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AZ SB1412
Bill
Status
3/3/2016
Primary Sponsor
Adam Driggs
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AI Summary
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Establishes procedures for involuntary commitment of defendants found incompetent to stand trial and not restorable to competency within 21 months, requiring clear and convincing evidence that the defendant is dangerous.
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Creates new section 13-4518 allowing courts to order commitment of dangerous, incompetent defendants to secure mental health facilities for education, care, supervision and treatment until competency is restored, dangerousness ends, or maximum sentence expires.
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Creates new title 36, chapter 40 establishing comprehensive procedures for annual examinations, conditional release to less restrictive alternatives, and discharge hearings for committed dangerous incompetent persons.
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Amends competency evaluation procedures to require mental health experts to assess dangerousness and whether defendants may be sexually violent persons, with reports provided to prosecutors for potential civil commitment petitions.
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Requires prosecutors who file competency-related petitions to provide criminal history and allows courts to retain jurisdiction and order assessments of defendants' eligibility for insurance or public benefits to cover treatment costs.
Legislative Description
Nonrestorable defendants; incompetent; involuntary commitment
Last Action
Referred to House APPROP Committee
3/16/2016