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AZ HB2239
Bill
Status
3/24/2017
Primary Sponsor
Eddie Farnsworth
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AI Summary
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Establishes procedures for screening defendants found incompetent to stand trial with no substantial probability of restoration within 21 months to determine if they may be sexually violent persons, requiring appointment of a competent professional to conduct screening within 30 days.
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Requires prosecutors filing petitions for civil commitment of incompetent defendants to include known criminal history and prior incompetency findings in evaluation petitions submitted to civil commitment agencies.
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Expands notice requirements for civil commitment proceedings to include prosecutors when they file petitions, ensuring they receive updates on evaluations, treatment plans, and discharge decisions.
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Permits prosecutors to request screenings for sexually violent person status when incompetent defendants are charged with sexually violent offenses and unlikely to regain competency, preventing dismissal of charges until screening is complete and a hearing is held.
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Modifies criminal history definition in mental health law to include determinations of incompetency to stand trial and adds prosecuting agency as a defined term with standing to receive notification of civil commitment proceedings and treatment decisions.
Legislative Description
Incompetent, nonrestorable defendants; involuntary commitment
Criminal Code
Last Action
Chapter 59
3/24/2017