Bill Text: AZ SB1126 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed
Bill Title: Prisoner transition program; eligibility; termination
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-03-15 - House majority caucus: Do pass [SB1126 Detail]
Download: Arizona-2016-SB1126-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SENATE BILL 1126 |
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AN ACT
amending sections 31‑281 and 31-287, Arizona Revised Statutes; relating to the prisoner transition program.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 31-281, Arizona Revised Statutes, is amended to read:
31-281. Transition program; report; definition
A. The department shall establish a transition program that provides eligible inmates with transition services in the community for up to ninety days. The department shall administer the transition program and contract with private or nonprofit 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 a contracted entity's transition services. To be eligible, at a minimum, an inmate shall:
(a) Not have been convicted of a violation of sexual offense pursuant to title 13, chapter 14 or a violation of title 13, chapter 17 or title 28, chapter 4.
(b) Be classified by the state department of corrections as a low violence risk to the community.
(c) Not have been convicted of a violent crime as defined in section 13-901.03 or a domestic violence offense pursuant to section 13-3601.
(d) Have a nonviolent risk score as determined by the department.
(e) (d) Not have any felony detainers.
(f) (e) 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) (f) Have made satisfactory progress by complying with all programming 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.
(g) Be classified by the department as minimum or medium custody as determined by an objective risk assessment.
(h) Not have been found in violation of any major violent rule during the inmate's current period of incarceration or in violation of any other major rule within the previous six months. For the purposes of this subdivision, an accumulation of minor rule violations does not equal a major rule violation.
2. A requirement that each contracted entity train mentors or certify that mentors are trained.
3. A requirement that the services that may be offered to an inmate include psychoeducational counseling and case management services as determined by the department. The counseling and services may include substance abuse treatment, anger management, cognitive behavioral therapy, parenting skills and family reunification training, further education and job placement.
4. The criteria for inmates to participate in a three month early release program. Inmates are not required to receive an early release.
5. 4. 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 inmates who receive a contracted entity's services pursuant to this article. The study shall include the recidivism rate of inmates who have been released from incarceration for a minimum of three years after release.
2. Evaluate the inmate and provide the information to the contracted entity.
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 may be submitted electronically. The report shall contain the following information:
(a) The recidivism rate of inmates who receive services pursuant to this article, including the recidivism rate of inmates who have been released from incarceration for a minimum of three years after release.
(b) The number of inmates who received services pursuant to this article.
(c) The number of 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 inmates who received each type of service provided.
4. Provide information about the transition program to all inmates who are not serving a life sentence on admission to prison and to any inmate who is potentially eligible for the transition program six months before the inmate's eligibility date. The information must include all of the admission requirements to the transition program, including the disqualifying factors under this section.
e. For the purposes of this section, "recidivism" means reincarceration in the department for any reason.
Sec. 2. 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, 2018 2020 pursuant to section 41‑3102.
