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Arizona State Senate Research Staff ARIZONA STATE SENATE RESEARCH STAFF TO: JOINT LEGISLATIVE AUDIT COMMITTEE CHERIE STONE LEGISLATIVE RESEARCH ANALYST HEALTH AND HUMAN SERVICES COMMITTEE DATE: December 5, 2019 Telephone: (602) 926-3171 SUBJECT: Sunset Review of the Arizona Psychiatric Security Review Board ____________________________________________________________________________ _ Attached is the final report of the sunset review of the Arizona Psychiatric Security Review Board, which was conducted by the Senate Health and Human Services Committee of Reference. A performance audit of the Arizona Psychiatric Security Review Board was conducted by the Arizona Office of the Auditor General (Report No. 18-107). This report has been distributed to the following individuals and agencies: Governor of the State of Arizona The Honorable Douglas A. Ducey President of the Senate Speaker of the House of Representatives Senator Karen Fann Representative Russell Bowers Senate Members Secretary of the Senate Senator Kate Brophy McGee, Chair Senate Resource Center Senator Sylvia Allen Senate Republican Staff Senator Heather Carter Senate Democratic Staff Senator Rick Gray Senate Research Staff Senator Tony Navarrete Office of the Chief Clerk Senator Tyler Pace House Republican Staff Senator Rebecca Rios House Democratic Staff Senator Victoria Steele House Research Staff Arizona Psychiatric Security Review Board Office of the Auditor General Arizona State Library, Archives and Public Records Senate Health and Human Services Committee of Reference Report Arizona Psychiatric Security Review Board Background Established in 1993, the Arizona Psychiatric Security Review Board (PSRB) maintains jurisdiction over certain individuals adjudicated as guilty except insane. Persons who cause death or physical injury, or the threat of death or physical injury, to another person and who are found to be guilty except insane are committed to a secure mental health facility and placed under the jurisdiction of the PSRB for the length of their presumptive sentence (A.R.S. §§ 13-502 and 13-3994). PSRB membership is composed of five members appointed by the Governor, with members serving staggered four-year terms. PSRB membership is required to include the following: 1) a licensed psychiatrist experienced in the criminal justice system; 2) a licensed psychologist experienced in the criminal justice system; 3) a person experienced in parole, community supervision or probation procedures; 4) a person from the public; and 5) an additional licensed psychologist or psychiatrist experienced in the criminal justice system. A county attorney, attorney general or public defender is prohibited from membership on the PSRB (A.R.S. § 31-501). PSRB duties include the following: 1) holding hearings to determine if a person committed to a secure state mental health facility is eligible for release or conditional release; 2) devising conditional release plans in conjunction with the secure state mental health facility; 3) confidentially maintaining all medical, social and criminal history records of persons committed to the PSRB's jurisdiction; and 4) holding hearings to determine if conditions of release should be continued, modified or terminated (A.R.S. § 31-502). PSRB is set to terminate on July 1, 2020, unless legislation is enacted for its continuation (A.R.S. § 41-3020.11). Committee of Reference Sunset Review Procedure The Senate Health and Human Services Committee of Reference conducted a public meeting on Wednesday, November 6, 2019, to review the audit report prepared by the Auditor General, evaluate PSRB’s response to the sunset factors and receive public testimony. Committee Recommendations The Senate Health and Human Services Committee of Reference recommended that PSRB be continued for eight years until July 1, 2028. Attachments A. Meeting Notice B. Minutes of Committee of Reference C. Auditor General Presentation D. Chairman’s Letter requesting the PSRB's response to the agency factors E. PSRB's response to the agency factors pursuant to A.R.S. § 41-2954, subsection F CS/AB/kja Interim agendas can be obtained via the Internet at http://www.azleg.gov/Interim-Committees ARIZONA STATE SENATE INTERIM MEETING NOTICE OPEN TO THE PUBLIC SENATE HEALTH AND HUMAN SERVICES COMMITTEE OF REFERENCE FOR THE SUNSET REVIEW OF THE: COMMISSION FOR THE DEAF AND THE HARD OF HEARING BOARD OF ATHLETIC TRAINING PSYCHIATRIC SECURITY REVIEW BOARD BOARD OF HOMEOPATHIC AND INTEGRATED MEDICINE EXAMINERS Date: Wednesday, November 6, 2019 Time: 10:30 A.M. Place: SHR 1 AGENDA 1. Call to Order 2. Roll Call 3. Sunset Review of the Commission for the Deaf and the Hard of Hearing • Response by the Commission for the Deaf and the Hard of Hearing • Public Testimony • Discussion • Recommendation by the Committee of Reference 4. Sunset Review of the Board of Athletic Training • Presentation by the Office of the Auditor General • Response by the Board of Athletic Training • Public Testimony • Discussion • Recommendation by the Committee of Reference 5. Sunset Review of the Psychiatric Security Review Board • Presentation by the Office of the Auditor General • Response by the Psychiatric Security Review Board • Public Testimony • Discussion • Recommendation by the Committee of Reference 6. Sunset Review of the Board of Homeopathic and Integrated Medicine Examiners • Response by the Board of Homeopathic and Integrated Medicine Examiners • Public Testimony • Discussion • Recommendation by the Committee of Reference 7. Adjourn Page 1 of 2 Members: Senator Kate Brophy McGee, Chair Senator Sylvia Allen Senator Heather Carter Senator Rick Gray Senator Tony Navarrete Senator Tyler Pace Senator Rebecca Rios Senator Victoria Steele 10/31/19 jr For questions regarding this agenda, please contact Senate Research Department. Persons with a disability may request a reasonable accommodation such as a sign language interpreter, by contacting the Senate Secretary’s Office: (602) 926-4231 (voice). Requests should be made as early as possible to allow time to arrange the accommodation. Page 2 of 2 ARIZONA STATE SENATE SENATE HEALTH AND HUMAN SERVICES COMMITTEE OF REFERENCE FOR THE SUNSET REVIEW OF THE: COMMISSION FOR THE DEAF AND THE HARD OF HEARING BOARD OF ATHLETIC TRAINING PSYCHIATRIC SECURITY REVIEW BOARD BOARD OF HOMEOPATHIC AND INTEGRATED MEDICINE EXAMINERS Minutes of the Meeting November 6, 2019 10:30 a.m., Senate Hearing Room 1 Members Present: Senator Kate Brophy McGee, Chair Senator Sylvia Allen Senator Heather Carter Senator Rick Gray Senator Tony Navarrete Senator Tyler Pace Senator Rebecca Rios Senator Victoria Steele Staff: Cherie Stone, Senate Research Staff Alanna Bendel, Senate Research Staff Ahjahna Graham, House Research Staff Chair Brophy McGee called the meeting to order at 10:39 a.m. and attendance was taken. SUNSET REVIEW OF THE COMMISSION FOR THE DEAF AND THE HARD OF HEARING Response by the Commission for the Deaf and the Hard of Hearing Betty McIntire, Director, Public Policy and Community Relations, Arizona Commission for the Deaf and the Hard of Hearing (AzCDHH), distributed and explained a handout entitled "Impact of Arizona Commission for the deaf and the hard of hearing" (Attachment A). Ms. McIntire gave an overview of the Commission, its' purpose and explained AzCDHH's response to the sunset questionnaire. Public Testimony Senator Brophy McGee read the names of the individuals who registered their position on the agenda items (Attachment B). Senate Health and Human Services Committee of Reference November 6, 2019 Page 1 Discussion Senator Gray offered comments regarding the AzCDHH. Senator Brophy McGee offered comments regarding the AzCDHH. Recommendation by the Committee of Reference Senator Carter moved that the Commission for the Deaf and the Hard of Hearing be continued for eight years, which is to July 1st, 2028. The motion CARRIED by voice vote. SUNSET REVIEW OF THE BOARD OF ATHLETIC TRAINING Presentation by the Office of the Auditor General Francisco Cruz, Auditor General's Office, distributed and explained a PowerPoint presentation entitled "Arizona Board of Athletic Training" (Attachment C). Mr. Cruz gave an overview of the Board of Athletic Training and explained the findings from the Auditor General's audit. Mr. Cruz answered questions posed by the Committee. Response by the Board of Athletic Training Karen Whiteford, Executive Director, Arizona Board of Athletic Training, Executive Director, Board of Occupational Therapy Examiners, distributed and explained a PowerPoint presentation entitled "Arizona Board of Athletic Training" (Attachment D). Ms. Whiteford gave an overview of the Board of Athletic Training and the work they do. Ms. Whiteford explained the Board of Athletic Training 's response to the audit that was done by the Auditor General's office and answered questions posed by the Committee. Mr. Cruz answered additional questions posed by the Committee. Ms. Whiteford answered additional questions posed by the Committee. Public Testimony Senator Brophy McGee read the names of the individuals who registered their position on the agenda items (Attachment B). Discussion There was no Committee discussion. Recommendation by the Committee of Reference Senator Carter moved that the Board of Athletic Training be continued for eight years until July 1, 2028. The motion CARRIED by voice vote. Senate Health and Human Services Committee of Reference November 6, 2019 Page 2 SUNSET REVIEW OF THE PSYCHIATRIC SECURITY REVIEW BOARD Presentation by the Office of the Auditor General Jeff Gove, Audit Manager, Auditor
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