Assigned to COMPS & APPROP AS
PASSED BY HOUSE
Assigned to COMPS & APPROP AS
PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
prisoners; drug sentences; out-of-custody treatment
Purpose
Requires inmates convicted of specified drug offenses to be placed in prisoner transition programs under circumstances as outlined.
Background
The Arizona Department of Corrections (ADC) administers a transition program that provides for a 90-day early release from custody and contracts with private or nonprofit entities to provide eligible inmates with transition services, which include: 1) placement in employment, employment assistance and career counseling; 2) basic academic education, general equivalency diploma preparation and postsecondary education job training; 3) transitional needs, including housing, food or treatment services; 4) assistance in finding health insurance coverage and, if applicable, medical assistance, including assistance in finding necessary medication; 5) mentoring services; 6) psychoeducational counseling; and 7) case management services. In addition, contracted entities are required to coordinate with ADC to assist in the placement of eligible persons in training programs which may include basic or continuing education courses, anger management, communication skills, drug treatment, alcohol treatment, character education or family reunifications (A.R.S. § 31-282).
In order to be eligible to participate in the transition program, a prisoner must be within three months of the prisoner's earliest release date. Additionally, the inmate must: 1) not have been convicted of a sexual offense, domestic violence or arson; 2) be classified by ADC as a low violence risk to the community; 3) not have been convicted of a violent crime; 4) have no felony detainers; 5) provide a written agreement to supply specific information upon release; 6) have made satisfactory progress on an individualized corrections plan; 7) be classified by ADC as a minimum or medium custody prisoner; and 8) not have been found in violation of any major violent rule during the prisoner's 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 several funds to the Arizona Criminal Justice Commission to distribute to county attorney offices other than Maricopa County for the purpose of administering pretrial intervention programs. Pretrial intervention programs provide substance abuse treatment including medically-assisted treatment with mandatory drug testing when appropriate, cognitive behavioral therapy and case management services as appropriate for non-dangerous, nonrepetitive offenders.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, with exceptions, prisoners to be released to the transition program if convicted of possession or use of:
a) marijuana;
b) a dangerous drug;
c) a narcotic drug; or
d) drug paraphernalia.
2. Prohibits a prisoner serving a sentence for one of the specified drug offenses from participating in the transition program if the person has:
a) previously been convicted of violent crimes, sexual offenses or sexual exploitation of children;
b) a felony detainer;
c) been found to be in violation of a major violent rule during the prisoner's current period of incarceration or to be in violation of any other major rule within the previous six months; or
d) previously been released to the transition program and violated a term of the prisoner's release.
3. Prohibits the Director of ADC from denying a prisoner serving a sentence for one of the specified drug offenses eligibility for the transition program because the prisoner does not have a place to reside before being released.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Permits prisoners serving sentences for specified drug offenses to be released to the existing prisoner transition program instead of creating a separate out-of-custody program.
Amendments Adopted by the House
· Removes language that prohibits a county attorney from excluding a person from participating in a felony pretrial intervention program based on his or her criminal history.
Senate Action House Action
COMPS 2/12/18 DP 8-0-1 MVRA 3/12/18 DP 8-0-0-1
APPROP 2/13/18 DPA 10-0-0 APPROP 3/14/18 9-0-0-4
3rd Read 2/27/18 30-0-0 3rd Read 5/3/18 55-3-2
Prepared by Senate Research
May 3, 2018
JA/VR/lat