Bill Text: AZ SB1496 | 2018 | Fifty-third Legislature 2nd Regular | Engrossed
Bill Title: Prisoners; drug sentences; out-of-custody treatment
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-05-16 - Chapter 344 [SB1496 Detail]
Download: Arizona-2018-SB1496-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SENATE BILL 1496 |
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AN ACT
amending sections 11-532 and 31‑281, Arizona Revised Statutes; amending laws 2017, chapter 286, section 1; relating to prisoners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-532, Arizona Revised Statutes, is amended to read:
11-532. Powers and duties; definition
A. The county attorney is the public prosecutor of the county and shall:
1. Attend the superior and other courts within the county and conduct, on behalf of the state, all prosecutions for public offenses.
2. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the county attorney has information that the offenses have been committed.
3. If not engaged in criminal proceedings in the superior court, attend on the magistrates in cases of arrest if required by them, and attend before and give advice to the grand jury.
4. Draw indictments and informations, defend actions brought against the county and prosecute actions to recover recognizances forfeited in courts of record and actions for recovery of debts, fines, penalties and forfeitures accruing to the state or county.
5. Deliver receipts for monies or property received in the county attorney's official capacity and file duplicate receipts with the clerk of the board.
6. On the first Monday of January, April, July and October in each year, file with the board of supervisors an account, verified by oath, of all monies received in the county attorney's official capacity during the preceding three months, and at the same time pay it to the county treasurer.
7. When required, give a written opinion to county officers on matters relating to the duties of their offices.
8. Keep a register of official business, and enter in the register every action prosecuted, criminal or civil, and of the proceedings of the action.
9. Act as the legal advisor to the board of supervisors, attend its meetings and oppose claims against the county that the county attorney deems unjust or illegal.
10. Act as attorney for school districts except as provided in section 15‑343, or except in any lawsuits involving a conflict of interest with other county offices at which time the attorney general may represent the school district.
11. Act as attorney for the community college district except as provided in section 15‑1448 or except in any lawsuits involving a conflict of interest with other county offices, at which time the attorney general may represent the community college district.
12. Defend all locally valued and assessed property tax appeals as provided in section 42‑16208.
B. On receipt of an appellant's brief in a criminal appeal, the county attorney shall furnish the attorney general with a true statement of the facts in the case, together with the available authorities and citations that are responsive to the assignments or specifications of error.
C. The county attorney may represent a school district governing board member against whom an action is brought in the board member's individual capacity until it is established as a matter of law that the alleged activity or events that form the basis of the complaint were not performed, or not directed to be performed, within the scope or course of the member's duties.
D. Notwithstanding article 12 of this chapter, in connection with the investigation or prosecution of any matter involving the death of a person, the county attorney may request that the medical examiner, for the county in which the prosecution will take place, conduct the medical examination.
E. The county attorney may provide civil legal services to another county or other political subdivision of this state or an officer, employee or agency of a political subdivision of this state at the request of that county's or political subdivision's elected or appointed general counsel or pursuant to an intergovernmental agreement entered into by the county and the other political subdivision as provided in chapter 7, article 3 of this title at the request of the county attorney. Any intergovernmental agreement shall state any payment to be rendered for the services and the scope of the representation. The county attorney may also obtain civil legal services for the county or for an officer, employee or agency of the county, from the elected or appointed general counsel of another county or other political subdivision of this state by request or pursuant to an intergovernmental agreement.
F. If the county attorney administers a felony pretrial intervention program for the county, the county attorney may not exclude a person from participating in the program based solely on the person being a repeat offender.
F. G. For the purposes of this section, "general counsel" means an elected or appointed county attorney, city attorney or town attorney.
Sec. 2. 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 sexual offense pursuant to title 13, chapter 14 or a violation of title 13, chapter 17.
(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) Not have any felony detainers.
(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.
(f) Have made satisfactory progress by complying with all programming on the inmate's individualized corrections plan 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 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. 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. 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. Notwithstanding subsection B, paragraph 1 of this section, if an inmate has been convicted of the possession or use of marijuana pursuant to section 13‑3405, subsection A, paragraph 1, possession or use of a dangerous drug pursuant to section 13‑3407, subsection A, paragraph 1, possession or use of a narcotic drug pursuant to section 13‑3408, subsection A, paragraph 1 or possession or use of drug paraphernalia pursuant to section 13‑3415, subsection A and the inmate is not concurrently serving another sentence for an offense that is not listed in this subsection, the inmate is eligible for and shall be released to enter the transition program. The director may not exclude an inmate who is eligible for the transition program pursuant to this subsection because the inmate does not have a place to reside before being released, except that the director shall exclude an inmate who has any of the following:
1. Previously been convicted of a violent crime as defined in section 13‑901.03 or an offense listed in title 13, chapter 14 or 35.1.
2. A felony detainer.
3. Been found to be in violation of a major violent rule during the inmate's current period of incarceration or to be in violation of any other major rule within the previous six months. For the purposes of this paragraph, an accumulation of minor rule violations does not equal a major rule violation.
4. Previously been released pursuant to this section and violated a term of the inmate's release.
E. F. For the purposes of this section, "recidivism" means reincarceration in the department for any reason.
Sec. 3. Laws 2017, chapter 286, section 1 is amended to read:
Section 1. Appropriation; felony pretrial intervention programs; exemption
A. The sum of $2,750,000 is appropriated from the following funds in the following amounts in fiscal year 2017-2018 to the Arizona criminal justice commission:
1. $1,000,000 from the penitentiary land fund established by section 37‑525, Arizona Revised Statutes.
2. $1,000,000 from the state charitable, penal and reformatory institutions land fund established by section 37‑525, Arizona Revised Statutes.
3. $750,000 from the inmate store proceeds fund established by section 41‑1604.02, Arizona Revised Statutes.
B. The Arizona criminal justice commission shall proportionately distribute the monies to county attorney offices that are located in counties with a population of less than three million persons for the purpose of administering felony pretrial intervention programs. Monies received pursuant to this appropriation may be used only for felony pretrial intervention programs administered by the respective county attorney offices, except that the Arizona criminal justice commission may spend up to one percent of the monies for administrative expenses. Felony pretrial intervention programs shall provide substance abuse treatment including medically assisted treatment with mandatory drug testing when appropriate, cognitive behavioral therapy and case management services as appropriate for nondangerous, nonrepetitive offenders. The county attorney may place persons who are repeat offenders or who have co‑occurring disorders in a felony pretrial intervention program that is funded pursuant to this section. The county attorney shall require each felony pretrial intervention program treatment provider to provide the county attorney with a report on each offender's attendance record and whether an offender fails a drug test.
C. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
