Agency Contact Information
Psychiatric Security Review Board
Authority- Transferred effective July 1, 2023
The Psychiatric Security Review Board was established in 1993. Current statutory authority is found at A.R.S. §§31-501 through 31-502. See also A.R.S. §13-3994.
Board powers and duties were transferred to the Superior Court, effective January 1, 2023.
See Laws 2021, Chapter 390 and Laws 2022, Chapter 314.
Function
The Psychiatric Security Review Board (Board) was established to protect public safety and welfare and to monitor the mental well-being of persons who have been found guilty but insane and who had been placed under the jurisdiction of the Board. The Board conducted hearings to determine if a person was eligible for release based on timing and procedures outlined in A.R.S. §13-3994.
The Board consisted of five members, appointed by the Governor to four-year terms.
History
The Board was created by Laws 1993, Chapter 256 to maintain jurisdiction over persons who were committed to a secure state mental facility pursuant to state law. The Board initially consisted of four members, appointed by the Governor to four-year terms.
Statute requires a person who is found guilty except insane to be committed to a secure state mental facility of the Arizona Department of Health Services for treatment. If the person committed a criminal act which caused death or serious physical injury to another person, the court placed the person under the jurisdiction of the Board for a period of time that was equal to the sentence the person could have received. The Board was authorized to hold hearings to determine if a person was eligible for release or conditional release. If conditional release was granted, the Board worked with other responsible agencies to develop a conditional release plan which might include a requirement for the person to receive treatment. Prior to conducting a hearing, the Board notified legal counsel, the Attorney General, the victim and the court that committed the person to the Board’s jurisdiction.
Laws 1995, Chapter 250 modified Board responsibilities to require monitoring of persons committed to a secure state developmental disability facility, in addition to those persons committed to a secure state mental health facility. The measure included the following intent clause: The Legislature recognizes that a small group of individuals with developmental disabilities are charged with serious felonies yet are found not competent to stand trial. Since these offenders generally do not have an associated mental illness, they cannot be involuntarily committed to state facilities such as the Arizona State Hospital pursuant to title 36, Arizona Revised Statutes.
As a result, at that time the court had no option but to release these offenders back into society even though there was a high probability they will reoffend. It was the intent of the Legislature to address the problem by providing secure treatment alternatives, subject to legislative appropriation, for these offenders. In so doing, the Legislature intended to strike a balance between protecting the safety and security of the public and guarding the due process rights of the individual offender through numerous clinical evaluations and reviews, a least restrictive environment analysis and strong advocacy linkage between the appointed guardian and the offender. (See Laws 1995, Chapter 250, Section 18)
Laws 1996, Chapter 142 modified Board responsibilities related to additional evaluations and increased the number of members on the Board to five, by adding one additional psychiatrist or psychologist.
Legislation enacted in subsequent years provided a conditional repeal for several sections of statute based on legislative appropriations to the Arizona Department of Economic Security (DES) for a separate and secure facility for developmentally disabled individuals. In June 2003, the DES Director sent written notice to the Executive Director of the Legislative Council stating DES did not receive the appropriation which triggered the repeal of several sections of statute, including Laws 1995, Chapter 250. See Laws 2001, Chapter 185, section 3, as amended by Laws 2002, Chapter 267, section 17.
Laws 2021, Chapter 390 modified certain responsibilities of the Board relating to hearings, notices, evaluation of an insane defendant, sealed reports, timelines, decisions, terms of release, return orders, and jurisdiction. The measure also modified Board composition, duties, frequency of meetings, conditional release hearings, and established training requirements for Board members. These modifications remained in effect until the Board was repealed in 2023.
Laws 2022, Chapter 314 amended several sections of Laws 2021, Chapter 290 to accelerate the repeal date for the Board and related statutes to January 1, 2023, rather than the July 1, 2023, date provided for by the 2021 measure.
Effective January 1, 2023, the Board is repealed, and its powers and duties are transferred to the Superior Court. The Superior Court has exclusive supervisory jurisdiction over all persons who are under the supervision of the Board at that time. Legislative Council staff is required to prepare conforming legislation for consideration by the Legislature in 2023.
Sources
- Arizona Revised Statutes §§31-501 – 31-502 and §§13-3994
- Session Laws
- Laws 1993, Chapter 256
- Laws 1995, Chapter 250
- Laws 1996, Chapter 142
- Laws 2001, Chapter 185
- Laws 2002, Chapter 267
- Laws 2021, Chapter 390
- Laws 2022, Chapter 214
Arizona Psychiatric Security Review Board website