First Regular Session S.B. 1525
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1525
(Reference to printed bill)
Page 8, between lines 6 and 7, insert:
"Sec. 6. Section 41-1272, Arizona Revised Statutes, is amended to read:
41-1272. Powers and duties; finances
A. The joint legislative budget committee shall:
1. Ascertain facts and make recommendations to the legislature relating to the state budget, revenues and expenditures of the this state, future fiscal needs, the organization and functions of state agencies or their divisions and such other matters incident to the above functions as may be provided for by rules of the joint legislative budget committee.
2. Implement a system of fiscal notes to apply to those bills introduced in the legislature that have a fiscal impact. These fiscal notes shall also reflect the fiscal impact of legislation on cities, counties and all other political subdivisions of the state.
3. Implement a system of fiscal notes for any rule as defined by in section 41‑1001 which that has a fiscal impact.
4. Analyze the state tax structure, tax burdens on individuals and businesses and tax incentives for existing and prospective businesses. The analyses shall include:
(a) Projection of the impact of industry specific tax incentive proposals on the state revenue base.
(b) Comparison among states of relative tax burdens on existing and prospective businesses.
(c) Determination of reliance and incidence aspects of the tax structure of this state.
5. Implement a system of fiscal analysis that applies to those bills introduced in the legislature that involve one or more proposed changes in the tax laws. Unless it is unreasonable to do so, the fiscal analysis shall be based on assumptions that estimate the probable behavioral response of taxpayers, businesses and other citizens and shall include within the analysis a statement identifying those assumptions.
6. prepare a fiscal analysis for any bill that is introduced in the legislature that either increases the sentence for or expands the applicability of an existing offense or establishes a new offense.
6. 7. Adopt rules.
B. The joint legislative budget committee may:
1. Make studies, conduct inquiries and investigations and hold hearings.
2. Meet and conduct its business any place within the this state during the sessions of the legislature or any recess of the legislature and in the period when the legislature is not in session.
3. Establish subcommittees from the membership of the legislature and assign to such subcommittee any study, inquiry, investigation or hearing with the right to call witnesses which that the joint legislative budget committee has authority to undertake.
C. The joint legislative budget committee may obtain operational and maintenance assistance for any facility under the control of the committee without charge from the department of administration, may obtain security assistance from the department of public safety, may employ personnel to discharge operational, maintenance and security functions or may contract for outside services payable from joint legislative budget committee appropriations.
D. The joint legislative budget committee shall have the powers conferred by law upon on legislative committees.
E. Members of the joint legislative budget committee shall be reimbursed by their respective houses in the same manner as is provided by law for a member of the legislature who attends a duly called meeting of a standing committee.
Sec. 7. Section 41-1604.07, Arizona Revised Statutes, is amended to read:
41-1604.07. Earned release credits; forfeiture; restoration; released prisoner health care
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 of one day for every six days served, including time served in county jails as set forth in subsection B of this section, 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 two days served, including time served in county jails, if the defendant is sentenced to a term of imprisonment for a class 4, 5 or 6 felony that was not a sexual offense and the court did not designate the defendant as a dangerous or repetitive offender.
2. One day for every six days served, including time served in county jails, if the defendant is sentenced to a term of imprisonment for an offense not listed in paragraph 1 of this subsection.
B. C. Release credits earned by a prisoner pursuant to subsection subsections A and B of this section shall not reduce the term of imprisonment imposed by the court on the prisoner.
C. D. 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 release credits earned by the prisoner forfeited. In the discretion of the director, forfeited release credits may subsequently be restored. The director shall maintain an account of release credits earned by each prisoner.
D. E. A prisoner who has reached the prisoner's earned release date or sentence expiration date shall be released to begin the prisoner's term of community supervision imposed by the court or term of probation if the court waived community supervision pursuant to section 13‑603, except that the director may deny or delay the prisoner's release to community supervision or probation if the director believes the prisoner may be a sexually violent person as defined in section 36‑3701 until the screening process is complete and the director determines that the prisoner will not be referred to the county attorney pursuant to section 36‑3702. If the term of community supervision is waived, the state department of corrections shall provide reasonable notice to the probation department of the scheduled release of the prisoner from confinement by the department. If the court waives community supervision, the director shall issue the prisoner an absolute discharge on the prisoner's earned release credit date. A prisoner who is released on the earned release credit date to serve a term of probation is not under the control of the state department of corrections when community supervision has been waived and the state department of corrections is not required to provide parole services.
E. F. Notwithstanding subsection D E of this section, a prisoner who fails to achieve functional literacy at an eighth grade literacy level shall not be released to begin the prisoner's term of community supervision until either the prisoner achieves an eighth grade functional literacy level as measured by standardized assessment testing or the prisoner serves the full term of imprisonment imposed by the court, whichever first occurs. This subsection does not apply to inmates who either:
1. Are unable to meet the functional literacy standard required by section 31‑229.02, subsection A due to a medical, developmental or learning disability as described in section 31‑229, subsection C.
2. Are classified as level five offenders.
3. Are foreign nationals.
4. Have less than six months of incarceration to serve on commitment to the department.
F. G. The department shall establish conditions of community supervision it deems appropriate in order to ensure that the best interests of the prisoner and the citizens of this state are served. As a condition of community supervision, the director:
1. May order a released prisoner to participate in an appropriate drug treatment or education program that is administered by a qualified agency, organization or individual approved by the department of health services and that provides treatment or education to persons who abuse controlled substances. Each person who is enrolled in a drug treatment or education program shall pay for the cost of participation in the program to the extent of the person's financial ability.
2. May order additional conditions, including participation in a rehabilitation program or counseling and performance of community restitution work.
3. May order a prisoner to apply for health care benefits through the Arizona health care cost containment system before being released. The state department of corrections shall enter into an enrollment suspense agreement with the Arizona health care cost containment system to reinstate benefits for prisoners who were sentenced to twelve months or less and who were previously enrolled in the Arizona health care cost containment system immediately before incarceration. For all other prisoners, the state department of corrections shall submit a prerelease application to the Arizona health care cost containment system at least thirty days before the prisoner's release date. The state department of corrections may coordinate with community‑based organizations or the department of economic security to assist prisoners in applying for enrollment in the Arizona health care cost containment system.
4. Shall impose, if the prisoner was convicted of a violation of sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age, a prohibition on residing within four hundred forty feet of a school or its accompanying grounds. For the purposes of this paragraph, "school" means any public, charter or private school where children attend classes.
G. H. The director may exchange a prisoner's health care information with the regional behavioral health authority or Arizona health care cost containment system justice system contact to facilitate the transition to care for released prisoners to access the full array of behavioral and physical health care services, including medication, counseling, case management, substance abuse treatment, and parenting skills and family reunification training. The director shall adopt policies and procedures that establish a care team to convene and discuss the services and resources, including housing and employment supports, that may be needed for the released prisoner to safely transition into the community. The care team shall be managed by the regional behavioral health authority or Arizona health care cost containment system contractor and may include the health care provider that is identified by and has a contract with the regional behavioral health authority or Arizona health care cost containment system contractor. The care team may also include representatives of nonprofit organizations that specialize in assisting prisoners who are transitioning back into the community and other organizations that link prisoners to additional services, including housing and employment.
H. I. If a prisoner who reaches the prisoner's earned release credit date refuses to sign and agree to abide by the conditions of supervision before release on community supervision, the prisoner shall not be released. When the prisoner reaches the sentence expiration date, the prisoner shall be released to begin the term of community supervision. If the prisoner refuses to sign and agree to abide by the conditions of release, the prisoner shall not be released on the sentence expiration date and shall serve the term of community supervision in prison. The department is required to supervise any prisoner on community supervision until the period of community supervision expires. The department may bring a prisoner who is in violation of the prisoner's terms and conditions before the board of executive clemency.
I. J. The director, pursuant to rules adopted by the department, shall authorize the release of any prisoner on the prisoner's earned release credit date to serve any consecutive term imposed on the prisoner. The release shall be for the sentence completed only. The prisoner shall remain under the custody and control of the department. The director may authorize the rescission of the release to any consecutive term if the prisoner fails to adhere to the rules of the department.
J. K. If a prisoner absconds from community supervision, any time spent before the prisoner is returned to custody is excluded in calculating the remaining period of community supervision.
K. L. A prisoner shall forfeit five days of the prisoner's earned release credits:
1. If the court finds or a disciplinary hearing held after a review by and recommendations from the attorney general's office determines that the prisoner does any of the following:
(a) Brings a claim without substantial justification.
(b) Unreasonably expands or delays a proceeding.
(c) Testifies falsely or otherwise presents false information or material to the court.
(d) Submits a claim that is intended solely to harass the party it is filed against.
2. For each time the prisoner tests positive for any prohibited drugs during the period of time the prisoner is incarcerated.
L. M. If the prisoner does not have five days of earned release credits, the prisoner shall forfeit the prisoner's existing earned release credits and shall be ineligible from accruing earned release credits until the number of earned release credits the prisoner would have otherwise accrued equals the difference between five days and the number of existing earned release credit days the prisoner forfeits pursuant to this section.
M. N. The director may authorize temporary release on inmate status of eligible inmates pursuant to rules adopted by the director within ninety days of any other authorized release date. The release authorization applies to any inmate who has been convicted of a drug offense, who has been determined to be eligible for participation in the transition program pursuant to section 31‑281 and who has agreed to participate in the transition program.
Sec. 8. Section 41-1609.01, Arizona Revised Statutes, is amended to read:
41-1609.01. Adult incarceration contracts; criteria; cost comparison review
A. On publication, any request for proposals shall be provided to the joint legislative budget committee for its review.
B. To be considered for an award of a contract, the proposer must demonstrate that it has:
1. The qualifications, operations and management experience and experienced personnel necessary to carry out the terms of the contract.
2. The ability to comply with applicable correctional standards and any specific court order, if required.
3. A demonstrated history of successful operation and management of other secure facilities.
C. The proposer of a contract for correctional services must agree that this state may cancel the contract at any time after the first year of operation, without penalty to this state, on giving ninety days' written notice.
D. A contract may provide for annual contract price or cost adjustments, except that any adjustments may be made only once each year effective on the anniversary of the effective date of the contract. If any adjustment is made pursuant to the terms of the contract, it shall be applied to the total payments made to the contractor for the previous contract year and shall not exceed the per cent percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the next previous calendar year.
E. Any price or cost adjustments to a contract different than those authorized in subsection D of this section may be made only if the legislature specifically authorizes the adjustments and appropriates monies for that purpose, if required.
F. An award of a contract shall not be made unless an acceptable proposal is received pursuant to any request for proposals. For the purposes of this subsection, "acceptable proposal" means a proposal that substantially meets all of the requirements or conditions set forth in this section and that meets all of the requirements in the request for proposals.
G. A proposal shall not be accepted unless the proposal offers cost savings to this state. Cost savings shall be determined based on the standard cost comparison model for privatization established by the director.
H. A proposal shall not be accepted unless the proposal offers a level and quality of services that are at least functionally equal to those that would be provided by this state.
I. Notwithstanding section 41‑2546, a contract to provide correctional services as described in this section may be for an initial period of not more than ten years.
J. The initial contract may include an option to renew for two subsequent renewal periods of not more than five years each.
K. A contract for correctional services described in this section shall not be entered into unless the following requirements are met:
1. The contractor provides audited financial statements for the previous five years, or for each of the years the contractor has been in operation, if fewer than five years, and provides other financial information as requested.
2. The contractor provides an adequate plan of insurance, specifically including coverage or insurance for civil rights claims and liabilities as approved by the risk management division of the department of administration.
3. The contractor agrees to be liable for the costs of any emergency, public safety or security services provided to the contractor by the state or any political subdivision of the state and to reimburse the state or any political subdivision of the state for the cost of any such services.
L. The sovereign immunity of this state does not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.
M. A contract for correctional services shall not authorize, allow or imply a delegation of authority or responsibility to a prison contractor for any of the following:
1. Developing and implementing procedures for calculating inmate release dates.
2. Developing and implementing procedures for calculating and awarding sentence credits.
3. Approving the type of work inmates may perform and the wages or sentence credits that may be given to inmates engaging in the work.
4. Granting, denying or revoking sentence credits, placing an inmate under less restrictive custody or more restrictive custody or taking any disciplinary actions.
N. The performance of the contractor shall be compared to the performance of this state in operating similar facilities, as provided in this section. The department shall conduct a biennial comparison of the services provided by the contractor to compare private versus public provision of services. The comparison of services shall be based on professional correctional standards specified by the director and incorporated into the contract and shall be used to determine if the contractor is providing at least the same quality of services as this state at a lower cost or if the contractor is providing services superior in quality to those provided by this state at essentially the same cost. In conducting the comparison of services, the director shall consider:
1. Security.
2. Inmate management and control.
3. Inmate programs and services.
4. Facility safety and sanitation.
5. Administration.
6. Food service.
7. Personnel practices and training.
8. Inmate health services.
9. Inmate discipline.
10. Inmate recidivism rates.
11. Other matters relating to services as determined by the director.
O. The director shall conduct a cost comparison of executed privatization contracts once every five years for each contract. The director shall provide the most recent service comparison and cost comparison for contractors that exclusively contract with the department to the joint legislative budget committee for its review.
Sec. 9. Title 41, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 41-1610.04, to read:
41-1610.04. Joint select committee on corrections; membership; meetings; staffing; duties; report; committee termination
A. The joint select committee on corrections is established consisting of the following members:
1. Three members of the senate, two of whom are appointed by the president of the senate and one of whom is appointed by the minority leader of the senate.
2. Three members of the house of representatives, two of whom are appointed by the speaker of the house of representatives and one of whom is appointed by the minority leader of the house of representatives.
3. The governor or the governor's designee.
4. The director of the state department of corrections or the director's designee.
5. The director of the department of administration or the director's designee.
B. Members of the committee shall elect a chairperson from the membership of the committee at the first committee meeting.
C. Members serving pursuant to subsection A, paragraphs 3, 4 and 5 of this section are nonvoting members and are not members for purposes of determining a quorum. A quorum consists of four voting members.
D. The committee shall meet at least two times each year and any other time that the chairperson deems necessary or on the call of the majority of the voting committee members.
E. Members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
F. The legislature shall provide staff and clerical support to the committee and shall advise and assist the committee in performing its responsibilities. Persons representing the state department of corrections and the department of administration shall provide information and technical assistance to the committee.
G. The committee shall receive testimony from the department of administration regarding the construction schedule of prison beds previously authorized by the legislature.
H. The committee shall receive testimony from the state department of corrections regarding the actual and anticipated growth or decline in the department's inmate population and the conditions of confinement of the inmate population, including information and data on:
1. The number and causes of death of inmates.
2. Complaints filed by inmates and the department's responses to those complaints.
3. Inmate food services.
4. Air conditioning and heating systems within each prison.
I. The committee shall review and make recommendations to the legislature regarding future prisons and capital investments to improve the conditions of confinement and working conditions for corrections staff.
J. The committee may consider other matters relating to prison construction or prison operations and may make recommendations to the legislature.
K. The committee shall review the final site determination of a private incarceration facility pursuant to section 41-1609.02.
L. The committee shall prepare and submit an annual report of its recommendations to the governor, the president of the senate and the speaker of the house of representatives on or before October 15 and provide a copy of this report to the secretary of state.
M. The committee established by this section ends on July 1, 2025 pursuant to section 41-3103."
Renumber to conform
Amend title to conform