Chapter 0016 - 541R - S Ver of SB1093

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 31-201.01, Arizona Revised Statutes, is amended to read:

START_STATUTE31-201.01. Duties of the director; tort actions; medical treatment costs; state immunity; definitions

A. The director shall hold in custody all persons who are sentenced to the department under the law and shall hold such persons for the term directed by the court, subject to law.

B. In addition to the medical and health services to be provided pursuant to subsection D of this section, the director may, in cooperation with the department of health services, may provide to prisoners psychiatric care and treatment pursuant to sections 31‑226 and 31‑226.01.

C. The director may institute and pursue programs which that promote the rehabilitation of the prisoners in the director's charge.

D. The director shall provide medical and health services for the prisoners. The director may contract for professional services to assist the director in carrying out this responsibility on behalf of the state, provided except that all records made and retained in connection with the services provided by this subsection shall be made and retained only by duly authorized or qualified medical and professional personnel and not by any prisoner. Such records when not in use shall be retained in a safe and secure place.

E. If a victim of a person for whom a cost of incarceration has been calculated notifies the state that full restitution has not been made by the person for whom a cost of incarceration has been calculated, the state shall interplead with the superior court the disputed amount and set off the amounts owed the state from the remaining obligation.

F. Any and all causes of action which that may arise out of tort caused by the director, prison officers or employees of the department, within the scope of their legal duty, shall run only against the state.

G. The director shall establish by rule reasonable medical and health service fees for the medical and health services that are provided pursuant to subsection D of this section. Except as provided in subsection I of this section, every inmate shall be charged a reasonable medical and health services fee for each medical visit an inmate makes pursuant to a health needs request form or for emergency treatment.

H. Except as provided in subsection I of this section, the director may charge each inmate a reasonable fee for prescriptions, medication or prosthetic devices.

I. The director shall exempt the following inmates or medical visits by inmates from payment of medical and health services fees and fees for prescriptions, medication or prosthetic devices:

1. Medical visits initiated by the medical or mental health staff of the department.

2. Medical visits to a physician by inmates who are referred by a physician assistant or nurse practitioner.

3. Inmates at reception centers.

4. Juvenile inmates.

5. Pregnant inmates.

6. Seriously mentally ill inmates. For the purposes of this paragraph, "seriously mentally ill inmates" means inmates who as a result of a mental disorder as defined in section 36‑501 exhibit emotional or behavioral functioning which is so impaired as to interfere substantially with their capacity to remain in the general prison population without supportive treatment or services of a long‑term or indefinite duration and whose mental disability is severe and persistent, resulting in a long‑term limitation of their functional capacities for primary activities of daily living, including interpersonal relationships, self‑care, employment and recreation.

7. Inmates with developmental disabilities who are housed in a special programs unit.

8. Inmates who are housed in unit 8 at the Florence prison facility.

9. Inmates who are inpatients at the Alhambra prison facility special programs psychiatric hospital.

10. Inmates who are inpatients at the Flamenco prison facility mental health treatment unit.

11. Inmates who are undergoing administrative physical examinations for statewide driver status and fire fighting crews.

12. Inmates who are undergoing follow‑up medical treatment for chronic diseases.

J. An inmate shall not be refused medical treatment for financial reasons.

K. All monies received by the department for medical and health service fees shall be deposited in the general fund.

L. A person who is convicted of a felony offense and who is incarcerated while awaiting sentence or while serving a sentence imposed by a court of law may not bring a cause of action seeking damages or equitable relief from the state or its political subdivisions, agencies, officers or employees for injuries suffered while in the custody of the state or its political subdivisions or agencies unless the complaint alleges specific facts from which the court may conclude that the plaintiff suffered serious physical injury or the claim is authorized by a federal statute.

M. The director shall establish criteria for reasonable deductions from monies credited to the prisoner's spendable account to repay the cost of:

1. State property that the inmate wilfully damages or destroys during the inmate's incarceration.

2. Medical treatment for injuries that the inmate inflicts on himself or others.

3. Searching for and apprehending an inmate who escapes or attempts to escape.

4. Quelling a riot or other disturbance in which the inmate is unlawfully involved.

5. Fees prescribed by title 28 or the department of transportation's rules for the issuance of either a driver license or a nonoperating identification license to the inmate, if eligible.

N. For the purposes of this section:

1. "Reasonable fee" means an amount not to exceed five dollars $5.

2. "Serious physical injury" means an impairment of physical condition that creates a substantial risk of death or that causes serious disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ. END_STATUTE

Sec. 2. Section 31-228, Arizona Revised Statutes, is amended to read:

START_STATUTE31-228. Procedure for discharge of prisoner; return of property; furnishing money, clothing and transportation ticket; allowing hair to grow before discharge

A. When a prisoner is released conditionally on parole, community supervision or probation if the court waived community supervision pursuant to section 13‑603 or is discharged from a facility of the state department of corrections there shall be returned to the prisoner everything of value taken on commitment to the state department of corrections, or thereafter received by the prisoner, unless the item is contraband as defined in section 13‑2501.

B. In addition to items returned pursuant to subsection A of this section, all monies accumulated in a prisoner's dedicated discharge account shall be furnished to every prisoner who is paroled, released on community supervision, released on probation if the court waived community supervision pursuant to section 13‑603 or discharged from the state department of corrections. Except for prisoners who are committed to the department as a condition of probation, prisoners who have immediately available financial resources in excess of two hundred fifty dollars $250 or prisoners who were previously paroled, released on community supervision, released on probation if the court waived community supervision pursuant to section 13‑603 or discharged from the state department of corrections, if a prisoner has accumulated less than fifty dollars $50 in the prisoner's dedicated discharge account, the monies accumulated in the account shall be furnished to the prisoner on the prisoner's parole or discharge, and the state department of corrections shall furnish the difference up to fifty dollars $50. The department may furnish the monies to a prisoner who is released to the community on a stored value card, smart card or other instrument or device that enables a person to obtain goods, services or anything else of value through the use of value stored on the instrument or device.

C. A paroled prisoner, a prisoner who is released on community supervision or probation if the court waived community supervision pursuant to section 13‑603 or a prisoner who is discharged may be furnished a nontransferable ticket on a railroad or bus serving at or near the place of release to the first railroad, bus station or ticket office beyond the limits of the state in any direction. If the ticket is not used within three days after the date of discharge, unless prevented by illness, it shall be void.

D. Notwithstanding subsection B of this section, the department shall furnish clothing not exceeding thirty‑five dollars $35 in cost to each prisoner who is paroled, discharged, released on community supervision or released on probation if the court waived community supervision pursuant to section 13‑603.

E. One month before the date of discharge, the prisoner shall be permitted to allow the prisoner's hair to grow.

F. Notwithstanding subsection B of this section, prior to before a prisoner's discharge the state department of corrections shall withdraw from the prisoner's spendable or dedicated discharge account any applicable fees prescribed by title 28 or the Arizona department of transportation's administrative rules for the issuance of either a state driver license or a nonoperating identification license to the prisoner, if eligible. END_STATUTE

Sec. 3. Section 31-230, Arizona Revised Statutes, is amended to read:

START_STATUTE31-230. Prisoner spendable accounts; fees

A. The director shall establish a prisoner spendable account for each prisoner. All monies that are received by a prisoner and that are not required to be deposited in another account shall be deposited in the prisoner's spendable account.

B. The director shall adopt rules for the disbursement of monies from prisoner spendable accounts.

C. If the court has ordered the prisoner to pay restitution pursuant to section 13‑603, the director shall withdraw a minimum of twenty per cent percent, or the balance owing on the restitution amount, up to a maximum of fifty per cent percent of the monies available in the prisoner's spendable account each month to pay the court ordered restitution.

D. The director may establish by rule a fee for any deposits made to a prisoner spendable account. The director shall deposit, pursuant to sections 35‑146 and 35‑147, any monies collected pursuant to this subsection in the department of corrections building renewal fund established by section 41‑797.

E. Before a prisoner's discharge, the state department of corrections may withdraw from the prisoner's SPENDABLE account any applicable fees prescribed by title 28 or the department of transportation's rules for the issuance of either a driver license or a nonoperating identification license to the prisoner, if eligible. END_STATUTE

Sec. 4. Section 31-237, Arizona Revised Statutes, is amended to read:

START_STATUTE31-237. Dedicated discharge accounts

A. Each wage earning prisoner who is committed to the department shall deposit into a dedicated discharge account of the prisoner a percentage of wages earned by the prisoner pursuant to section 31‑254. The department shall continue to deposit the percentage of wages earned by the prisoner in the dedicated discharge account until the account registers a two hundred fifty dollar $250 balance or, if the prisoner is serving a sentence of natural life, a fifty dollar $50 balance.

B. The monies that are accumulated in the dedicated discharge account shall be distributed to the prisoner on the prisoner's discharge from the department or transfer to a community release status or to home arrest, except that the prisoner may use monies in the account before the prisoner is discharged or transferred for items and services that the prisoner will require immediately after being released or transferred.

C. Notwithstanding subsection B of this section, prior to before a prisoner's discharge the state department shall of corrections may withdraw from the prisoner's dedicated discharge account any applicable fees prescribed by title 28 or the Arizona department of transportation's administrative rules for the issuance of either a state driver license or a nonoperating identification license to the prisoner, if eligible. END_STATUTE