Arizona State Hospital

Arizona Community Protection and Treatment Center (ACPTC)

Legal Status

Pre-Trial Detainee Residents

Pre-trial residents are awaiting a court decision to determine their SVP status. Upon release from prison or release from the state hospital, a person is evaluated and referred to the ACPTC if the judge determines that probable cause exists to believe they may be a sexually violent person. To be determined to be an SVP, both of the following must be met:

  • The person must have been convicted of or found guilty except insane of a sexually violent offense, or have been charged with a sexually violent offense and was determined incompetent to stand trial; and
  • Have a mental disorder that makes the person likely to engage in acts of sexual violence. A "Mental disorder" means a paraphilia, personality disorder or conduct disorder or any combination of paraphilia, personality disorder and conduct disorder, that predisposes a person to commit sexual acts to such a degree as to render the person a danger to the health and safety of others.

Treatment Resident (Full Confinement)

These residents have been adjudicated as SVP pursuant to A.R.S. §36-3701-3717 and have been committed to treatment. Full confinement residents can only leave the grounds for court-ordered legal proceedings and medical appointments during this phase of treatment.

Less Restrictive Alternative (‘LRA’)

"Less restrictive alternative" means court ordered treatment in a setting that is less restrictive than total confinement and that is conducted in a setting approved by the Superintendent of the state hospital. LRA residents are conditionally released to begin community reintegration activities. The Treatment Team makes recommendations to the Director and the Superintendent who must give prior approval for any resident to participate in community activities. At any given time approximately 75% of the residents are in the LRA program.

Global Positioning System (‘GPS’) satellite is used 24 hours a day, 7 days a week to monitor LRA residents. Via GPS, as well as overt and covert surveillance, residents are monitored at any time they are outside the secure facility perimeter. This includes court appearances, medical appointments as well as when they engage in community reintegration programming (including comprehensive case management, employment, educational and other therapeutic activities).

Community supervision includes GPS monitoring and physical supervision by program staff and is a significant component of the LRA program. All employment, educational, therapeutic and housing approvals require an environmental assessment and review. Residents are required to make a self-disclosure to the receiving institution, which is verified by a member of the surveillance team.

Once LRA status is ordered, a resident may begin community reintegration activities, depending upon the level approved by the Hospital Superintendent. Some residents may begin receiving behavioral health services from approved community providers, including the Regional Behavioral Health Authority (‘RBHA’) if the person is seriously mentally ill. Residents may also be determined, via a treatment team decision, to receive the following services from an outside source: vocational rehabilitation, substance abuse and/or other community based treatment required by another supervisory agency, such as probation.

LRA Level 6 Resident

A LRA Level 6 resident has been determined by the court as being suitable for community living placement. Only the court can order a resident in Level 6 status, upon the recommendation of the Hospital Superintendent. Once the court orders a resident into Community Based Living (LRA Level 6), the resident is expected to find suitable housing and employment and begin community reintegration under strict supervision by ACPTC. If a resident is unable to find suitable housing or a suitable job, or if something occurs that makes current housing unsuitable, or if the resident loses his job or funding, the resident will return to ACPTC. While living in the community, residents will return to ACPTC for treatment and continue to be monitored via GPS and the surveillance team. If a resident violated the court ordered terms and conditions of LRA, ACPTC will seek revocation of the LRA Level 6 status in order to protect the community, as necessary.