31-502. Psychiatric security review board; powers and duties; definition
(Rpld. 7/1/23)
A. The psychiatric security review board shall:
1. Maintain jurisdiction over persons who are committed to a secure mental health facility pursuant to section 13-3992.
2. Hold hearings to determine if a person committed to a secure mental health facility is eligible for conditional release or transfer back to superior court.
3. In conjunction with the secure mental health facility and other community agencies or persons, devise a plan for the conditional release of a person.
4. Unless otherwise provided by law, confidentially maintain all medical, social and criminal history records of persons who are committed to its jurisdiction.
5. On notice from the board or an application by a treatment supervisor or a person on conditional release, hold a hearing to determine if conditional release should be granted, continued, modified, suspended or terminated.
6. Keep a record of all hearings before the board.
7. Give written notice of any hearing before the board to the victim, the parties and the court that committed the person to the board's jurisdiction.
8. Determine if the person about whom the hearing is being held is indigent and, if so, request the committing court to appoint an attorney to represent the person. The court of the county of prosecution shall bear the cost of the court appointed attorney.
9. Before a hearing, disclose to the treatment supervisor and the parties all of the information, documents or reports that the board will be considering.
10. Require at least two members voting in the affirmative to deny, grant, modify, continue, suspend or terminate a person's conditional release based on clear and convincing evidence.
11. On or before June 1, 2022 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. In addition to any other information that the board determines to include in the report, 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 persons whom the Arizona state hospital recommended to the board for conditional release and of those referrals, the number of persons who were granted a conditional release by the board.
(i) 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.
B. The board may:
1. Adopt rules to carry out the purposes of this chapter and title 13, chapter 38, article 14.
2. As a condition of release, require a person to receive treatment from a board designated licensed or certified state or local mental health facility or agency or person.
3. Issue subpoenas requiring the attendance and testimony of witnesses at any hearing before the board. Subpoenaed witnesses shall be paid the same fees and mileage allowance paid witnesses in civil actions. If a person fails to comply with a subpoena that is issued pursuant to this paragraph, the board may request a superior court judge to issue a contempt order.
4. Request in the notice of hearing that a specific witness who is from the person's treatment team attend a hearing. If a witness is requested in the notice of hearing, the person's treatment supervisor is responsible for notifying the witness.
5. Continue a hearing if the board determines that the standard of clear and convincing evidence has not been met, the patient requests a continuance and the opportunity to supplement the information that is available for the board's consideration and the board finds there is sufficient cause to grant the request for the continuance.
6. Receive witness testimony in a hearing that is closed to the public.
C. For the purposes of this section, " secure mental health facility" has the same meaning prescribed in section 13-3991.