ARIZONA STATE SENATE
Phoenix, Arizona
guilty except insane;
offender disposition
Classifies as a class 2
misdemeanor the escape from the Arizona State Hospital (ASH) of a person who has
been ordered by the court to receive mental health services. Provides the Superior Court with
jurisdiction over persons the Psychiatric Security Review Board (PSRB) finds to
no longer suffer from mental disorders.
Background
ASH states that patients who
escape can be a danger to themselves and the public. Currently, if a patient escapes from ASH, the patient is reported
to law enforcement as a missing person.
Missing person reports are only available to a limited number of law
enforcement agents.
S.B. 1214 makes escape or
attempted escape of a person who has been charged or found guilty of a crime
and has been committed to ASH a class 2 misdemeanor. Classifying escape from ASH as class 2 misdemeanor allows a
statewide warrant to be issued for the apprehension of the patient, allowing
the warrant to be accessed by any law enforcement agent in the State by
conducting an identification or name check.
ASH reports that the guilty
except insane (GEI) population is the fastest growing population at ASH. GEIs are under the jurisdiction of the
PSRB. As of January 31, 2002, 103 GEIs
were under PSRB jurisdiction. The PSRB
has the authority to hold hearings to determine if a GEI is eligible for
release or conditional release. S.B.
1214 gives the Superior Court jurisdiction over persons, including GEIs, whom
the PSRB finds to be dangerous, although no longer mentally ill.
The fiscal impact of this
legislation is undetermined at this time.
1. Makes a person who has been charged or convicted of a crime and who escapes from ASH guilty of a class 2 misdemeanor.
2. Requires the Superior Court to decide whether an offender shall be released on probation or returned to prison if PSRB finds that the offender no longer suffers from a mental disorder. The applicant has the burden of proof by clear and convincing evidence.
3. Requires the Superior Court to determine terms of commitment. If the person is to be released, the Court must make findings on the record as the least restrictive alternative available, or the person may be returned to the Arizona Department of Corrections for the remainder of the person’s sentence.
4. Allows an offender to request judicial review by the Superior Court and explain the need for the review within 30 days of a decision by the PSRB that impacts the liberty interests of the person.
5. Allows any party to oppose the request for judicial review.
6. Makes conforming and technical changes.
7. Provides for a general effective date.
Prepared by Senate Staff
February 15, 2002