By Matthew Holloway |
Legislation intended to address the placement of dangerous criminal defendants deemed incompetent to stand trial advanced this week at the Arizona Legislature.
The Arizona Senate Health & Human Services Committee approved HB 2307, as amended, during a committee hearing on Wednesday. The bill, sponsored in the House by Rep. Leo Biasiucci (R-LD5) was amended in committee by State Senator Hildy Angius (R-LD30).
According to the caucus, the bill is intended to address a gap in Arizona law involving defendants who are determined by a court to be both dangerous and incompetent to stand trial.
Under current Arizona statute, defendants who meet those criteria are required to be placed in a Secure Mental Health Facility. However, no such facilities currently exist in the state.
The legislation would allow certain defendants who meet specific legal requirements to be placed in secure behavioral health facilities rather than being released into the community when no appropriate secure placement is available.
The amendment adopted in committee would permit the Arizona State Hospital to temporarily accept certain dangerous defendants deemed incompetent to stand trial on its forensic campus when secure mental health beds are unavailable.
The amended bill would also establish reporting requirements and create a legislative study committee to examine long-term options for secure mental health facility capacity in Arizona.
HB 2307 previously passed the Arizona House of Representatives with bipartisan support.
“Public safety must come first,” Angius said. “When someone is found dangerous and incompetent to stand trial, they need to be placed in a secure facility where they can receive treatment while protecting the public. This bill helps close a gap in our system and ensures dangerous offenders do not fall through the cracks simply because there is not a bed available in Arizona.”
The measure now advances to the Arizona Senate for consideration by the full chamber.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.