Committee backs temporary out-of-state placements for some involuntary mental-health commitments

The Special Committee on Health and Human Services advanced HB2307 as an emergency measure on a 6–5 committee vote after adopting a Bliss strike-everything amendment that would require the Arizona Department of Health Services to contract with out-of-state facilities able to deliver equivalent secure behavioral-health services when in-state beds are unavailable.

Sponsor Representative Biasucci framed the amendment as a short-term fix prompted by a Mohave County case in which a defendant deemed incompetent to stand trial could not be placed in a secure behavioral health facility and, after court action, could not be recharged. ‘‘We should be able to contract out of state to put them somewhere because the alternative is they’re going on the streets and they will be released,’’ Biasucci said during committee testimony.

Co-sponsor Senator Angus described the change as a temporary ‘‘emergency stopgap’’ while the state builds the SBURF beds required by statute. She noted prior funding shortfalls — $5 million appropriated in lieu of the $25 million advocates had sought — and said requests for proposals were underway but beds were not yet ready.

Department of Health Services legislative liaison Carly Fleague told the committee estimates of how many people would be affected are “difficult to estimate,” citing a 2016 study that found 556 defendants across eight counties were judged non-restorable during 2013–2016; DHS flagged additional legal and operational questions, including whether Title 13 court orders can be implemented out of state and whether interstate compacts would apply.

Opponents, including Adna Zalkovich of the Arizona Attorneys for Criminal Justice and disability-rights advocates, said out-of-state placements would complicate counsel access, judicial review, family contact and continuity of treatment and could weaken due-process protections. Zalkovich urged building in-state capacity rather than exporting institutionalization.

Committee members repeatedly pressed proponents and DHS for fiscal estimates, legal authority to carry Title 13 orders across state lines, geographic limits on placement and whether Arizona would be liable for long-term care costs. Proponents said the amendment requires DHS to cover contractual costs for out-of-state placement.

The committee adopted the Bliss amendment by voice and then voted to return HB2307 as amended with a due-pass recommendation (committee vote recorded as 6 ayes, 5 nays, 0 present, 1 absent). The bill now goes to the next stage with open questions about costs, interstate agreements and oversight.

What’s next: The committee action sends HB2307 as amended forward; DHS and proponents will likely be expected to supply fiscal estimates and clarifications on interstate legal mechanisms before floor debate.