ARIZONA HOUSE OF REPRESENTATIVES

HB 2266: prisoners; transition program; eligibility

PRIME SPONSOR: Representative Payne, LD 21

BILL STATUS: Caucus & COW

                                PS: DPA 7-0-0-0-0

Overview

Modifies eligibility criteria for the Arizona Department of Correction's (ADC) transition program. 

History

ADC is required to establish a transition program that provides eligible inmates with transition services in the community for up to 90 days. ADC contracts with private or nonprofit entities to provide the transition services. The Director of ADC (Director) is required to adopt rules to implement the transition program, which must include: 1) eligibility criteria; 2) a requirement that each contracted entity train mentors or certify that mentors are trained; 3) a requirement that the services offered include psychoeducational counseling and case management services; and 4) a requirement that an inmate may only be released after the victim has been provided notice and an opportunity to be heard.

If an inmate has been convicted of possession or use of marijuana, a dangerous drug, a narcotic drug or drug paraphernalia and is not concurrently serving another sentence for a different offense, the inmate is eligible for the transition program. The Director is required to exclude an inmate who has any of the following:

a. Previously been convicted of a violent crime;

b. A felony detainer;

c. Been found to be in violation of any major violent rule during the inmate's current period of incarceration or in violation of any other major rule in the previous six months; or

d. Previously been released and violated a term of release (A.R.S. § 31-281).

Provisions

1. Adds criteria that would an exclude an inmate from the transition program including:

a. Failure to achieve functional literacy at an eighth-grade level;

b. Classification as close or maximum custody as determined by a current and objective risk assessment; and

c. Refusal to enroll or being removed from a major self-improvement program for poor behavior in the previous 18 months unless the inmate subsequently enrolled in and completed the program. (Sec. 1)

2. Requires an inmate convicted of possession or use of certain drugs or narcotics to comply with any statutorily established condition of community supervision in order to be eligible for the transition program. (Sec. 1)

3. Makes a technical change. (Sec. 1)

Amendments

Committee on Public Safety

1. Stipulates that failing to achieve functional literacy would not exclude an inmate from the transition program if the inmate is enrolled in a program preparing them to achieve functional literacy.

2. Makes a clarifying change.

---------- DOCUMENT FOOTER ---------

Fifty-fourth Legislature                               HB 2266

First Regular Session                    Version 2: Caucus & COW

---------- DOCUMENT FOOTER ---------