GILBERT, Ariz. — Arizona's controversial Psychiatric Security Review Board doesn't have enough people to function, as of February.
A notice posted on the board's website details that the February 18 PSRB meeting was canceled because it didn't have a quorum. That means the board does not have enough people to make decisions.
The 12 News I-Team started taking a closer look at the PSRB after Gilbert Police arrested Christopher Lambeth for murder back in April 2021. Lambeth, who is now in MCSO custody, is accused of killing another resident at the group home.
Records show Lambeth had been living at the group home for at least three years despite a double murder conviction for killing his grandparents more than a decade ago.
Lambeth pleaded “guilty except insane” to those 2005 murders and was sentenced to 25 to life at Arizona’s State Hospital, designed to treat people with mental illnesses. With that plea, he was placed under the purview of the PSRB.
Records show the PSRB released Lambeth from the state hospital to live in the community at the end of 2016, about nine years into his sentence.
The PSRB declined to comment on the Christopher Lambeth case.
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What is the PSRB?
The PSRB was established in 1993 to have jurisdiction over violent offenders who pleaded "guilty except insane," also known as GEI.
This PSRB system is actually pretty rare, with only 3 states in the nation using these boards: Oregon, Connecticut and Arizona.
In Arizona, it’s a very small part of the criminal justice system. The latest available data from 2020 shows there are 113 "Guilty Except Insane" people under the PSRB’s jurisdiction.
The PSRB hears cases for all the people under its purview and decides whether that person should receive privileges on the hospital grounds or eventually be released back into the community.
The board initially had five members. Three were mental health professionals, one worked in probation and parole and the other was a community member. These people are all appointed by the Governor of Arizona.
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No quorum
A spokesperson for ADHS said a new law removed the community Board member, requiring only four people to make Board decisions. So long as three were in attendance, the Board would have a quorum.
Two weeks ago, a Board member resigned after accepting an out-of-state job, according to ADHS. Another Board member resigned two months ago due to personal and professional reasons.
The PSRB's Executive Director, who does not count toward the Board's quorum, sent the following statement to 12 News:
The Board currently is actively looking to fill the vacant seats and is moving forward in scheduling meetings for next month. The board’s role is to oversee individuals found guilty of crimes but are determined to be insane and need to be under the supervision of the Arizona Department of Health Services. These patients have committed a violent crime, with murder being the most common charge. The individuals committed to a state mental facility will be released at the end of their sentence, protecting the safety and security of Arizonans while ensuring those in the facility are getting the help they need in the time frame given to them.
An ADHS spokesperson said the goal is to have quorum for next month's scheduled PSRB meeting. It would be up to the Governor's Office to appoint at least one more member for the Board's vacancies.
Future of the PSRB
In the wake of the Christopher Lambeth case, Governor Ducey signed SB1839 into law in June 2021, which will eventually dissolve the PSRB.
The law would shift power from the state's Psychiatric Security Review Board, or PSRB, to the state's superior courts.
According to the new law, the Board will dissolve in July 2023. In the meantime, lawmakers scaled back the Boards’ duties and set up new rules for monitoring people that could pose a threat to the public.
Some of those rules would have gone into effect in 2022, but it's not clear if that was a factor in any of the Board's resignations.
In 2018, an audit of the Board raised questions about some of its decision-making.
"I think the Board members do good work, make reasoned decisions, and are very careful to make sure the public is kept safe and protected," said Dr. James Clark, the Board's Chairman, speaking to the Senate's Health and Human Services Committee in November 2019.
In that meeting, the Board was hearing testimony regarding the 2018 Audit of the PSRB, which found, in part, the Board was making decisions with inconsistent data, like mental health reports lacking "sufficient detail." The report went on to say "The lack of sufficient information jeopardizes the Board’s ability to make timely and consistent decisions regarding GEI persons."
The PSRB acknowledged all audit findings and planned to implement any recommendations. At the time, the Committee approved the Board for eight more years, but the law that passed in June 2021 gets rid of the Board altogether.
The law will put all decisions about releasing people from Arizona State Hospital in the hands of court by 2023, among other duties.
In the meantime, the law calls for Dr. Clark’s position to be replaced by a former judge, while all other board members are mandated to go through training through the state.
The court will also have the authority to order mental health reports for people who have been released and can send people back to a secure mental health facility if they pose a risk to themselves or others.
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