Fifty-fourth Legislature                                                        

Second Regular Session                                                          

 

COMMITTEE ON JUDICIARY

HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2320

(Reference to printed bill)

 

 

 


Page 5, line 29, strike "authorized" insert "written"

Page 11, line 29, after "B." insert "The board may set a hearing pursuant to section 13‑3997.  A treatment supervisor may request a hearing pursuant to section 13‑3998."

Page 15, line 38, strike "an order for"

Line 40, after "or" insert "testimony"

Line 41, after "team" strike remainder of line

Line 42, strike "and provide testimony at the hearing"

Line 44, strike "evidence,"; after the third comma insert "written"

Page 16, line 2, after the period insert "A witness must be notified at least fourteen days before the date of the hearing."

Line 25, after "director" insert "; board member training"

Line 26, after "established" insert "as an independent state agency"

Line 28, after "be" insert "employed by"

Line 29, strike "defender" insert "defense agency"

Page 17, between lines 33 and 34, insert:

"H.  Beginning January 1, 2021, Each board member must complete a twelve‑hour training within one year after the member's initial appointment to the board.  Any member of the board whose initial appointment was before January 1, 2021 shall complete the training required by this subsection on or before january 1, 2022.  The training must include the subjects of governance and administrative management, conduct of quasi judicial proceedings and administrative procedure and rule adoption.  The office of the attorney general, the department of administration, the auditor general or an outside educational institution may provide The training of board members required by this subsection.  Any board action taken is not subject to challenge or invalidation because a board member has not completed the training required by this subsection."

Page 18, line 10, strike "the"

Line 25, strike ", the"

Line 26, strike "person about whom the hearing is being held"

Line 27, after "parties" insert "all of the"

Line 32, strike ", the" insert ", the"

Line 33, after "state" insert "Arizona state hospital"

Line 35, after the period insert "Before the person's conditional release,"

Line 41, strike "or the person's mental health has deteriorated" insert ", that the person is in need of immediate care, custody or treatment at a secure mental health facility or that the person's mental health creates a risk to the safety of the public or any person"

After line 44, insert:

"12.  On or before June 1, 2021 and each year thereafter, Prepare and submit a report to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the senate health and human services committee, or its successor committee, and the chairperson of the house of representatives health and human services committee, or its successor committee, and shall provide a copy of this report to the secretary of state.  the report must include all of the following:

(a)  The number of cases heard by the board, the county of origin for each case, the nature of each case, the disposition of each case and whether any of the board's decisions were appealed.

(b)  Whether the board has implemented all of the recommendations that were made in the most recent auditor general's report on the board and the reason for a recommendation not being implemented.

(c)  Whether training has been provided to board members on understanding and complying with statutory requirements.

(d)  Whether the Arizona state hospital has completed a mental health report on each person whose case was heard by the board and whether the report was provided within the required time frames.

(e)  Whether the Arizona state hospital completed a risk assessment on each person when requested by the board.

(f)  The number of times the board denied a request to continue a hearing made by the Arizona state hospital or a person's attorney and the reason for each denial.

(g)  Whether the Arizona state hospital refused to comply with a board order, the requirements of the order and, if known, the reason for the refusal.

(h)  The number of times the board used the board's SUBPOENA power to secure a document or a witness for a hearing and the circumstances that required the subpoena."

Page 21, line 8, after the third "the" insert "outpatient"

Line 9, after "has" strike remainder of line

Strike lines 10 through 14

Line 15, strike "twenty‑four hours after the person's return." insert "reasonable cause to believe that the person has violated any term of conditional release, is in need of immediate care, custody or treatment at a secure mental health facility or that the person's mental health creates a risk to the safety of the public or any person, the outpatient treatment supervisor may order that the person be taken into custody and transported to the secure mental health facility.  The person shall be immediately admitted to the secure mental health facility.  the outpatient treatment supervisor shall immediately provide written notice to the board, the parties and the chief medical officer of the secure mental health facility that confirms that the person has been admitted pursuant to this section. On receiving the notice,"

Page 21, line 16, after the period insert "the hearing must occur within seven days after the person's admission to the secure mental health facility, except that the board may continue the hearing for good cause or on agreement of the parties."

Page 30, after line 14, insert:

"Sec. 20.  Appropriation; psychiatric security review board; operating costs

The sum of $____________ is appropriated from the state general fund in fiscal year 2020-2021 to the psychiatric security review board for operating costs."

Amend title to conform


And, as so amended, it do pass

 

JOHN M. ALLEN

CHAIRMAN

 

 

2320JUDICIARY

02/12/2020

11:55 AM

H: ra