Until December 31, 2031, when no bed is open in a secure state mental health facility, the Arizona State Hospital may take certain defendants found dangerous and incompetent to stand trial, with limits, and a new study committee must report on long-term options by December 31, 2026.
Official title: dangerous incompetent defendants; study committee
- April 2, 2026 (emergency measure, effective when signed)
- Applies retroactively from after December 31, 2023: Commitment and State Hospital placement rules
- October 1, 2026, then every 6 months: Court reports on these defendants
- By November 1, 2026: Health department cost analysis
- By December 31, 2026; committee ends after that date: Study committee report
- Ends after December 31, 2031: State Hospital placement option
What changes
BeforeA defendant found dangerous and incompetent was ordered committed to a secure state mental health facility, with no stated backup placement if no bed was available.
NowUntil December 31, 2031, if no bed is available in such a facility in Arizona, the Arizona State Hospital may accept the defendant on its forensic campus if the defendant is committed as dangerous and incompetent, has received at least 12 months of competency restoration services and has a primary psychiatric condition.
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NowThe commitment order for these placements must keep the defendant committed until a court finds the defendant competent to stand trial or no longer dangerous, must authorize the hospital to provide necessary treatment including medications as clinically indicated, and must allow the hospital to issue a standing order for restraints as necessary for facility safety and security.
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NowThe hospital may not accept more than 1 such defendant whose home county has fewer than 400,000 people. If the hospital reaches or expects to reach its maximum funded forensic capacity, the superintendent must notify each county's presiding judge, county attorney and board chair; the Department of Health Services then is not required to repay counties for delayed admissions of people found guilty except insane caused by these placements, and is not liable for being unable to admit defendants.
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NowThe Department of Health Services must pay the costs of these defendants at the hospital, including non-psychiatric services. When a secure state mental health facility is licensed, the hospital must coordinate moving these defendants there as soon as practicable.
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NowA legislative study committee must report by December 31, 2026 on funding, provider rates, private versus state-run facilities, civil commitment alternatives, 10-year population growth and out-of-state options. The Department of Health Services must analyze the cost of building or renovating a secure facility on hospital grounds by November 1, 2026, and the courts' administrative office must report counts of these defendants every 6 months starting October 1, 2026.
Who it affects
- Criminal defendants found dangerous, incompetent to stand trial and committed by a court
- Counties, including county attorneys, judges and boards of supervisors
- Arizona State Hospital and Department of Health Services
- Administrative Office of the Courts
- Legislators and agencies serving on the study committee
What you need to do
Nothing.
What the law doesn't answer
- Where defendants go if no secure facility bed is open and the State Hospital cannot or does not accept them
- Whether any secure state mental health facility currently exists or when one will be licensed
- How 'primary psychiatric condition' is defined
- Whether any money is appropriated for these placements
- How many State Hospital beds are available for this use
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.