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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
detention officers; arrest warrant; custody
Purpose
Expands the settings under which a detention officer may execute an arrest warrant.
Background
Current statute states that a detention officer may make an arrest at the jail where they are employed while operating in the officer's official capacity pursuant to a warrant. Statute defines detention officer as a person other than an elected official who is employed by a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a county or municipal correctional institution. Detention officer does not include counselors or secretarial, clerical or professionally trained personnel (A.R.S. § 13-3907).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Grants arrest authority to a detention officer who has a warrant and is acting in official capacity at both of the following:
a) a hospital facility or a state, justice or municipal court to which the officer is assigned; and
b) within a jail facility where a visitor is found to have an outstanding warrant.
3. Allows a detention officer acting in an official capacity during a court proceeding to take custody of a person remanded into custody by order of a judicial officer.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies that a detention officer must be assigned to either a hospital facility or court and acting in the officer's official capacity in order to execute an arrest pursuant to a warrant.
2. Specifies that a person at a hospital facility is only subject to arrest by a detention officer if the person is already under law enforcement supervision or investigation.
Senate Action
TPS 1/30/19 DPA 8-0-0
Prepared by Senate Research
February 1, 2019
ZD/HB/gs