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AZ SB1315
Bill
Status
2/2/2015
Primary Sponsor
Adam Driggs
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AI Summary
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Creates a new "behavioral health advisory board" that counties may establish to develop individualized treatment plans for incompetent defendants and supervise service delivery, with court approval and reporting requirements at least every 180-360 days depending on treatment stage.
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Expands criminal court authority over incompetent defendants deemed "dangerous" (charged with serious/violent felonies) by allowing courts to order up to 6 years of treatment instead of the previous 21-month limit, with release hearings every 2 years.
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Adds new definition of "dangerous" for incompetent defendants and establishes procedures for courts to hold dangerousness hearings, initiate civil commitment, appoint guardians, or refer defendants to behavioral health advisory boards when found not restorable to competency.
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Requires mental health evaluations of incompetent defendants to assess propensity to reoffend and determine if they may be sexually violent persons, with provisions for county attorney notification and civil commitment or sexual predator petition proceedings.
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Modifies civil commitment procedures to add criminal history screening, notification requirements to criminal courts for incompetent defendants, and extended treatment authority for patients deemed dangerous, with noncompliance provisions allowing immediate court intervention.
Legislative Description
Incompetent and dangerous defendants; treatment
Last Action
Senate majority caucus: Do pass
2/24/2015