Assigned to FS                                                                                           AS PASSED BY THE SENATE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1221

 

sexually violent persons; confidential communications

 

Purpose

 

                Specifies that any information obtained by a psychiatrist, psychologist or counselor from a person participating in a prison based sex offender treatment program is inadmissible in any criminal proceeding against the person.

 

Background

 

            According to the National Conference of State Legislatures, 16 states, including Arizona, have civil commitment laws that allow state officials to initiate an involuntary commitment process against convicted sex offenders after they have served their sentences.  In Arizona, an agency with jurisdiction over a person convicted or found guilty except insane of a sexually violent offense must determine whether the person may be sexually violent within three months before the person’s anticipated release from confinement.

 

If the agency makes such a determination, it refers the person in writing to the county attorney in the county in which the person was convicted.  After a person is referred to the county attorney, an expert reviews the individual’s records and determines whether an individual may be a sexually violent person.  The expert may also conduct an interview of the individual if the individual consents.  The referring agency is required to supply enumerated documentation to support the referral, which includes a report prepared by the expert.  The county attorney reviews all materials and makes the decision whether to file a commitment petition of the individual as a sexually violent person.

 

            According to the Department of Corrections, an average of four inmates a month will be classified as sexually violent persons and will be subject to civil commitment at the Arizona Community Protection and Treatment Center located at the Arizona State Hospital.

 

            There is no direct cost to the state general fund associated with the provisions of this measure.  If S.B. 1221 becomes law, more inmates may take advantage of available counseling or therapy and more counseling professionals may be needed in prison settings.

 

Provisions

 

1.      Specifies that any information obtained by a psychiatrist, psychologist or counselor from a person participating a prison based sex offender treatment program is inadmissible in any criminal proceeding against the person.

 

2.      Makes conforming and technical changes.

 

3.      Provides for a general effective date.

 

Amendments Adopted by Committee of the Whole

 

1.      Removes the requirement that a sexually violent person (SVP) report may only include the expert's professional opinion as to whether a person has a mental disorder and is likely to engage in a sexually violent offense.

 

2.      Removes language prohibiting disclosure of communications made in a prison based sex offender treatment program between a counseling professional and a person who may be classified as an SVP during the civil commitment process.

 

3.      Specifies that any information obtained by a psychiatrist, psychologist or counselor from a perosn participating in a prison based sex offender treatment program is inadmissible in any criminal proceeding against the person.

 

Senate Action

 

FS                    1/31/01            DP       5-0-1-0

3rd Read           2/26/01                        16-14-0-0

 

 

 

Prepared by Senate Staff

January 29, 2001