HB 2307: technical correction; critical infrastructure information - Arizona

Senate Engrossed Version (03/26/2026) → Chaptered Version · 5 edits

MODERATE

The bill was finalized into law (Chapter 12) after being approved by the Governor on April 2, 2026. The text was cleaned up to remove formatting errors and ensure consistent capitalization and punctuation. Substantively, the bill maintains its focus on dangerous and incompetent defendants, with no changes to the core legal requirements or eligibility criteria.

Scope change

The bill's scope remains unchanged; it continues to govern the treatment of dangerous and incompetent defendants in Arizona.

TECHNICAL

Fixed a character encoding error in the description of the bill's subject matter, changing 'dangerous incompetent defendants' from garbled text to clear, readable text.

Corrected punctuation in a legal provision regarding court hearings by removing an erroneous full-width period and adding a standard period.

Corrected punctuation in a provision regarding hospital capacity by removing an erroneous full-width period and adding a standard period.

Fixed capitalization errors in the committee membership list, ensuring consistent use of lowercase for 'public defender' and 'representatives'.

TIMELINE

Added official dates and signatures indicating the bill was approved by the Governor and filed with the Secretary of State on April 2, 2026, finalizing its enactment.

House Engrossed Version (02/18/2026) → Senate Engrossed Version (03/26/2026) · 7 edits · Mar 26, 2026

MODERATE

The bill was amended to add a temporary provision allowing the Arizona State Hospital to admit dangerous and incompetent defendants when state facilities are full, while simultaneously establishing a legislative study committee to investigate long-term funding and facility solutions. The original House version included immediate out-of-state contracting options, which were replaced with a specific study requirement and a sunset date for the new section.

Scope change

The bill's scope expanded from a temporary fix involving out-of-state contracts to a comprehensive study on building new secure facilities, with the new temporary placement section set to expire on December 31, 2031.

TIMELINE

Added a sunset date of December 31, 2031, for the new section regarding out-of-state placements.

REQUIREMENT

Established a Legislative Study Committee to analyze funding, per diem rates, and the feasibility of private versus state-operated secure facilities.

Replaced the House version's immediate authority to contract with out-of-state facilities with a requirement to study interstate compacts and other solutions.

Added specific eligibility criteria for defendants admitted to the Arizona State Hospital, including a requirement of at least twelve months of restoration services and a primary psychiatric condition.

Removed the House version's provision allowing the Department of Health Services to contract with out-of-state facilities immediately.

FISCAL

Directed the Department of Health Services to conduct an analysis of costs for constructing or renovating a new secure state mental health facility.

ENFORCEMENT

Mandated semi-annual reporting to state officials on the number of incompetent defendants and those diagnosed with neurocognitive or neurodevelopmental disorders.

Introduced Version → House Engrossed Version (02/18/2026) · 5 edits · Mar 26, 2026

MODERATE

The bill was completely rewritten from a technical correction regarding critical infrastructure information to a new substantive law establishing procedures for dangerous and incompetent defendants. It creates a legal framework to determine if a defendant is dangerous and should be involuntarily committed to a secure mental health facility, including provisions for out-of-state placement if local beds are unavailable.

Scope change

The scope shifted entirely from protecting critical infrastructure data to governing the civil commitment process for defendants who are both incompetent to stand trial and dangerous to society.

SCOPE

Removed all provisions related to the Critical Infrastructure Information System, including penalties for unauthorized disclosure of such information.

Added a new statute (Section 13-4521) establishing a hearing and trial process to determine if a defendant is dangerous and should be involuntarily committed.

REQUIREMENT

Added requirements for mental health evaluations, evidence standards (beyond a reasonable doubt), and annual reporting to the criminal justice commission.

FISCAL

Added responsibility for the Department of Health Services to contract with and pay for out-of-state facilities if no secure beds are available in Arizona.

TIMELINE

Established specific timelines, such as holding a proof hearing within ten days and a commitment trial within one hundred twenty days after the initial order.

technical correction; critical infrastructure information

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