SB1067 - 551R - I Ver

 

 

PREFILED       JAN 07 2021

REFERENCE TITLE: prisoners; discharge; transition program.

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

SB 1067

 

Introduced by

Senator Barto

 

 

AN ACT

 

amending sections 31   228, 31   281 and 31   287, Arizona Revised Statutes; relating to criminal justice.

 

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section.  1.    Section 31-228, Arizona Revised Statutes, is amended to read:

START_STATUTE31-228.    Procedure for discharge of prisoner; return of property; furnishing money, clothing and transportation ticket; allowing hair to grow before discharge

A.    When a prisoner is released conditionally on parole, community supervision or probation if the court waived community supervision pursuant to section 13   603 or is discharged from a facility of the state department of corrections there shall be returned to the prisoner everything of value taken on commitment to the state department of corrections, or thereafter received by the prisoner, unless the item is contraband as defined in section 13   2501.

B.    In addition to items returned pursuant to subsection A of this section, all monies accumulated in a prisoner's dedicated discharge account shall be furnished to every prisoner who is paroled, released on community supervision, released on probation if the court waived community supervision pursuant to section 13   603 or discharged from the state department of corrections.    Except for prisoners who are committed to the department as a condition of probation, prisoners who have immediately available financial resources in excess of $250 or prisoners who were previously paroled, released on community supervision, released on probation if the court waived community supervision pursuant to section 13   603 or discharged from the state department of corrections, if a prisoner has accumulated less than $50 in the prisoner's dedicated discharge account, the monies accumulated in the account shall be furnished to the prisoner on the prisoner's parole or discharge, and the state department of corrections shall furnish the difference up to $50.   The department may furnish the monies to a prisoner who is released to the community on a stored value card, smart card or other instrument or device that enables a person to obtain goods, services or anything else of value through the use of value stored on the instrument or device.

C.    A paroled prisoner, a prisoner who is released on community supervision or probation if the court waived community supervision pursuant to section 13   603 or a prisoner who is discharged may be furnished a nontransferable ticket on a railroad or bus serving at or near the place of release to the first railroad, bus station or ticket office beyond the limits of the state in any direction.    If the ticket is not used within three days after the date of discharge, unless prevented by illness, it shall be void.

D.    Notwithstanding subsection B of this section, the department shall furnish clothing not exceeding $35 in cost to each prisoner who is paroled, discharged, released on community supervision or released on probation if the court waived community supervision pursuant to section 13   603.

E.    One month before the date of discharge, the prisoner shall be permitted to allow the prisoner's hair to grow.

F.    Notwithstanding subsection B of this section, before a prisoner's discharge the state department of corrections shall withdraw from the prisoner's spendable or dedicated discharge account any applicable fees prescribed by title 28 or the department of transportation's rules for the issuance of either a driver license or a nonoperating identification license to the prisoner, if eligible.

G.    The department must inform a prisoner at least one month before the prisoner's discharge of the prisoner's discharge date. END_STATUTE

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.   Beginning from and after June 30, 2021 and each year thereafter, the department shall release at least three thousand five hundred eligible inmates to enter the transition program.

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)    (b)    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)    (c)    Not have any felony detainers.

(e)    (d)    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)    (e)    Have made satisfactory progress by complying with all programming on the inmate's individualized corrections plan as determined by the department.

(g)    (f)    Be classified by the department as minimum or medium custody as determined by an objective risk assessment.

(h)    (g)    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   F, unless the inmate is enrolled in a program that prepares the inmate to achieve functional literacy.

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

7.    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 31-287, Arizona Revised Statutes, is amended to read:

START_STATUTE31-287.    Program termination

The transition program established by this article ends on July 1, 2020 2030 pursuant to section 41   3102. END_STATUTE

Sec.  4.    Retroactivity

A.    Section 31   281, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after June 30, 2021.

B.    Section 31   287, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after June 30, 2020.