REFERENCE TITLE: release credits; prisoners

State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022

HB 2734

Introduced by Representative Hernandez M

 

AN ACT

 

amending sections 13-4413, 31-229.02, 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. Section 13-4413, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4413. Notice of prisoner's status

A. If the victim has made a request for post-conviction postconviction notice, the director of the state department of corrections shall mail to the victim the following information about a prisoner in the custody of the state department of corrections:

1. Within thirty days after the request, notice of the earliest release date of the prisoner if his the prisoner's sentence exceeds six months.

2. At least fifteen days before the prisoner's release, notice of the release.

3. Within fifteen days after the prisoner's death, notice of the death.

4. Within thirty days after the prisoner qualifies for earned release credits pursuant to section 41-1604.07, subsection B, paragraph 2, notice of the earliest release date of the prisoner.

B. If the victim has made a request for post-conviction postconviction notice, the sheriff having custody of the prisoner shall mail to the victim notice of release at least fifteen days before the prisoner's release or notice of death within fifteen days after the prisoner's death. END_STATUTE

Sec.  2. Section 31-229.02, Arizona Revised Statutes, is amended to read:

START_STATUTE31-229.02. Functionally literate inmates

A. Except as provided in section 41-1604.07, subsection F  , if an On admission to the department, the director shall make literacy programming and a standardized assessment examination available to each inmate fails to achieve who has not demonstrated functional literacy at an eighth grade literacy level before the inmate becomes eligible for release pursuant to section 41-1604.07, the inmate is not eligible to begin the inmate's term of community supervision until either the inmate achieves an eighth grade functional literacy level as measured by standardized assessment testing or the inmate serves the full term of imprisonment imposed by the court, whichever first occurs. The director shall make the determination of eligibility and provide the standardized assessment testing for each inmate before the earliest date that the inmate becomes eligible for release.

B. This section does not apply to inmates who are any of the following:

1. Unable to meet the demonstrate functional literacy standard at an EIGHTH grade literacy level as required by subsection A of this section, due to a medical, developmental or learning disability as described in section 31-229, subsection C.

2. Classified as level five offenders.

3. Foreign nationals.

4. Inmates who have less than six months incarceration to serve on commitment to the department.

5. Released pursuant to section 41-1604.07, subsection B, paragraph  1.END_STATUTE

Sec.  3. 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) Not have been convicted of a violent crime as defined in section 13-901.03, unless the inmate was convicted of assault, aggravated assault or robbery.

(c) Not have any felony detainers.

(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.

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

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

(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   H, 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 F, 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.  4. Section 41-1604.07, Arizona Revised Statutes, is amended to read:

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

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. One day for every six days served.

1. 2. In addition to the earned release credit under paragraph 1 of this subsection, three five days for every seven six 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.

(a) Was sentenced to a term of imprisonment for a drug offense included in title 13, chapter 34 except for a conviction that involves the sale of any substance to a minor.

(b) Is not serving a sentence for, whether completed or preparatory, a serious offense or a violent or aggravated felony as defined in section 13-706 or a dangerous crime against children as defined in section 13-705.

(c) Has successfully completed a drug or substance abuse treatment program, educational program, psycho-education program, vocational program, skills-based work program, reentry program or other major self-improvement program provided by the department during the prisoner's term of imprisonment or has actively participated for a minimum of six months in an intergovernmental agreement or an Arizona correctional industries work program that is approved by the department.

3. If the prisoner is not eligible for earned release credit under paragraph 2 of this subsection, in addition to the earned release credit under paragraph 1 of this subsection, two days for every six days served if the prisoner:

(c) (a) Is not serving a sentence for or has not previously been convicted of, whether completed or preparatory, a serious offense or violent or aggravated felony as defined in section 13-706, a dangerous crime against children as defined in section 13-705 or a previous conviction for an offense committed in another jurisdiction that if committed in this state would be a violation of any of the offenses listed in this subdivision.

(b) Has successfully completed a drug or substance abuse treatment program, educational program, psycho-education program, vocational program, skills-based work program, reentry program or other major self-improvement program provided by the department during the prisoner's term of imprisonment or has actively participated for a minimum of six months in an intergovernmental agreement or an Arizona correctional industries work program that is approved by the department.

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.

C. Notwithstanding subsection B of this section, a previous conviction for a violent or aggravated felony as defined in section 13-706 applies only to a prisoner who committed the offense when the prisoner was at least eighteen years of age.

C. D. Release credits earned by a prisoner pursuant to subsections A and B 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 may declare all or a portion of the release credits earned by the prisoner forfeited. In the discretion of the director, forfeited release credits may subsequently be restored. The director shall main