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REFERENCE TITLE: attorney general; detention facilities; review |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1646 |
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Introduced by Senators Quezada: Gonzales; Representative Andrade
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AN ACT
amending Title 41, chapter 1, article 5, Arizona Revised Statutes, by adding section 41-200; relating to the attorney general.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 41-200, to read:
41-200. Detention facilities; review; report
A. On or before December 1, 2021, the attorney general or the attorney general's designee shall review county, local or private locked detention facilities in which noncitizens are being housed or detained for the purposes of civil immigration proceedings in this state, including any county, local or private locked detention facility in which an accompanied or unaccompanied minor is housed or detained on behalf of or pursuant to a contract with the United States department of health and human services, office of refugee resettlement or the United States immigration and customs enforcement. The department of law shall determine the order and number of detention facilities to be reviewed. The attorney general or the attorney general's designee shall have authority over which detention facilities may be reviewed and when the detention facilities are reviewed. The department of law shall provide, during the budget process, updates and information to the legislature and the governor, including a written summary of findings, if appropriate, regarding the progress of these reviews and any relevant findings. The review shall include all of the following:
1. The conditions of confinement.
2. The standard of care and due process provided to the individuals housed or detained in the detention facilities.
3. The circumstances around the apprehension and transfer of the individuals to the detention facilities.
B. On or before December 1, 2021, the attorney general or the attorney general's designee shall report to the legislature and the governor the findings of the review described in this section and shall post a copy of the report on the attorney general's website, make the report available to the public on request and provide a copy to the secretary of state.
C. The attorney general or the attorney general's designee shall be provided all necessary access for the observations necessary to effectuate the reviews required by this section, including access to detainees, officials, personnel and records.
Sec. 2. Delayed repeal
Section 41‑200, Arizona Revised Statutes, as added by this act, is repealed from and after June 30, 2029.