By Jonathan Eberle |
A bipartisan-backed bill aimed at closing a critical gap in Arizona’s mental health and public safety system was signed into law this week. The bill ensures that individuals deemed both severely mentally ill and dangerous are not prematurely released into communities without appropriate care and oversight.
SB 1604, sponsored by Republican Senator Hildy Angius (R-LD30), mandates that individuals who are involuntarily committed to a Secure Behavioral Health Residential Facility (SBERF) be housed in separate facilities depending on whether they are placed through the civil or criminal legal processes.
“This new law will ensure that individuals who need intensive mental health care are placed in facilities equipped to address their needs,” said Angius in a statement. “Arizonans deserve to live in an environment where their safety is not compromised, including those citizens who are severely mentally ill.”
Under current Arizona law, individuals can be involuntarily committed to a secure facility under two separate legal frameworks Title 13 (Criminal): For individuals deemed incompetent to stand trial and dangerous; and Title 36 (Civil): For individuals committed due to severe mental illness, but not necessarily criminally charged.
Previously, both populations could end up housed in the same facility, raising concerns from mental health professionals and law enforcement alike over safety, treatment appropriateness, and Medicaid reimbursement eligibility — particularly for civil commitment cases.
SB 1604 seeks to ensure that those committed through the criminal justice system are not housed with those committed for civil mental health reasons. Mental health advocates say the change is critical for improving treatment outcomes and protecting the safety of both patients and staff.
The new law is also intended to address a growing shortage of secure residential treatment beds for individuals with complex psychiatric needs. Without proper placement, law enforcement and medical providers have often been forced to rely on emergency rooms, jails, or inadequate short-term care facilities.
While SB 1604 provides a new legal framework for separating these populations, implementation depends heavily on the construction and funding of additional SBERFs. Senator Angius noted that a companion funding proposal, SB 1442 from Senator Carine Werner, is currently being considered as part of broader state budget negotiations.
“We’ve laid the legal foundation, but the missing piece to the equation is funding,” Angius said. “I’m hopeful this request will be included in the state budget.”
The bill passed with bipartisan support in both chambers, underscoring a shared concern across party lines over the state’s capacity to handle individuals with severe mental health needs who also pose a risk to public safety.
SB 1604 is scheduled to take effect 90 days after the Legislature adjourns, marking a step toward reform but also placing pressure on the state to fund and build the facilities needed to carry out the law’s requirements.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
