REFERENCE TITLE: earned release; good time credits.

State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020

HB 2753

Introduced by Representatives Rodriguez: Andrade, Blanc, Bolding, Cano, DeGrazia, Engel, Epstein, Fernandez, Friese, Jermaine, Meza, Peten, Salman, Ter  n

 

AN ACT

 

repealing section 31   229.02, Arizona Revised Statutes; amending sections 31   281 and 41   1604.07, 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.    Repeal

Section 31-229.02, Arizona Revised Statutes, is repealed.

Sec.  2.    Section 31-281, Arizona Revised Statutes, is amended to read:

START_STATUTE31-281.    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 agrees to comply with any condition that is established and required by section 41   1604.07, subsection F, 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 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.

5.    Failed to achieve functional literacy as required by section 41   1604.07, subsection E, unless the inmate is enrolled in a program that prepares the inmate to achieve functional literacy.

6.    5.    Been classified by the department as close or maximum custody as determined by a current and objective risk assessment.

7.    6.    Refused enrollment in or been removed for poor behavior from a major self   improvement program within the previous eighteen months unless the inmate has subsequently enrolled in and completed the major self   improvement program.

F.    For the purposes of this section, "recidivism" means reincarceration in the department for any reason. END_STATUTE

Sec.  3.    Section 41-1604.07, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1604.07.    Earned release credits; forfeiture; restoration; report; released prisoner health care

A.    Pursuant to rules adopted by the director, each prisoner who is in the eligible earned release credit class shall be allowed an earned release credit as set forth in subsection B of this section, including time served in county jails, except for those prisoners who are sentenced to serve the full term of imprisonment imposed by the court.

B.    The earned release credit is:

1.    Three days for every seven days served if the prisoner:

(a)    Was sentenced to a term of imprisonment for the possession or use of marijuana pursuant to section 13   3405, subsection A, paragraph 1, the possession or use of a dangerous drug pursuant to section 13   3407, subsection A, paragraph 1, the possession or use of a narcotic drug pursuant to section 13   3408, subsection A, paragraph 1 or the possession of drug paraphernalia pursuant to section 13-3415.

(b)    Has successfully completed a drug treatment program or other major self-improvement program provided by the department during the prisoner's term of imprisonment.

(c)    Has not previously been convicted of a violent or aggravated felony as defined in section 13   706.

2.    One day for every six days served if the prisoner was sentenced to a term of imprisonment for an offense not listed in paragraph 1 of this subsection a dangerous crime against children pursuant to section 13   705.

3.    Three days for every seven days served if the defendant was sentenced to a term of imprisonment for a dangerous offense pursuant to section 13   704.

4.    One day for every three days served if the defendant is sentenced to a term of imprisonment for an offense not listed in paragraph 1, 2 or 3 of this subsection or on revocation of probation or is serving the remainder of a term of imprisonment in custody on revocation of the defendant's community supervision.

C.    Pursuant to rules adopted by the director, every prisoner who is not serving a sentence for a dangerous crime against children pursuant to section 13   705, who has not had a serious infraction of the department's regulations or policies, who has not violated any law of this state while incarcerated and who has performed any duties assigned to the prisoner shall be allowed a good time credit as follows, including time served in county jails, except for those prisoners who are sentenced to serve the full term of imprisonment imposed by the court:

1.    Five days for every twenty days served if the prisoner was sentenced to a term of imprisonment for a dangerous offense pursuant to section 13   704.

2.    Thirteen days for every twenty days served if the prisoner was sentenced to a term of imprisonment for the possession or use of marijuana pursuant to section 13   3405, subsection A, paragraph 1, the possession or use of a dangerous drug pursuant to section 13   3407, subsection A, paragraph 1, the possession or use of a narcotic drug pursuant to section 13   3408, subsection A, paragraph 1 or the possession of drug paraphernalia pursuant to section 13-3415.

3.    Ten days for every twenty days if the prisoner was sentenced for an offense not included in paragraph 1 or 2 of this subsection.

C.    D.    Release credits earned by a prisoner pursuant to subsections A, and B and C of this section shall not reduce the term of imprisonment sentence imposed by the court on the prisoner.

D.    E.    On reclassification of a prisoner resulting from the prisoner's failure to adhere to the rules of the department or failure to demonstrate a continual willingness to volunteer for or successfully participate in a work, educational, treatment or training program, the director, in the director's discretion, may declare all or a portion of release credits earned by the prisoner forfeited.    In the discretion of the director, forfeited release credits may subsequently be restored.    The director shall maintain an account of release credits earned by each prisoner.   On or before July 31 of each year, the director shall prepare and submit a report to the governor, the president of the senate and the speaker of the house of representatives that includes the number of earned release credits earned and forfeited by each prisoner for the previous year and the reason why any earned release credits were forfeited by the prisoner.    The director shall provide A copy of this report to the secretary of state.

E.    F.    A prisoner who has reached the prisoner's earned release date or sentence expiration date shall be released to begin the prisoner's term of community supervision imposed by the court or term of probation if the court waived community supervision pursuant to section 13   603, except that the director may deny or delay the prisoner's release to community supervision or probation if the director believes the prisoner may be a sexually violent person as defined in section 36   3701 until the screening process is complete and the director determines that the prisoner will not be referred to the county attorney pursuant to section 36   3702.    If the term of community supervision is waived, the state department of corrections shall provide reasonable notice to the probation department of the scheduled release of the prisoner from confinement by the department. If the court waives community supervision, the director shall issue the prisoner an absolute discharge on the prisoner's earned release credit date.    A prisoner who is released on the earned release credit date to serve a term of probation is not under the control of the state department of corrections when community supervision has been waived and the state department of corrections is not required to provide parole services.

F.&