Arizona House passes bill to commit defendants who are incompetent, unrestorable and dangerous; fiscal analysts flag large costs
The bill, which addresses defendants charged with serious offenses who are found incompetent with no substantial probability of restoration within 21 months, would create a commitment process with a jury trial, a beyond-a-reasonable-doubt standard, regular re-examination, and conditional release or discharge. Current law lets courts release such defendants, dismiss charges, appoint a guardian or send them for civil commitment.
The Senate Research fact sheet, prepared March 23, 2021, records House Judiciary approval 6-4 on February 3 and House passage 45-14-1 on March 3. It cites a legislative budget committee fiscal note saying costs could not be determined with certainty: about $5.7 million in FY 2021 rising to $21.5 million in FY 2025 under one scenario, versus a health department estimate of $95 to $115 million a year plus roughly $137.5 million in construction.
The fact sheet does not say what happened next in the Senate. The bill follows the 2019-2020 committee proposal for the dangerous and non-restorable population and illustrates how bed capacity at the Arizona State Hospital drives the policy debate.
Source: HB2334 - 551R - Senate Fact Sheet — Arizona State Legislature, by Arizona State Senate Research
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