ARIZONA HOUSE OF REPRESENTATIVES

SB 1496: prisoners; drug sentences; out-of-custody treatment
PRIME SPONSOR: Senator Smith, LD 11 BILL STATUS: Caucus & COW            MVRA: DP 8-0-0-1            APPROP: DP 9-0-0-4

Abstract

Relating to transition programs for inmates.

Provisions

1. Prohibits a county attorney, if the attorney administers a felony pretrial intervention program, from excluding a person from participating in the program solely based upon the person being a repeat offender. (Sec. 1)

2. Requires inmates, who are not concurrently serving another sentence for an offense, to be eligible for and enter a transition program if they have been convicted of the possession or use of the following:

a. Marijuana;

b. A dangerous drug;

c. A narcotic drug; and

d. Drug paraphernalia. (Sec. 2)

3. Prohibits the Director from excluding an inmate who is eligible for the transition program because the inmate does not have a place to reside before being released. (Sec. 2)

4. Requires the Director to exclude an inmate who has any of the following:

a. Previously been convicted of a violent crime that resulted in death or physical injury and a sexual offense including sexual exploitation of children;

b. A felony detainer;

c. 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.

i. An accumulation of minor rule violations does not equal a major rule violation.

d. Previously been released and violated a term of the inmate's release. (Sec. 2)

5. Removes the requirement that felony pretrial intervention programs provide substance abuse treatment, cognitive behavioral therapy and case management services to nonrepetitive offenders. (Sec. 3)

6. Permits a county attorney to place people who are repeat offenders in felony pretrial intervention programs. (Sec. 3)

7. Makes conforming changes. (Sec. 1,2)

Current Law

ADC has established a transition program that provides eligible inmates with transition services in the community for up to 90 days.  ADC must administer the transition program and contract with private or nonprofit entities to provide eligible inmates with transition services.  The eligibility criteria for inmates receiving transition services are as follows: 1) the inmate must not have been convicted of a sexual offense, 2) be classified by ADC as a low violence risk to the community, 3) not have been convicted of a violent crime or domestic violence offense, 4) has no felony detainers, 5) the inmate must agree in writing to provide specific information after they are released for use in an ADC report, 6) the inmate must show satisfactory progress by complying with all programming on their individualized corrections plan, 7) the inmate must be classified by ADC as minimum or medium custody as determined by an objective risk assessment and 8) the inmate must not have been found in violation of any major violent rule during their current period of incarceration or in violation of any other major rule within the previous six months (A.R.S. § 31-281).

Laws 2017, Chapter 286 appropriated $2,750,000 from the penitentiary land fund, the Arizona charitable, penal and reformatory institutions land fund and the inmate store proceeds fund in FY 2018 to the ACJC so the money could be proportionately distributed to county attorney offices that are in counties with a population of less than three million people for administering felony pretrial intervention programs.  Currently, felony pretrial intervention programs provide substance abuse treatment, cognitive behavioral therapy and case management services to nondangerous, nonrepetitive offenders.

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Fifty-third Legislature                  SB 1496

Second Regular Session                               Version 3: Caucus & COW

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