ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
prisoners; mental health transition program
Purpose
Requires the Arizona Department of Corrections (ADC) to establish the Mental Health Transition Pilot Program (Program) to provide eligible inmates with transition services in the community. Appropriates $1,300,000 from the state General Fund (state GF) in FYs 2022, 2023, 2024 and 2025 to ADC for the Program.
Background
Statute outlines that ADC must establish a transition program to provide eligible inmates with transition services in the community for up to 90 days. ADC outlines eligibility criteria for the transition program, including that ADC may allow an inmate convicted of drug use or a drug possession crime to remain eligible and be released into the transition program. The Director of ADC (Director) may not exclude an inmate who is eligible for the transition program if the inmate does not have a place to reside after completing the transition program. The Director may; however, exclude an inmate who has: 1) previously been convicted of a violent offense; 2) a felony detainer; 3) been in violation of a major violent rule; 4) previously been released and violated a term of release; 5) failed to achieve functional literacy; 6) been classified by ADC as close or maximum custody; or 7) refused enrollment in or been removed for poor behavior from a major self-improvement program.
ADC must conduct an annual study to determine the recidivism rate of the inmates in the transition program who have been released for a minimum of three years and submit a report with specified information. ADC must also provide required services such as psychoeducational counseling and case management services (A.R.S. 31-281).
S.B. 1786 appropriates $1,300,000 from the state GF in FYs 2022, 2023, 2024 and 2025 to ADC.
Provisions
1. Requires ADC to establish the Program to provide eligible inmates with transition services in the community.
2. Appropriates $1,300,000 from the state GF in FYs 2022, 2023, 2024 and 2025 to ADC for the Program.
3. Prohibits an inmate in the Program from being released before the inmate's earliest release date.
4. Requires ADC to administer the Program and contract with private or nonprofit entities to provide eligible inmates with mental health transition services.
5. Requires ADC to follow statutory requirements relating to the Arizona Procurement Code for the mental health transition services.
6. Allows ADC to refer an inmate, who has a mental health condition, to be placed in the Program.
7. Requires ADC to place up to 500 eligible inmates in the Program each year.
8. Requires the Director to adopt rules to implement the Program and requires the rules to:
a) include eligibility criteria for receiving a contracted entity's mental health transition services;
b) require an eligible inmate to be offered services, which may include health care assistance to obtain Arizona Health Care Cost Containment System (AHCCCS) funded services, case management, housing, psychiatric management, drug testing and transportation; and
c) require that each eligible inmate receive services in the Program for at least 90 days.
9. Requires an inmate, in order to be eligible for the Program, to provide specific information in writing and be diagnosed as seriously mentally ill and on release from prison be eligible for AHCCCS benefits.
10. Requires ADC, in awarding contracts, to comply with statutory requirements relating to contracts for goods and services.
11. Requires ADC to conduct an annual study to determine the recidivism rates of inmates who receive a contracted entity's services and requires the study include recidivism rates of inmates who have been released from incarceration for a minimum of two years.
12. Requires ADC to evaluate the participating inmate and provide information to the contracted entity.
13. Requires ADC, before December 31 of each year, to submit a written report to the Governor, the President of the Senate and the Speaker of the House of Representatives, and provide a copy to the Secretary of State.
14. Allows the report to be submitted electronically.
15. Requires the annual report contain the:
a) one-year, two-year and three-year rates of return to ADC's custody for an inmate in the Program compared to a released inmate who had a community seriously mentally ill diagnosis during the same time period and did not receive services in the Program;
b) number of inmates who participated in the Program at any point during the previous fiscal year;
c) number of inmates who completed 90 days of the Program during the previous fiscal year;
d) number of inmates still enrolled in the Program on the last day of the previous fiscal year;
e) number of inmates who were unsuccessfully discharged from the Program during the previous fiscal year;
f) number of inmates who were successfully connected to AHCCCS services in the previous fiscal year, determined by the inmate both completing an intake for services and using the services throughout the 90-day period or through the end of the fiscal year, whichever comes first; and
g) number of participating inmates at any point during the previous fiscal year who used AHCCCS mental health services, substance abuse services, psychiatric management services, case management services and transportation or housing services or both.
16. Requires ADC to provide information about the Program to all inmates, not serving a life sentence, who have a mental health condition or mental health co-occuring condition and to any potentially eligible inmate nine months before the inmate's earliest release date.
17. Defines recidivism as reincarceration in ADC for any reason.
18. Repeals the Program on July 1, 2026.
19. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Adds drug testing including a DNA match to the person and the level of any prescription drugs to services offered in the Program.
2. Clarifies, to be eligible for the Program, an inmate upon release from prison must be eligible for AHCCCS benefits.
3. Makes a technical change.
Senate Action
APPROP 2/16/21 DP 9-0-1
Prepared by Senate Research
February 25, 2021
LMM/kja