ARIZONA STATE SENATE
Phoenix,
Arizona
developmental disabilities
division; secure facilities
Delays, from October 1, 2001
to October 1, 2003, the date by which the Department of Economic Security (DES)
must construct a secure facility for persons with developmental disabilities
who are charged with serious felonies yet are incompetent to stand trial.
Repeals the requirement to build a secure facility if funding is not
appropriated for that purpose in
FY 2002-2003.
Background
Arizona law defines
“developmental disability” as severe, chronic disabilities attributable to
mental retardation, cerebral palsy, epilepsy or autism. To qualify as a developmental disability,
the disability must manifest before age 18, be likely to continue indefinitely
and result in substantial functional limitation in three or more specified life
activities, such as self-care, self-direction and the capacity for independent
living (A.R.S. 36-551).
In 1995, the Legislature
passed S.B. 1273 that directed DES’ Division of Developmental Disabilities (the
Division), subject to legislative appropriation, to construct a secure facility
to house individuals with developmental disabilities who commit serious
felonies and are considered a threat to public safety, yet are incompetent to
stand trial. The bill required that the
Division have a secure facility by October 1, 1996, for the qualifying individuals
whose guardians requested this type of placement through the courts. However, because funding has not been
granted for the facility, the Legislature has delayed the date by which the
Division must have a facility.
The Division has determined
that between five and ten individuals annually fit the requirements for housing
in a secured facility. Small group
homes in remote areas are currently used to house these individuals. The Division states that the homes maintain
a high staff-to-patient ratio in order to ensure that the individuals are
secure.
The Division has performed a
preliminary statewide survey and identified the potential population for whom a
secure facility may be necessary. The
Division estimates costs for a secured facility housing six individuals to be
$1,061,000 in FY 2002 and $1,359,700 in FY 2003. The Legislature has not appropriated funds for building a secure
facility, and the Division is prohibited from spending the funds currently
spent for group home settings on capital costs for construction of a secure
facility. Additionally, the Arizona
Health Care Cost Containment System (AHCCCS) cannot determine if individuals in
a secure facility will qualify for federal matching funds for long-term
services until the secured facility is built and it is determined that the
facility is licensed as a type of facility that would qualify for Title 19
funds.
If H.B. 2003 is enacted, DES
reports that the ten individuals currently supervised in group homes will
continue to live in group homes at a cost of nearly one million dollars to the
state.
1. Delays, from October 1, 2001 to October 1, 2003, the date by which DES must construct a secure facility for persons with developmental disabilities who are charged with serious felonies yet are incompetent to stand trial.
2. Repeals the requirement to build a secure facility if funding is not appropriated for that purpose in FY 2002-2003.
3. Requires that the Division annually evaluate the need for a secure facility and identify those individuals who are defined under Arizona law as “incompetent to stand trial” or as a “threat to public safety” and who are not in a safe and secure setting.
4. Requires that if the Division identifies 25 or more individuals who meet specified criteria, DES shall request funding for a secure facility.
5. Specifies that the identification of individuals shall not include those individuals who are also diagnosed with a mental health illness.
6. Provides for a general effective date.
Amendments
Adopted by Committee
1. Contains a conditional repeal.
2. Eliminates the requirement for DES to request funding for a secure facility by FY 2003‑2004.
House Action Senate Action
APPROP 2/5/01 DPA 10-5-0-1-0
3rd Read 2/19/01 37-21-2-0
Prepared by Senate Staff
March 28, 2001