Arizona’s Bold New Legislation Targets Danger: Protecting Communities from the Severely Mentally Ill

By Jonathan Eberle |

This week, Arizona enacted a pivotal bipartisan bill designed to reform the state’s mental health and public safety systems. The legislation aims to prevent the premature release of individuals who are considered both severely mentally ill and dangerous.

Senate Bill 1604, introduced by Republican Senator Hildy Angius (R-LD30), mandates separate housing for individuals involuntarily committed to Secure Behavioral Health Residential Facilities (SBERF), distinguishing between those committed through civil versus 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,” Angius stated. “Arizonans deserve to live in an environment where their safety is not compromised.”

Currently, Arizona law allows for the involuntary commitment of individuals under two legal frameworks: Title 13 (Criminal) for those deemed incompetent to stand trial and dangerous, and Title 36 (Civil) for those with severe mental illness without criminal charges.

Previously, individuals from both categories could end up in the same facility, sparking safety concerns among mental health professionals and law enforcement regarding treatment appropriateness and Medicaid reimbursement—especially in civil cases.

SB 1604 addresses these issues by ensuring that those legal violators are not housed with individuals committed for mental health reasons. Advocates argue this change is vital for improving outcomes and safeguarding both patients and staff.

The legislation also seeks to tackle a rising shortage of secure residential treatment options for individuals with complex psychiatric needs. Often, law enforcement and medical providers have resorted to emergency rooms or jails due to insufficient resources.

While the new law lays a framework for separating these populations, its success hinges on the construction and funding of additional SBERFs. Senator Angius highlighted a complementary funding proposal, SB 1442 from Senator Carine Werner, currently under discussion in broader state budget negotiations.

“We’ve laid the legal foundation, but the missing piece to the equation is funding,” Angius remarked, expressing hope that this request will secure budget inclusion.

With bipartisan support in both legislative chambers, SB 1604 reflects a collective concern about the state’s capacity to address the complexities of individuals needing mental health care who also pose public safety risks.

The bill is set to go into effect 90 days after the Legislature adjourns, initiating a crucial reform while placing pressure on the state to provide the necessary funding and facilities to fulfill its requirements.

Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.