Bill Text: AZ SB1093 | 2010 | Forty-ninth Legislature 2nd Regular | Chaptered
Bill Title: Prisoners; transition program
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-04-14 - Governor Signed [SB1093 Detail]
Download: Arizona-2010-SB1093-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE BILL 1093 |
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AN ACT
amending sections 31-254, 31-281, 31-282, 31-284, 31-285, 31-286 and 31-287, Arizona Revised Statutes; repealing section 31-283, Arizona Revised Statutes; relating to prisoners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 31-254, Arizona Revised Statutes, is amended to read:
31-254. Compensation for labor performed; price of prison made articles; distribution of earnings; workers' compensation
A. Each prisoner who is engaged in productive work in any state prison or institution under the jurisdiction of the department or a private prison under contract with the department as a part of the prison industries program shall receive for the prisoner's work the compensation that the director determines. The compensation shall be in accordance with a graduated schedule based on quantity and quality of work performed and skill required for its performance but shall not exceed fifty cents per hour unless the prisoner is employed in an Arizona correctional industries program pursuant to title 41, chapter 11, article 3. If the director enters into a contract pursuant to section 41‑1624.01 with a private person, firm, corporation or association the director shall prescribe prisoner compensation of at least two dollars per hour. Compensation shall not be paid to prisoners for attendance at educational training or treatment programs, but compensation may be paid for work training programs.
B. Whenever a price is fixed for any article, material, supply or service to be produced, manufactured, supplied or performed in connection with the industries program of the department, the compensation paid to prisoners shall be included as an item of cost in fixing the price.
C. The compensation of prisoners shall be paid out of the fund established pursuant to section 41‑1624 or out of funds appropriated for that purpose by the legislature when required.
D. If the compensation due a prisoner is less than two dollars per hour, mandatory deductions shall be taken for the following purposes in the order specified:
1. Twenty‑five per cent of the prisoner's gross wages until the prisoner's dedicated discharge account registers a fifty dollar balance.
2. If the prisoner initiates a lawsuit, twenty per cent from all deposits to the prisoner's spendable account until the court fees are collected in full.
3. If the prisoner was not convicted of a violation of title 28, chapter 4, five per cent of the prisoner's gross wages shall be used exclusively to fund the transition offices program established by section 31‑283 31-281. All monies collected under this paragraph shall be deposited, pursuant to sections 35‑146 and 35‑147, in the transition office program fund established by section 31‑284.
4. Thirty per cent of the prisoner's wages for court ordered dependent care.
E. If the compensation due a prisoner equals or exceeds two dollars per hour, the director shall credit to the prisoner's spendable account established pursuant to section 31‑230 an amount equaling fifty cents per hour for each hour compensation is due plus ten per cent of the adjusted balance remaining after the mandatory deductions are taken. Mandatory deductions shall be taken for the following purposes in the order specified:
1. Twenty‑five per cent of the prisoner's gross wages until the prisoner's dedicated discharge account registers a fifty dollar balance.
2. If the prisoner initiates a lawsuit, twenty per cent from all deposits to the prisoner's spendable account until the court costs are collected in full.
3. If the prisoner was not convicted of a violation of title 28, chapter 4, five per cent of the prisoner's gross wages shall be used exclusively to fund the transition program established by section 31-281. All monies collected under this paragraph shall be deposited, pursuant to sections 35‑146 and 35‑147, in the transition program fund established by section 31‑284.
3. 4. Thirty per cent of the prisoner's wages for the room and board costs of maintaining the prisoner at the facility.
4. 5. Thirty per cent of the prisoner's wages for court ordered dependent care.
F. After the mandatory deductions and obligations are paid by the prisoner, the remaining monies shall be credited to the prisoner's retention account established by the director pursuant to section 31‑261, subsection B.
G. A prisoner may gain access to the prisoner's trust fund or retention account for emergency purposes at the sole discretion of the director.
H. Any monies not expended from the contributing prisoner's trust fund or retention account for the purposes prescribed in subsection E of this section shall be paid to the prisoner on release pursuant to section 31‑228.
I. If any prisoner escapes, the director shall determine what portion of the prisoner's earnings shall be forfeited, and the forfeited amount shall be deposited in the special services fund established by section 41‑1604.03.
J. This section is not intended to restore, in whole or in part, the civil rights of any prisoner. No prisoner who is compensated under this section shall be considered to be an employee of or employed by this state, the department or any private person, firm, corporation or association engaged in a contract pursuant to section 41‑1624.01, and the prisoner does not come within any of the provisions of the workers' compensation provided in title 23, chapter 6 and is not entitled to any benefits under title 23, chapter 6 whether on behalf of the prisoner or of any other person. This subsection does not apply to prisoners who are employed pursuant to a federally certified prison industry enhancement program established pursuant to section 41‑1674.
Sec. 2. Section 31-281, Arizona Revised Statutes, is amended to read:
31-281. Transition program; report
A. The department shall establish a transition program. The department shall administer the transition program and contract with any private or nonprofit entity entities to provide eligible inmates with transition services and shall procure transition services pursuant to title 41, chapter 23.
B. The director shall adopt rules to implement this article. The rules shall include:
1. Eligibility criteria for receiving the a contracted entity's transition services. To be eligible, at a minimum, an inmate shall:
(a) Be convicted of a violation of title 13, chapter 34, except that an inmate who was Not have been convicted of a violation of title 13, chapter 14 or 17 or an offense involving death or physical injury or the use of a deadly weapon or dangerous instrument is not eligible to participate in the transition program title 28, chapter 4.
(b) Be classified by the state department of corrections as a low risk to the community.
(c) Not have been convicted of a violent crime as defined in section 13-901.03.
(d) Have a nonviolent risk score as determined by the department.
(e) Not have any felony detainers.
(f) Agree in writing to provide specific information after the inmate is released. The department shall use the information to prepare the report prescribed by subsection D, paragraph 3 of this section.
(g) Have made satisfactory progress on the inmate's individualized corrections plan as determined by the department.
(h) Have maintained civil behavior while incarcerated as determined by the department.
(i) Be current on restitution payments pursuant to section 31‑254.
(j) Have a need and ability to benefit from the program as determined by the department.
2. A requirement that the each contracted entity train mentors or certify that mentors are trained.
3. The services that may be offered to an inmate.
4. The criteria for inmates to participate in a three month early release program. Inmates are not required to receive an early release.
5. A requirement that an inmate may be released pursuant to this article only after the victim has been provided notice and an opportunity to be heard. The department shall provide notice to a victim who has provided a current address or other contact information. The notice shall inform the victim of the opportunity to be heard on the early release. Any objection to the inmate's early release must be made within twenty days after the department has mailed the notice to the victim.
C. In awarding contracts under this section the department shall comply with section 41‑3751.
D. The department shall:
1. Conduct an annual study to determine the recidivism rate of persons inmates who receive the a contracted entity's services pursuant to this article.
2. Evaluate the inmate and shall provide the information to the contracted entity. The contracted entity shall make the final determination of program eligibility.
3. Submit a written report to the governor, the president of the senate and the speaker of the house of representatives on or before July 31 of each year and provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records. The report shall contain the following information:
(a) The recidivism rate of persons inmates who receive services pursuant to this article.
(b) The number of persons inmates who received services pursuant to this article.
(c) The number of persons inmates who were not provided services pursuant to this article and who were on a list waiting to receive services.
(d) The types of services provided.
(e) The number of persons inmates who received each type of service provided.
Sec. 3. Section 31-282, Arizona Revised Statutes, is amended to read:
31-282. Contracted entities; duties; services; definition
A. The Each entity that contracts with the department to provide transition services pursuant to this article shall coordinate all services provided by the entity with the department.
B. The Each contracted entity shall establish a network that may include community and faith‑based organizations to make mentoring services and assistance available to eligible persons before and after eligible persons are released from confinement up to each eligible person's community supervision end date. A contracted entity may provide the following services or assistance to eligible persons:
1. Assistance in Placing the person in employment, employment assistance and career counseling.
2. Assistance in placing the person in job training.
2. Basic academic education, general equivalency diploma Preparation and postsecondary education job training.
3. Assistance with finding other Transitional needs, including housing, food or treatment services.
4. Assistance in finding health insurance coverage for the person and, if applicable, medical assistance, including assistance in finding necessary medication.
5. Mentoring services from the network established pursuant to this subsection.
C. The Each contracted entity shall coordinate with the department to assist in placing eligible persons in appropriate training programs that may include basic or continuing education courses, anger management, communication skills, drug treatment, alcohol treatment, character education or family reunification.
D. Each contracted entity shall provide liaison services to the state department of corrections, the department of health services, the governor's office, county probation departments and community and faith-based organizations.
D. E. For the purposes of this section, "eligible person" means a person an inmate who is eligible to receive transition services based on the person's inmate's risk and need as determined by the director pursuant to section 31‑281.
Sec. 4. Repeal
Section 31-283, Arizona Revised Statutes, is repealed.
Sec. 5. Section 31-284, Arizona Revised Statutes, is amended to read:
31-284. Transition program fund
The transition office program fund is established consisting of the monies collected pursuant to section 31‑254, subsection D, paragraph 3 and subsection E, paragraph 3. The department shall administer the fund to pay for costs related to the administration of the transition office program and for transition program services. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
Sec. 6. Section 31-285, Arizona Revised Statutes, is amended to read:
31-285. Transition program release; report
A. An inmate who enters a transition program pursuant to this article shall be released from confinement three months earlier than the inmate's earliest release date based on the inmate's risk and need and rules adopted pursuant to section 31‑281. An inmate who the director determines has participated in the program but who is not low risk shall not be released from confinement earlier than the inmate's earliest release date.
B. The department shall prepare a quarterly report that details the cost reductions to the department that are directed to the transition program pursuant to this article and the number of participants who did not receive an early release under the transition program. The reduction rate shall equal at least seventeen dollars per inmate per day. The department shall submit a copy of its report to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the director of the joint legislative budget committee, the secretary of state and the director of the Arizona state library, archives and public records.
C. The state treasurer shall deposit any cost reductions that are identified pursuant to subsection B of this section in the transition program drug treatment services fund established by section 31‑286 for the purpose of providing transitional services.
Sec. 7. Section 31-286, Arizona Revised Statutes, is amended to read:
31-286. Transition services fund
A. The transition program drug treatment services fund is established consisting of monies deposited pursuant to section 31‑285, subsection C.
B. The department shall administer the fund and shall distribute fund monies to entities that provide transition services to nonviolent drug offenders. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
Sec. 8. Section 31-287, Arizona Revised Statutes, is amended to read:
31-287. Program termination
The transition program established by this article ends on July 1, 2013 2018 pursuant to section 41‑3102. END_STATUTE
