HB 2307 would let 'Ash' accept certain defendants when state beds are full and creates study committee on secure mental health facilities
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Summary
Sponsor Magali said HB 2307 (as amended in the Senate) allows, until 12/31/2031, defendants determined dangerous and incompetent to be placed at 'Ash' for care when no state beds exist, establishes a legislative study committee to recommend funding and reports, and includes an emergency clause requiring 40 votes; members asked about retroactivity and fiscal notes.
During caucus review, sponsor Magali described House Bill 2307 as a measure addressing defendants found both dangerous and incompetent and how the state handles placement when secure state mental health facility beds are unavailable.
Magali said the bill, as amended in the Senate, stipulates that through 12/31/2031, if a defendant has been determined to be dangerous and incompetent and is involuntarily committed to a secure state mental health facility but no beds are available, an entity referred to in the transcript as "Ash" may accept that defendant to its forensic campus for care and treatment if certain stipulations are met.
The bill also establishes a legislative study committee on secure state mental health facilities. Magali said the study committee must produce a report with specified contents and recommend sustainable long-term funding sources, including an analysis of the feasibility of federal Medicaid reimbursement models. Portions of the bill (points 1 through 10 as amended) are retroactive to and after 12/31/2023. Magali noted the bill contains an emergency clause and said that will require 40 votes.
Ranking Member Contreras asked why the provision was backdated three years; Magali replied that she believed the backdating corresponded to the timeframe for a specific individual case (she referenced an individual alleged to have murdered a stepfather) and offered to verify. Contreras also asked whether bill positions had been updated; Magali said some positions have shifted to neutral and she would follow up to confirm.
A caucus member raised a concern about compliance with a court decision referenced in the transcript as "Arnold v. Sarn" (verbatim as spoken), and members discussed that point. The chair asked about an appropriation; Magali said there is no appropriation as written but there is a fiscal note and she will email it out. An attendee (not named in the transcript) stated the governor's office intends to sign the bill.
The caucus did not take a formal vote in this session; the discussion recorded here is informational and procedural ahead of further legislative steps.
