HB2154 - 542R

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

Section 1. Title 13, chapter 38, Arizona Revised Statutes, is amended by adding article 15, to read:

ARTICLE 15. RECIDIVISM REDUCTION

START_STATUTE13-4001. Definitions

In this article, unless the context otherwise requires:

1. "Agency" means all of the following:

(a) The state Department of Corrections or the entity that supervises a person who is on probation, parole or community supervision.

(b) A regional, local or county government agency that supervises a person who is on probation, parole or community supervision if the agency receives state funding.

2. "Case plan" means an individualized accountability and behavior change strategy for a supervised person that does all of the following:

(a) Targets and prioritizes the person's specific criminal risk factors.

(b) Matches programs to the person's individual characteristics, including gender, culture, motivational stage, developmental stage and learning style.

(c) Establishes a timetable for achieving specific behavioral goals, including a schedule for paying victim restitution, child support and other financial obligations.

(d) Specifies positive and negative actions that will be taken in response to the person's behaviors.

3. "Community supervision" means:

(a) Placing a defendant under supervision with conditions imposed by a court for a specified period during which:

(i) Criminal proceedings are deferred without an adjudication of guilt.

(ii) A sentence of imprisonment or confinement, imprisonment and fine or confinement and fine is probated and the imposition of sentence is suspended in whole or in part.

(b) Placing a person under supervision after release from prison or jail, with conditions imposed by the releasing authority for a specified period.

4. "Criminal risk factors" means characteristics and behaviors that when addressed or changed affect a person's risk for committing crimes, including antisocial attitudes, values and beliefs, poor impulse control, criminal personality, substance abuse, criminal peers, dysfunctional family and lack of employment or education.

5. "Evidence-based practices" means supervision policies, procedures, programs and practices that scientific research demonstrates reduce recidivism among persons who are on probation, parole or community supervision.

6. "Program":

(a) Means an intervention that is both:

(i) Intended to reduce recidivism by supervised persons.

(ii) Funded in whole or in part by this state or that is administered by an agency of this state.

(b) Does not include medical services.

7. "Supervised person" means a person who is on probation, parole or community supervision. END_STATUTE

START_STATUTE13-4002. Recidivism reduction; policies and rules; agency expenditures; annual report

A. An agency shall adopt policies and rules that within four years after the effective date of this section result in all supervised persons being supervised in accordance with evidence-based practices.

B. The policies and rules shall include:

1. The adoption, validation and use of an objective risk and needs assessment tool.

2. The use of assessment scores and other objective criteria to determine the risk level and program needs of each supervised person, prioritizing supervision and program resources for persons who are at higher risk of reoffending.

3. Definitions of low, moderate and high risk levels during the supervision period.

4. The development of a case plan, based on the assessment, for each person who is assessed to be moderate to high risk.

5. Swift, certain, proportionate and graduated responses that an agency employee will apply in response to a supervised person's compliant and noncompliant behaviors.

6. Caseload size guidelines that are based on offender risk levels and that take into account agency resources and employee workload.

7. Establishment of protocols and standards that assess the degree to which agency policies, procedures, programs and practices relating to recidivism reduction are evidence based.

C. Within four years after the effective date of this section, thirty percent of state monies spent on all programs shall be spent for programs that conform to evidence-based practices.

D. Within four years after the effective date of this section, an agency shall eliminate supervision policies, procedures, programs and practices that are intended to reduce recidivism and that scientific research demonstrates do not reduce recidivism.

E. An Agency shall adopt policies and rules that improve crime victim satisfaction with the criminal justice system, including all of the following:

1. Requiring supervised persons to pay victim restitution and child support.

2. Offering victims the opportunity to submit victim impact statements or provide input into presentence investigation reports.

3. Providing victims with information about their rights and available services and referrals to access those rights and services.

4. Offering victims the opportunity to complete a victim satisfaction survey with data used to measure the agency's performance.

5. Facilitating a dialogue between the victim and the offender when the victim is willing.

F. An Agency shall provide the agency's employees with intensive initial and ongoing training and professional development services to support the implementation of evidence-based practices, including assessment techniques, case planning, risk reduction and intervention strategies, effective communication skills, substance abuse and other topics identified by the Agency or the agency's employees.

G. The state department of corrections shall allocate a minimum of forty percent of the department's operating budget to support data collection, analysis and research on the effectiveness of offender supervision and the program. The department may form partnerships or enter into contracts with institutions of higher education or other qualified organizations for assistance with this data collection, analysis and research.

H. Beginning on March 1, 2022, an agency shall submit to the governor, the legislature and the judicial branch by March 1 of each year a comprehensive report on the agency's efforts to implement this section. The report must:

1. Include the percentage of supervised persons who are being supervised in accordance with evidence-based practices.

2. Include the percentage of state monies that are being spent for programs that are evidence based and a list of all programs. The list must identify which programs are evidence based.

3. Specify the supervision policies, procedures, programs and practices that the agency eliminated.

4. Include the results of victim satisfaction surveys that were administered under subsection E of this section.

5. Include the Agency's recommendations for resource allocation and any additional collaboration with other state, regional or local public agencies, private entities or faith-based and community organizations.

I. The Agency shall make the full report required by subsection H of this section and an executive summary available to the public on the agency's website. END_STATUTE