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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SENATE BILL 1390 |
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AN ACT
amending section 31‑281, Arizona Revised Statutes; relating to the prisoner transition program.
(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; definition
A. The department shall establish a transition program. 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 violation of sexual offense pursuant to title 13, chapter 14 or a violation of title 13, chapter 17 or title 28, chapter 4.
(b) Be classified, as determined by the state department of corrections, as a low the lowest risk to the community community's safety.
(c) Not have been Be convicted of a violent crime as defined in section 13-901.03 or a domestic violence offense pursuant to section 13-3601 and serving a sentence of imprisonment for committing an attempted or completed class 4, 5, or 6 felony that is included in title 13, chapter 15, 16, 18, 20, 21 or 34.
(d) Have a nonviolent risk score as determined by the department.
(d) Not have more than three prior felony convictions.
(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) (g) 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.
3. A requirement that the services that may be offered to an inmate include psychoeducational counseling and case management services. The counseling and services must include substance abuse treatment, anger management, cognitive skills training, parenting skills and family reunification training, further education and job placement.
4. The criteria for inmates to participate in a three‑month early release program. Inmates are not required to receive an early release who receive an early release under the transition program shall receive all services while in the community and on community corrections during the three months.
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.
6. The opportunity for a contracted entity to:
(a) Provide inmates with information about the transition program.
(b) Obtain information from eligible inmates on any transition‑related needs before the inmate is released under a transition program.
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 receiving a contracted entity's services.
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 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, including the recidivism rate of inmates who have been released from incarceration for a minimum of three years after receiving the services.
(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. In fiscal year 2015‑2016, place a minimum of three thousand five hundred eligible inmates in the transition program. Beginning in fiscal year 2016‑2017 and each fiscal year thereafter, the department shall place a minimum of five thousand eligible inmates in the transition program.
E. The department may not exclude an inmate from a transition program because of a low score in an educational evaluation that is given pursuant to section 31-229.
F. For the purposes of this section, "recidivism" means reincarceration in the department for any reason.