36-206. Duties of superintendent; deputy
director; clinical assessment


A. The deputy director has charge of the state hospital and the superintendent
shall supervise and direct its activities, subject to the provisions of law and approval
of the deputy director. The superintendent is directly responsible to the deputy
director for carrying out the purposes for which the hospital is maintained. Subject to
the approval of the deputy director, the superintendent may deputize any qualified
officer of the state hospital to do or perform any act the superintendent is empowered to
do or charged with the responsibility of doing by law.


B. The deputy director in December each year shall estimate the probable daily per
capita cost of treatment and maintenance of each category of patients for the next
ensuing year as determined in accordance with standard accounting practices. A statement
of the estimate shall be provided to the director in January of the following year.


C. The superintendent, on request, shall provide to the deputy director a clinical
assessment of the state hospital's programs.


D. On or before August 1 of each year, the deputy director shall establish maximum
funded capacity and a percentage allocation formula for forensic and civil bed capacity
at the Arizona state hospital based on census data collected pursuant to sections
13-3994, 13-4512, 36-202.01 and 36-503.03. By June 1 of each year, the deputy director
shall solicit and consider the recommendations of representatives of the county board of
supervisors, the Arizona prosecuting attorneys' advisory council and the superior court
when establishing this formula. In addition to establishing the formula, the deputy
director, the county board of supervisors, the Arizona prosecuting attorneys' advisory
council and the superior court shall develop a contingency plan for the placement of
patients subject to sections 13-3994, 13-4512, 36-202.01 and 36-503.03 in times of
emergency and other unforeseen circumstances. The deputy director shall notify the
governor, the president of the senate, the speaker of the house of representatives and
the chairman of each county board of supervisors of the funded capacity and allocation
formula for the current fiscal year. Thirty days before the notification of the forensic
and civil bed funded capacity formula, the deputy director shall provide this information
to the representatives of the county board of supervisors, the Arizona prosecuting
attorneys' advisory council and the superior court for comment. The deputy director shall
include these comments when issuing the formula.