Assigned to JUD                                                                                                   FOR CAUCUS & FLOOR ACTION

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1214

 

guilty except insane; offender disposition

 

Purpose

 

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.

 

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.

 

The fiscal impact of this legislation is undetermined at this time. 

 

Provisions

 

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.      Makes conforming and technical changes.

 

3.      Provides for a general effective date.

 

Amendments Adopted by Committee

 

·        Eliminates provisions relating to the transfer of jurisdiction from the Psychiatric Security Review Board to the Superior Court over persons found to be no longer mentally ill, but found to still pose a danger to the public.

 


Senate Action

 

JUD                 3/12/02            DPA    5-0-3-0

 

 

Prepared by Senate Staff

March 15, 2002