Bill Text: AZ HB2133 | 2017 | Fifty-third Legislature 1st Regular | Engrossed
Bill Title: Correctional facilities; community notification
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2017-05-19 - Chapter 314 [HB2133 Detail]
Download: Arizona-2017-HB2133-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HOUSE BILL 2133 |
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AN ACT
amending section 41‑1604.12, Arizona Revised Statutes; amending Title 41, chapter 11, article 1, Arizona Revised Statutes, by adding section 41‑1604.19; amending sections 41‑1609.02 and 41‑1613, Arizona Revised Statutes; relating to the state department of corrections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1604.12, Arizona Revised Statutes, is amended to read:
41-1604.12. Community correctional centers; powers and duties; allocation of compensation; absence without leave; classification; notice; applicability
A. The director may:
1. Establish and operate facilities to be known as community correctional centers.
2. Transfer inmates whose terms of imprisonment have been fixed from the state prisons and facilities of the department to community correctional centers and place parolees in the centers.
B. The director shall make rules for the government of the community correctional centers in the management of their affairs. The provisions of Sections 31‑254 and 41‑1624.01 do not apply to compensation received by inmates or parolees assigned to community correctional centers. The department is authorized to charge and collect one‑third of any compensation received by an inmate or parolee living at the center for room and board. The department is further authorized to collect and forward to the court or other person authorized to receive court‑ordered restitution an amount not to exceed one‑third of the compensation received by an inmate or parolee assigned to the center. Other than for room and board or court‑ordered restitution, compensation of the inmate or parolee received by the department while the inmate or parolee is assigned to the center shall be credited to the inmate's or parolee's account.
C. The purpose of community correctional centers is to provide housing, supervision, counseling and other correctional programs for persons committed to the department.
D. Absence without leave from a community correctional center or intentional failure of an inmate to return from a furlough, work furlough or temporary leave granted under the provision of this section is a class 5 felony.
E. Prior to Before incurring any obligation for the establishment or any change of use of a community correctional center, the department shall give at least sixty days' written notice to the governing body of the county for an unincorporated area, city or town and school district affected. Notice pursuant to section 41-1604.19. The county, city or town and school district may contest establishment of a community correctional center by written objection filed with the department within thirty days after receiving notice, and may request a hearing to be conducted by the department pursuant to chapter 6, article 6 of this title.
F. This section applies only to persons who commit felony offenses before January 1, 1994.
Sec. 2. Title 41, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 41-1604.19, to read:
41-1604.19. Correctional facilities; notice; exception; definitions
A. Before incurring any obligation for the establishment of any correctional facility or any change of use of a correctional facility, the department shall give at least forty-five days' written notice to all of the following:
1. Each real property owner, as shown on the last assessment of the property, within a two-mile radius of the proposed site or of the site for which the change of use is proposed. The two-mile radius excludes any natural or man-made feature that prevents parcels of land from being practically and reasonably united.
2. The president of the senate.
3. The speaker of the house of representatives.
4. The senate minority leader and the house of representatives minority leader.
5. The state senator and the state representatives whose legislative district includes the proposed site or the site for which the change of use is proposed.
6. Each state senator and state representative whose legislative district is located within five miles of the proposed site or of the site for which the change of use is proposed.
7. Each member of the county board of supervisors if the proposed site or the site for which the change of use is proposed is in an unincorporated area or each member of the governing body of the city or town in which the proposed site or the site for which the change of use is proposed is located.
8. Each member of the governing board of the local school district in which the proposed site or the site for which the change of use is proposed is located.
9. The superintendent of the local school district in which the proposed site or the site for which the change of use is proposed is located.
10. Each member of the governing board of any charter school that is located within a five-mile radius of the proposed site or the site for which the change of use is proposed.
11. The operator of any child care facility that is located within a five-mile radius of the proposed site or the site for which the change of use is proposed.
B. On request of the state department of corrections, the department of education shall provide an accurate list of district schools and charter schools within the boundaries prescribed in subsection A, paragraphs 9 and 10 of this section.
C. On request of the state department of corrections, the department of health services shall provide an accurate list of child care facilities within the boundaries prescribed in subsection A, paragraph 11 of this section.
D. The notice required pursuant to subsection A of this section must include all of the following:
1. The number of prisoners or parolees to be housed at the correctional facility.
2. The security level of the prisoners to be housed at the correctional facility.
3. The date, time and location of the public hearing that is required by subsection F of this section.
4. The overall time frame during which the department will either approve or reject the establishment of any correctional facility or change of use of a correctional facility.
5. A statement that a report of the oral comments received at the hearing and the written comments received by the department will be available on the department's website.
E. The department shall post a sign that is at least four feet by eight feet in a conspicuous location on the proposed site or on the site for which the change of use is proposed for fifteen calendar days before the hearing that is required pursuant to subsection F of this section. The sign shall give notice of the date, time and location of the hearing.
F. The department shall hold a hearing in the county for an unincorporated area or in the city or town in which the potential site or the site for which the change of use for a correctional facility is proposed is located. The department shall publish a notice of the public hearing in a newspaper of general circulation in the area at least ten days before the hearing. The department shall receive oral comments at the hearing and written comments before the hearing. The department shall compile all of the written comments into a report and shall post the report with the minutes of the hearing on the department's website within five calendar days after the hearing. The department shall submit the report electronically to all of the entities listed in subsection A, paragraphs 2, 3, 4 and 5 of this section. At least fifteen days after the hearing and after the department has considered the public comments, the department shall make a final site determination for the correctional facility or a final determination on the change of use for the correctional facility.
G. This section does not apply to the reclassification of custody levels or designated use of an existing correctional facility or the housing assignments of inmates or offenders within a correctional facility.
H. For the purposes of this section:
1. "Change of use" means the introduction of any of the following:
(a) Adult offenders or inmates into a department of juvenile corrections facility.
(b) A new classification of offenders into a community correctional facility that had not previously provided services to that classification of offenders.
(c) adult inmates into any correctional facility that had previously been designated as a community correctional center.
2. "Correctional facility" means:
(a) An adult correctional facility.
(b) A juvenile correctional facility.
(c) A community correctional center.
(d) A private prison.
(e) Any facility dedicated to the confinement of persons committed to the department or the department of juvenile corrections.
(f) A juvenile secure care facility as described in section 41‑2816.
3. "Establishment" means the construction of a correctional facility or the introduction of inmates or offenders from another location into a newly established correctional facility where inmates or offenders were not previously located or housed.
Sec. 3. Section 41-1609.02, Arizona Revised Statutes, is amended to read:
41-1609.02. Establishment of private prison facilities; notice
A. Before expanding an existing minimum or medium security level prison or before establishing a new minimum or medium security level prison, the director shall give consideration to contracting for private prisons for the incarceration of:
1. Prisoners convicted of offenses pursuant to title 28, chapter 4, article 3.
2. Prisoners convicted of offenses pursuant to title 13, chapter 14.
3. Female prisoners.
4. Prisoners over the age of fifty‑five years.
5. Other inmate populations identified by the director.
B. Before entering into a contract with a private prison facility contractor for the incarceration of prisoners listed in subsection A of this section, the director shall determine that the contractor will provide at least the same quality of services as this state at a lower cost or that the contractor will provide services superior in quality to those provided by this state at essentially the same cost. In making this determination, the director shall consider the following:
1. Security.
2. Inmate management and control.
3. Inmate programs and services.
4. Facility safety and sanitation.
5. Administration.
6. Food service.
7. Personnel practices and training.
8. Inmate health services.
9. Inmate discipline.
C. The director shall identify from subsection A of this section, the appropriate inmate population for placement in privatized beds and the corresponding number of inmates. The director shall report the information to the governor, the legislature and the joint select committee on corrections by October 15 of every year for consideration in determining expansion of prison capacity.
D. The director may establish other private incarceration facilities that are dedicated to the confinement of persons who are sentenced to the department.
E. Before incurring any obligation for the establishment or any change of use of any private incarceration facility, the department shall give at least sixty days' written notice to all of the following:
1. The president of the senate.
2. The speaker of the house of representatives.
3. The senate minority leader and the house of representatives minority leader.
4. The state senator and the state representatives whose legislative district includes the proposed site.
5. Any state senator and state representatives whose legislative district is located within two miles of the proposed site.
6. Each member of the county board of supervisors if the proposed site is in an unincorporated area or each member of the governing body of the city or town in which the proposed site is located.
7. Each member of the governing board of the local school district in which the proposed site is located.
F. The department shall hold a hearing in the county for an unincorporated area or in the city or town in which the potential site is located. The department shall publish a notice of the public hearing in a newspaper of general circulation in the area at least ten days before the hearing. After the public hearing, the department shall make a final site determination for the private incarceration facility.
G. The final site determination of a private incarceration facility is subject to review by the joint select committee on corrections pursuant to section 41‑1610.04 notice pursuant to section 41‑1604.19.
Sec. 4. Section 41-1613, Arizona Revised Statutes, is amended to read:
41-1613. Community correctional centers; powers and duties; allocation of compensation; absence without leave; classification; notice
A. The director may:
1. Establish and operate facilities to be known as community correctional centers.
2. Transfer inmates whose terms of imprisonment have been fixed from the state prisons and facilities of the department to community correctional centers and place inmates placed on community supervision in such centers.
B. The director shall make rules for the government of the community correctional centers in the management of their affairs. The provisions of Sections 31‑254 and 41‑1624.01 do not apply to compensation received by inmates or inmates placed on community supervision assigned to community correctional centers. The department is authorized to charge and collect one‑third of any compensation received by an inmate or an inmate placed on community supervision living at the center for room and board. The department is further authorized to collect and forward to the court or other person authorized to receive court ordered restitution an amount not to exceed one‑third of the compensation received by an inmate or an inmate placed on community supervision assigned to the center. Other than for room and board or court ordered restitution, compensation of the inmate or an inmate placed on community supervision received by the department while the inmate or an inmate placed on community supervision is assigned to the center shall be credited to the inmate's or an inmate placed on community supervision's account.
C. The purpose of community correctional centers is to provide housing, supervision, counseling and other correctional programs for persons committed to the department.
D. Absence without leave from a community correctional center or intentional failure of an inmate to return from a temporary leave granted under the provisions of this section is a class 5 felony.
E. Prior to Before incurring any obligation for the establishment or any change of use of a community correctional center, the department shall give at least sixty days' written notice to the governing body of the county for an unincorporated area, city, town and school district affected. notice pursuant to section 41-1604.19. The county, city, town and school district may contest establishment of a community correctional center by written objection filed with the department within thirty days after receiving notice and may request a hearing pursuant to chapter 6, article 6 of this title.
