Signed by Governor Doug Ducey

Vote Smart's Synopsis:

Vote to pass a bill that appropriates funds for health-related costs and areas for fiscal year 2020-2021.

Highlights:

• Authorizes a court to approve a patent’s placement in a secure behavioral health residential facility that is licensed and that is willing to accept the patient if they have been determined to be seriously mentally ill and the court finds they are chronically resistant to treatment, if a court finds a patient meets the criteria for court-ordered treatment (Sec. 7). 

• Authorizes a court to determine that a person is chronically resistant to treatment if the court finds that, within 24-months before the issuance of a court order, excluding any time they were hospitalized or incarcerated, the person demonstrated a persistent or recurrent unwillingness or inability to participate in or adhere to treatment for a mental disorder despite having treatment offered, prescribed, recommended or ordered to improve the person’s condition (Sec. 7). 

• Requires the court’s findings to be based on evidence that establishes all of the following by clear and convincing evidence (Sec. 7):

• The person received treatment in the preceding 24 months in other less-restrictive settings, including unsecured residential treatment settings with on-site 24-hour supportive treatment and supervision by staff with behavioral health training, and the treatment was unsuccessful or is not likely to be successful due to the person’s expressed or demonstrated unwillingness to cooperate with treatment in other less-restrictive or unsecured residential treatment settings;

• The person’s nonadherence to or nonparticipation in treatment over the preceding 24 months resulted in serious harm to self, serious harm or threats to others, recurrent periods of homelessness resulting from the mental disorder, recurrent serious medical problems due to poor self-care or failure to follow medical treatment recommendations, or recurrent arrests due to behavior resulting from the mental disorder; or 

• Any other evidence relevant to the person’s willingness or ability to participate in and adhere to treatment or the person’s need for treatment in a licensed secure residential setting to ensure the person’s compliance with court-ordered treatment.

• Requires a secure behavioral health residential facility program to provide secure 24-hour on-site supportive treatment and supervision by staff with behavioral health training only to persons who have been determined to be seriously mentally ill and chronically resistant to treatment (Sec. 6).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that appropriates funds for health-related costs and areas for fiscal year 2020-2021.

Highlights:

• Authorizes a court to approve a patent’s placement in a secure behavioral health residential facility that is licensed and that is willing to accept the patient if they have been determined to be seriously mentally ill and the court finds they are chronically resistant to treatment, if a court finds a patient meets the criteria for court-ordered treatment (Sec. 7). 

• Authorizes a court to determine that a person is chronically resistant to treatment if the court finds that, within 24-months before the issuance of a court order, excluding any time they were hospitalized or incarcerated, the person demonstrated a persistent or recurrent unwillingness or inability to participate in or adhere to treatment for a mental disorder despite having treatment offered, prescribed, recommended or ordered to improve the person’s condition (Sec. 7). 

• Requires the court’s findings to be based on evidence that establishes all of the following by clear and convincing evidence (Sec. 7):

• The person received treatment in the preceding 24 months in other less-restrictive settings, including unsecured residential treatment settings with on-site 24-hour supportive treatment and supervision by staff with behavioral health training, and the treatment was unsuccessful or is not likely to be successful due to the person’s expressed or demonstrated unwillingness to cooperate with treatment in other less-restrictive or unsecured residential treatment settings;

• The person’s nonadherence to or nonparticipation in treatment over the preceding 24 months resulted in serious harm to self, serious harm or threats to others, recurrent periods of homelessness resulting from the mental disorder, recurrent serious medical problems due to poor self-care or failure to follow medical treatment recommendations, or recurrent arrests due to behavior resulting from the mental disorder; or 

• Any other evidence relevant to the person’s willingness or ability to participate in and adhere to treatment or the person’s need for treatment in a licensed secure residential setting to ensure the person’s compliance with court-ordered treatment.

• Requires a secure behavioral health residential facility program to provide secure 24-hour on-site supportive treatment and supervision by staff with behavioral health training only to persons who have been determined to be seriously mentally ill and chronically resistant to treatment (Sec. 6).

Full Bill Text