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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011 |
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SENATE BILL 1018 |
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AN ACT
amending sections 31-281, 31-284 and 31-285, Arizona Revised Statutes; repealing section 31-286, 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 31-281, Arizona Revised Statutes, is amended to read:
31-281. Transition program; report
A. The department shall establish a transition program. The department shall administer the transition program and may contract with private or nonprofit entities to provide eligible inmates with transition transitional services pursuant to section 31-282 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 program services. To be eligible, at a minimum, an inmate shall:
(a) Not have been convicted of a violation of title 13, chapter 14 or 17 or title 28, chapter 4.
(b) Be classified by the state department of corrections as a low risk to the community.
(c) Not have been convicted of a violent crime as defined in section 13-901.03.
(d) Have a nonviolent risk score as determined by the department.
(e) Not have any felony detainers.
(f) 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.
(g) Have made satisfactory progress on the inmate's individualized corrections plan as determined by the department.
(h) Have maintained civil behavior while incarcerated as determined by the department.
(i) Be current on restitution payments pursuant to section 31‑254.
(j) Have a need and ability to benefit from the program as determined by the department.
2. A requirement that each contracted entity train mentors or certify that mentors are trained. a requirement that persons providing services are properly trained or certified.
3. The services that may be offered to an inmate.
4. The criteria for inmates to participate in a three month early release program. Inmates are not required to receive an early release.
5. 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.
2. Evaluate the inmate and provide the information to the contracted entity. conduct a needs based assessment on each inmate.
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 and the director of the Arizona state library, archives and public records. The report shall contain the following information:
(a) The recidivism rate of inmates who receive services pursuant to this article.
(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.
Sec. 2. Section 31-284, Arizona Revised Statutes, is amended to read:
31-284. Transition program fund
The transition program fund is established consisting of the monies collected pursuant to section 31‑254, subsection D, paragraph 3 and subsection E, paragraph 3 and section 31-285, subsection C. The department shall administer the fund to pay for any costs related to the administration of the transition program and for transition program services. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
Sec. 3. Section 31-285, Arizona Revised Statutes, is amended to read:
31-285. Transition program release; report
A. An inmate who enters a transition program pursuant to this article shall be released from confinement three months earlier than the inmate's earliest release date based on the inmate's risk and need and rules adopted pursuant to section 31‑281. An inmate who the director determines has participated in the program but who is not low risk shall not be released from confinement earlier than the inmate's earliest release date.
B. The department shall prepare a quarterly report that details the cost reductions to the department that are directed to the transition program pursuant to this article and the number of participants who did not receive an early release under the transition program. The reduction rate shall equal at least seventeen dollars per inmate per day. The department shall submit a copy of its report to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the director of the joint legislative budget committee, the secretary of state and the director of the Arizona state library, archives and public records.
C. The state treasurer shall deposit any cost reductions that are identified pursuant to subsection B of this section in the transition services program fund established by section 31‑286 31-284 for the purpose of providing transitional services.
Sec. 4. Repeal
Section 31-286, Arizona Revised Statutes, is repealed.
Sec. 5. Transfer of monies
On the effective date of this act, any monies remaining unexpended and unencumbered in the transition services fund are transferred to the transition program fund established by section 31-284, Arizona Revised Statutes, as amended by this act.
Sec. 6. Retroactivity
This act is effective retroactively to from and after June 30, 2011.