HB 2356 Summary

• Establishes the Office of Public Safety Guardianships, directed by a governor-appointed director who must be a licensed fiduciary, to initiate and administer guardianships for incapacitated incompetent persons.

• Creates a new public safety guardianship process for criminal defendants found incompetent to stand trial with no substantial probability of regaining competency within 21 months, requiring a court-ordered psychiatrist examination and clear and convincing evidence that the person is likely to commit violent acts or cause serious physical harm.

• Grants public safety guardians all powers of standard guardians under existing law and authorizes placement in licensed psychiatric facilities; the Arizona State Hospital shall establish a dedicated program providing inpatient services, outpatient services, and housing for admitted persons.

• Requires the State Hospital to apply any available private insurance or public benefits to program costs; if unavailable, the State Hospital bears the costs and must work to facilitate the person's eligibility for all available benefits during inpatient stays.

• Sunsets the Office of Public Safety Guardianships on July 1, 2027, with Title 14, Chapter 5.1 repealed on January 1, 2028.