HB 2334 Summary

• Establishes a new commitment procedure for defendants found incompetent to stand trial who are determined to be "dangerous" and cannot be restored to competency within 21 months, allowing courts to order jury trials to determine if commitment is warranted.

• Defines "dangerous" as likely to commit homicide, sexually violent offense, or cause serious physical injury to another person as a result of mental illness, defect, or disability.

• Creates Title 36, Chapter 40 establishing procedures for commitment of dangerous incompetent defendants to secure state mental health facilities, including biannual examinations, conditional release to less restrictive alternatives, and discharge procedures.

• Requires the state to prove by clear and convincing evidence at commitment hearings that the defendant is dangerous, with defendants receiving credit for time spent in secure mental health facilities against any subsequent prison sentence.

• Mandates annual reporting to the Arizona Criminal Justice Commission on the number of defendants ordered to jury trials, committed after trial, conditionally released, and discharged as nondangerous.