STATE OF ARIZONA PSYCHIATRIC SECURITY REVIEW BOARD MINUTES OF GENERAL SESSION August 28, 2015

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STATE OF ARIZONA

PSYCHIATRIC SECURITY REVIEW BOARD

MINUTES OF GENERAL SESSION

August 28, 2015

Arizona State Hospital – Forensic Wildflower Building 2500 East Van Buren Street, Phoenix, AZ 85008 Members Present:

Carol Olson, MD, Chair Susan Stevens, ESQ Paul O’Connell

Julio Ramirez, PhD, Vice-Chair

Members Absent (Excused): None

Assistant Attorneys General Present:

Jeanne Galvin, Esq. for the Psychiatric Security Review Board Lou Caputo, Esq. for the Arizona State Hospital

Staff Present:

Denise Dumond, Executive Director

Visitors Present:

Juli Warzynski, Maricopa County Attorney John Blischak, Attorney

Margaret Fulkin Richard Horn

Robert Trebilcock, Attorney

Tammy Wray, Maricopa County Attorney Stevie Willis, POCN

Joe Sinkovich

Tammy Velting, Public Defender’s Office John Toma, PhD

David Galaviz, Hope Lives Manuel Gray, POCN John Strickler, MMIC Alisa Randall, MMIC Linda Laird, PhD Lindsey Arendt, ASH

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Joanna Lensch, ASH Sydney Williams, ASH Alexandria Martinez, ASH Tracey, ASH

Michelle Shea, ASH Dusti Grove, ASH

Shannon Blacknam, POCN Sarah Wetter, AZAG Tiffany Settles, AZAG

I. CALL TO ORDER

Dr. Olson called the meeting to order at 1:10 PM, read the Executive Session Confidentiality Statement, and swore in the individuals who would be testifying during the meeting.

II. STATUTORY HEARINGS

1.

RICHARD VALENCIA – PSRB CASE NO. 12-04

Findings: Mr. Valencia was present with his attorney, Mr. Robert Trebilcock. The hearing was held from 1:12 PM to 1:15 PM. Present at the hearing were Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

This statutory hearing was held pursuant to A.R.S. § 13994(H), to determine whether Mr. Valencia no longer suffers from a mental disease or defect, whether the mental disease or defect, if any, is in stable remission, whether Mr. Valencia no longer needs ongoing treatment for a mental disease or defect, and whether Mr. Valencia is not dangerous or has a propensity to reoffend.

Motion: Susan Stevens made a motion that the PSRB approve Mr. Valencia for Conditional Release to the Arizona State Hospital, Level 6, and adopt the Conditional Release Transitional Treatment Plan, based on the evidence presented by the Arizona State Hospital’s Treatment Team, that Mr. Valencia’s mental disease or defect is in stable remission and he is not dangerous if he remains a resident of the Arizona State Hospital and is compliant with the terms of his conditional release and the transitional treatment plan presented today. The motion was seconded by Paul O’Connell and passed unanimously.

2.

EMMANUEL WAYNE HARRIS – PSRB CASE NO. 05-07

PSRB General Session, August 28, 2015 Page 2 of 11

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Findings: Mr. Harris’ attorney, Mr. Robert Trebilcock, was present and waived his client’s appearance. The hearing was held from 1:15 PM to 1:17 PM. Present at the hearing were

Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

This statutory hearing was held pursuant to A.R.S. § 13994(H), to determine whether Mr. Harris no longer suffers from a mental disease or defect, whether the mental disease or defect, if any, is in stable remission, whether Mr. Harris no longer needs ongoing treatment for a mental disease or defect, and whether Mr. Harris is not dangerous or has a propensity to reoffend.

Mr. Trebilcock requested a one-month continuance; ASH had no objection.

Motion: A motion was made by Dr. Olson that the PSRB continue the hearing one month to September 25, 2015. The motion was seconded by Susan Stevens and passed unanimously.

3.

FARAZ AHMAD – PSRB CASE NO. 00-11

Findings: Mr. Ahmad was present with his attorney, Mr. John Blischak. The hearing was held from 1:17 PM to 1:25 PM. Present at the hearing were Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

This statutory hearing was held pursuant to A.R.S. § 13994(H), to determine whether Mr. Ahmad no longer suffers from a mental disease or defect, whether the mental disease or defect, if any, is in stable remission, whether Mr. Ahmad no longer needs ongoing treatment for a mental disease or defect, and whether Mr. Ahmad is not dangerous or has a propensity to reoffend.

ASH had no request. There was discussion regarding whether Mr. Ahmad had ever been approved for Conditional Release to ASH for levels. Dr. Dingle reported he found a report from ASH to the PSRB dated September 8, 2009, that Mr. Ahmad’s Conditional Release Phase 1 plan was put on hold due to clinical instability, his plan would remain on hold until he stabilizes, and if he should become clinically stable, he would be presented to Special Class Committee for resumption of CR plan. The PSRB also entered an Order that Mr. Ahmad will remain at the Arizona State Hospital and the PSRB will review any further requests for conditional release as permitted by law. ASH’s position is that the hospital would not resume any levels of conditional release unless presented to the PSRB.

Motion: A motion was made by Susan Stevens to deny conditional release for Mr. Ahmad based upon evidence presented by the Arizona State Hospital’s Treatment Team, that Mr. Ahmad did not prove by clear and convincing evidence that he no longer suffers from a mental disease or defect and he is no longer dangerous. Mr. Ahmad shall remain committed at the Arizona State Hospital. The motion was seconded by Paul O’Connell and passed unanimously.

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4.

ANDREW MICHAEL WHITE – PSRB CASE NO. 05-21

Findings: Mr. White was present, and his attorney, Ms. Stefanie Jones-Campbell, was present telephonically. The hearing was held from 1:33 PM to 1:44 PM. Present at the hearing were Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

This statutory hearing was held pursuant to A.R.S. § 13994(J), to determine whether the PSRB’s jurisdiction over Mr. White shall expire without further action or whether it shall order the Maricopa County Attorney to initiate Civil Commitment proceedings pursuant to Title 36 of the Arizona State Revised Statutes.

ASH recommends release to a group home placement as he is free from mental health symptoms.

Motion: Dr. Olson made a motion to order a referral to the county attorney’s office in Mr. White’s county of residence (Maricopa County) for civil commitment proceedings. The motion was seconded by Susan Stevens and passed unanimously.

5.

WALTER GRAY McCARTHY – PSRB CASE NO. 10-13

Findings: Mr. McCarthy was present with his attorney, Mr. Trent Buckallew. The hearing was held from 1:44 PM to 1:50 PM. Present at the hearing were Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

Mr. Buckallew submitted a Motion to Add to Calendar on August 25, 2015. ASH requests Conditional Release to ASH, Levels 1-3.

Dr. Olson commented on the last-minute filing, and noted the victim was notified of the hearing; however, the last-minute filing did not allow sufficient time for the victim to prepare to speak if she chose to do so. The victim was in attendance and declined to speak.

The Maricopa County Attorney provided testimony and stated the county attorney’s office would be seeking an independent evaluation of the patient with a determination whether or not he has an Axis I diagnosis, is a danger to the community, and a potential request to transfer the patient to DOC. The Maricopa County Attorney’s office requests an independent evaluation and complete hearing on this matter.

Mr. Buckallew stated he did not understand why Mr. McCarthy’s case was not placed on the calendar ahead of time. The PSRB report is dated August 10, 2015. Ms. Dumond stated she

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received an email from ASH’s internal legal department with instructions to pull Mr. McCarthy’s case off the August 28, 2015, Agenda.

Motion: Dr. Olson made a motion to continue the matter for 60 days (October hearing) to allow the County Attorney’s Office to seek an independent evaluation. The motion was seconded by Paul O’Connell and passed unanimously. Ms. Warzynski will send a protective order to Ms. Dumond. Dr. Olson requested the board receive the results of the independent evaluation at least 72 hours prior to the October hearing.

6.

REUBEN MURRAY – PSRB CASE NO. 06-21

Findings: Mr. Murray was present with his attorney, Ms. Tammy Wray. The hearing was held from 1:50 PM to 2:50 PM. Present at the hearing were Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

This statutory hearing was held pursuant to A.R.S. § 13-994(H), to determine whether Mr. Murray no longer suffers from a mental disease or defect, whether the mental disease or defect, if any, is in stable remission, whether Mr. Murray no longer needs ongoing treatment for a mental disease or defect, and whether Mr. Murray is not dangerous or has a propensity to reoffend.

ASH requests Conditional Release to the Community. Regarding the independent evaluation performed by Dr. Seward, there was discussion regarding Dr. Seward not being opposed to conditional release to the community, he did report a moderate risk to re-offend. Ms. Warzynski expressed concern that it was reported the patient is not forthcoming during testing, even on minor issues. If the patient is left to report on his own while out in the community, he may fail to follow-through, especially if he begins using drugs again. Ms. Warzynski requests monthly drug testing, continued counseling and monitoring if released to the community. Dr. Olson inquired of ASH what type of setting was being proposed as his living situation. He is being recommended to transfer to a group home, and he would not be wearing a GPS monitor.

Mr. David Galaviz, from Hope Lives, provided testimony on behalf of Mr. Murray.

Motion: Dr. Olson made a motion to recess into Executive Session to hear testimony from Drs. Toma and Laird, and discuss clinical matters. The motion was seconded by Susan Stevens and passed unanimously. The Board recessed into Executive Session from 2:05 PM to 2:45 PM.

The Board returned to General Session at 2:45 PM.

Motion: Dr. Olson made a motion to grant the Arizona State Hospital’s request for Conditional Release to the Community and adopt the Conditional Release Treatment Plan; based on the evidence presented by the Arizona State Hospital’s Treatment Team that Mr. Murray’s mental disease or defect is in stable remission and he is not dangerous if he resides in the residential

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setting specified in the conditional release treatment plan and remains compliant with the terms of his conditional release and the conditional release treatment plan presented today. The motion was seconded by Dr. Ramirez and passed. Paul O’Connell voted nay.

7.

ANTHONY WATSULA – PSRB CASE NO. 09-13

Findings: Mr. Watsula was present with his attorney, Ms. Tammy Wray. The hearing was held from 2:50 PM to 3:00 PM. Present at the hearing were Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

This statutory hearing was held pursuant to A.R.S. § 13-994(H), to determine whether Mr.

Watsula no longer suffers from a mental disease or defect, whether the mental disease or defect, if any, is in stable remission, whether Mr. Watsula no longer needs ongoing treatment for a mental disease or defect, and whether Mr. Watsula is not dangerous or has a propensity to reoffend.

ASH is requesting Conditional Release to the Community. Catherine Samson, victim, provided testimony on behalf of herself and other family members.

Motion: Paul O’Connell made a motion that the PSRB approve Mr. Anthony Watsula for

conditional release to the community, and adopt the Conditional Release Treatment Plan, based on the evidence presented by the Arizona State Hospital’s Treatment Team that Mr. Watsula’s mental disease or defect is in stable remission and he is not dangerous if he resides in the

dwelling specified in the conditional release treatment plan and remains compliant with the terms of his conditional release and the conditional release treatment plan presented today. The motion was seconded by Dr. Ramirez and passed unanimously.

8.

SUSANNAH HOLM – PSRB CASE NO. 14-01

Findings: Ms. Holm was present, and her attorney, Ms. Carlene Lacy was present by telephone. The hearing was held from 3:00 PM to 3:15 PM. Present at the hearing were Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

This statutory hearing was held pursuant to A.R.S. § 13994(H), to determine whether Ms. Holm no longer suffers from a mental disease or defect, whether the mental disease or defect, if any, is in stable remission, whether Ms. Holm no longer needs ongoing treatment for a mental disease or defect, and whether Ms. Holm is not dangerous or has a propensity to reoffend.

ASH requested Conditional Release to ASH, Levels 1-3. Ms. Lacy stated Ms. Holm would like to be unconditionally released to the community, or in the alternative, conditional release to the

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community encompassing health care services in northern Arizona where she had been treated previously.

Motion: Dr. Olson made a motion to recess into Executive Session to discuss clinical matters. The motion was seconded by Susan Stevens and passed unanimously. The Board recessed into Executive Session from 3:04 PM to 3:10 PM.

Motion: Dr. Ramirez made a motion that the PSRB approve Ms. Holm for Conditional Release to the Arizona State Hospital, Levels 1-3, and adopt the Conditional Release Transitional Treatment Plan, based on the evidence presented by the Arizona State Hospital’s Treatment Team, that Ms. Holm’s mental disease or defect is in stable remission and she is not dangerous if she remains a resident of the Arizona State Hospital and is compliant with the terms of her conditional release and the transitional treatment plan presented today. The motion was seconded by Susan Stevens and passed unanimously.

9.

ROBERT SANCHEZ – PSRB CASE NO. 11-10

Findings: Mr. Sanchez was present, and his attorney, Mr. Michael Politi, and Mr. William Katz, Deputy County Attorney, were present by telephone. The hearing was held from 3:15 PM to 3:30 PM. Present at the hearing were Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

This statutory hearing was held pursuant to A.R.S. § 13-994(H), to determine whether Mr.

Sanchez no longer suffers from a mental disease or defect, whether the mental disease or defect, if any, is in stable remission, whether Mr. Sanchez no longer needs ongoing treatment for a mental disease or defect, and whether Mr. Sanchez is not dangerous or has a propensity to reoffend.

ASH requested Conditional Release to ASH, Levels 1-3.

Motion: Dr. Olson made a motion to recess into Executive Session to discuss clinical matters. The motion was seconded by Susan Stevens and passed unanimously. The Board recessed into Executive Session from 3:18 PM to 3:25 PM.

Motion: Dr. Ramirez made a motion that the PSRB approve Mr. Sanchez for Conditional Release to the Arizona State Hospital, Levels 1-3, and adopt the Conditional Release Transitional

Treatment Plan, based on the evidence presented by the Arizona State Hospital’s Treatment Team, that Mr. Sanchez’s mental disease or defect is in stable remission and he is not dangerous if

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he remains a resident of the Arizona State Hospital and is compliant with the terms of his conditional release and the transitional treatment plan presented today. The motion was seconded by Paul O’Connell and passed unanimously.

10.

GRACIE MOSES VERDUZCO – PSRB CASE NO. 01-13

Findings: Ms. Verduzco was present with her attorney, Ms. Nora Greer. The hearing was held from 3:30 PM to 3:35 PM. Present at the hearing were Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

This statutory hearing was held pursuant to A.R.S. § 13994(H), to determine whether Ms. Verduzco no longer suffers from a mental disease or defect, whether the mental disease or defect, if any, is in stable remission, whether Ms. Verduzco no longer needs ongoing treatment for a mental disease or defect, and whether Ms. Verduzco is not dangerous or has a propensity to reoffend.

ASH had no request. Ms. Greer reported there has been a status change since the initial hearing in June that was continued. Ms. Greer stated Ms. Verduzco is now under court ordered

treatment, and the patient feels the multiple changes in doctors over the past year has affected her treatment and she is not happy with her present medication. Ms. Greer also stated Ms. Verduzco requests conditional release.

Motion: A motion was made by Paul O’Connell to deny conditional release for Ms. Verduzco based upon evidence presented by the Arizona State Hospital’s Treatment Team, that Ms.

Verduzco did not prove by clear and convincing evidence that she no longer suffers from a mental disease or defect and she is no longer dangerous. Ms. Verduzco shall remain committed at the Arizona State Hospital. The motion was seconded by Susan Stevens and passed unanimously.

III. NEW BUSINESS

BARBARA DOWNEY (LEBOURDIS) – PSRB CASE NO. 99-17

Findings: Ms. Stefanie Jones-Campell, Ms. Downey’s attorney, was present telephonically and waived her client’s appearance. The hearing was held from 3:35 PM to 3:45 PM. Present at the hearing were Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

This hearing was held at the request and filing of Ms. Stefanie Jones-Campbell’s Motion to Clarify dated May 19, 2015, and Supplement to Motion dated June 4, 2015.

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There was one remaining item to be discussed relating to the motions and that was the two random urine drug screens per year.

ASH stated they would assume the responsibility of performing the two random urine drug screens per year.

Motion: Dr. Olson made a motion that the current Conditional Release plan be revised to specifically indicate that ASH will be conducting two random urine drug screens per year. The motion was seconded by Dr. Ramirez and passed unanimously.

JAMARALL JORDAN – PSRB CASE NO. 04-01

Findings: Mr. Jordan’s attorney, Mr. John Blischak, was present and waived his client’s appearance. The hearing was held from 1:25 PM to 1:33 PM. Present at the hearing were

Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

Mr. Blischak submitted a Notice of Address Change and request to travel on July 23, 2015. Stevie Willis, Mr. Jordan’s case manager from POCN, provided testimony that the outpatient team was aware Mr. Jordan bought a house and moved. Mr. Willis confirmed the travel did not take place.

Motion: Dr. Olson made a motion to approve the change in address. The motion was seconded by Susan Stevens and passed unanimously.

Dr. Olson made a motion to deny the request to travel to Las Vegas. The motion was seconded by Susan Stevens and passed unanimously.

Dr. Olson requested of Mr. Blischak and case manager, Stevie Willis, they reinforce with Mr. Jordan he is not to change his residence, travel, or make changes in his conditional release plan without the approval of the board.

Mr. Jordan made an appearance after the above matters were discussed. Dr. Olson inquired of Mr. Jordan why he would like to travel to Las Vegas. Mr. Jordan stated that he had never visited Las Vegas and he and his wife thought it would be nice to go. Dr. Olson also inquired about the change in residence. Mr. Jordan stated he bought a house; otherwise, he would have been homeless. He also stated his treatment team knew about the change in residence for months. Dr. Olson reminded Mr. Jordan that it is his responsibility to abide by the terms of his conditional release and inform/request of the board any requests to change residences. Dr. Olson also informed Mr. Jordan the board voted down the trip to Las Vegas. The reason the board voted down the trip was because the board did not think a trip to Las Vegas because he has never been there was a good enough reason to travel out of state.

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JOSEPH SINKOVICH – PSRB CASE NO. 98-09

Findings: Mr. Sinkovich was present with his attorney, Ms. Tammy Wray. The hearing was held from 3:45 PM to 3:50 PM. Present at the hearing were Assistant Attorneys General Ms. Galvin and Mr. Caputo. The digital recording serves as the official document until the PSRB approves the minutes.

Ms. Tammy Wray, on behalf of Mr. Sinkovich, filed a Motion for Out of State Travel pass to visit his parents in Ohio from September 22, 2015, and returning on October 6, 2015. In addition, Ms. Wray requested a renewal of the extended travel request that was approved in 2013. The pass would include up to a 60-day request to travel within the next 12 months, with the approval of each trip to be made by his treating physician, Dr. Esteves.

Motion: Susan Stevens made a motion to approve the out of state travel pass to visit his parents in Ohio from September 22, 2015, and returning on October 6, 2015.

Regarding the 60-day travel request within a 12-month period, the board would like to have Dr. Esteves’ opinion on this matter and encouraged Mr. Sinkovich to discuss this with Dr. Esteves.

IV. OTHER BUSINESS

• Modifications to monthly packets - Ms. Dumond will work with Ms. Galvin in an effort to make the distribution of monthly packets more efficient.

• Dissolution of POCN – Dr. Olson reported another agency will be assuming the responsibility of patients under PSRB jurisdiction, and each patient’s Conditional Release Plan will need to be revised to reflect the proper name of the agency.

Motion: Dr. Olson made a motion to allow the Executive Director to revise the Conditional Release Plans to specify the Maricopa County Regional Behavioral Health Authority (RBHA) as opposed to the specific community mental health agency contracting with the RBHA.

V. SUMMARY OF CURRENT EVENTS

None

VI. APPROVAL OF MINUTES

There were no minutes to approve.

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VII. ADJOURNMENT

There being no further business, the meeting was adjourned at 3:45 PM.

Respectfully submitted by, Prepared by,

Carol Olson, M.D., Chairperson Denise Dumond, Executive Director