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REFERENCE TITLE: prisoners; eligibility |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2165 |
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Introduced by Representative Blackman
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AN ACT
amending sections 13‑4414 and 31‑418, Arizona Revised Statutes; amending title 41, chapter 11, article 1, Arizona Revised Statutes, by adding section 41‑1604.21; relating to prisoners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4414, Arizona Revised Statutes, is amended to read:
13-4414. Notice of postconviction release; right to be heard; hearing; final decision; free electronic recording
A. The victim has the right to be present and be heard at any proceeding in which postconviction release from confinement is being considered pursuant to section 31‑233, 31‑411, or 41‑1604.13 or 41‑1604.21.
B. If the victim has made a request for postconviction notice, the board of executive clemency shall, at least fifteen days before the hearing, give to the victim written notice of the hearing and of the victim's right to be present and be heard at the hearing.
C. If the victim has made a request for postconviction notice, the board of executive clemency shall give to the victim notice of the decision reached by the board. The notice shall be mailed within fifteen days after the board reaches its decision.
D. Any electronic recordings that are made during a postconviction release hearing shall be provided, on request, to the victim free of charge.
Sec. 2. Section 31-418, Arizona Revised Statutes, is amended to read:
31-418. Community supervision fee; deposit; community corrections enhancement fund; drug testing costs
A. During the period of time that the prisoner remains on community supervision, the state department of corrections shall require as a condition of community supervision that the prisoner pay a monthly supervision fee of at least sixty‑five dollars $65 unless, after determining the inability of the prisoner to pay the fee, the department requires payment of a lesser amount. The supervising community supervision officer shall monitor the collection of the fee.
B. Seventy per cent percent of the monies collected pursuant to subsection A of this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the victim compensation and assistance fund established by section 41‑2407 and thirty per cent percent shall be deposited in the community corrections enhancement fund established by this section.
C. The community corrections enhancement fund is established consisting of monies received pursuant to subsection B of this section, sections 31‑411, 31‑467.06 and 41‑1604.08, and section 41‑1604.13, subsection D, paragraph 8 and section 41‑1604.21, subsection C, paragraph 8. The department shall administer the fund and use fund monies to pay for costs related to community corrections.
D. In addition to any other fees, the department may require as a condition of community supervision that the prisoner pay the reasonable costs associated with the prisoner's participation in a drug testing program. The prisoner's costs shall not exceed the department's cost for the program. The monies collected pursuant to this subsection by the department may only be used to offset the costs of the drug testing program.
Sec. 3. Title 41, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 41-1604.21, to read:
41-1604.21. Home arrest for nonviolent offenders; eligibility; notification; requirements; definition
A. An inmate who is sentenced to at least two years of imprisonment and who has served not less than one year of the sentence imposed by the court is eligible for the home arrest program if the inmate Meets the following criteria:
1. Was convicted of committing a felony that was not a serious offense.
2. Is within four years of beginning any form of release from incarceration in the department.
3. Has not previously been convicted of a dangerous crime against children as defined in section 13‑705 or a sexual offense.
4. Does not have any violent disciplinary infractions during the inmate's current term of imprisonment.
B. The board of executive clemency shall determine which inmates are released to the home arrest program based on the criteria in subsection A of this section and based on a determination that there is a substantial probability that the inmate will remain at liberty without violating the law and that the release is in the best interests of the state after considering the offense for which the inmate is presently incarcerated, the prior record of the inmate, the conduct of the inmate while incarcerated and any other information concerning the inmate that is in the possession of the department, including any presentence report.
C. Home arrest is conditioned on the following:
1. Active electronic monitoring surveillance for a minimum term of one year or until eligible for probation or community supervision.
2. Participating in gainful employment or other beneficial activities.
3. Submitting to alcohol and drug tests as mandated.
4. Paying the electronic monitoring fee in an amount determined by the board of not less than $1 per day and not more than the total cost of the electronic monitoring unless, after determining the inability of the inmate to pay the fee, the board requires payment of a lesser amount. The fees collected shall be returned to the department's home arrest program to offset operational costs of the program.
5. Remaining at the inmate's place of residence at all times except for movement out of the residence according to mandated conditions. The board and supervising correctional officer shall determine the inmate's monitoring custody level.
6. Adhering to any other conditions imposed by the court, board or supervising corrections officers.
7. Complying with all other conditions of supervision.
8. Paying a monthly home arrest supervision fee of at least $65 unless, after determining the inability of the inmate to pay the fee, the department requires payment of a lesser amount. The supervising corrections officer shall monitor the collection of the fee. Monies collected shall be deposited, pursuant to sections 35‑146 and 35‑147, in the community corrections enhancement fund established by section 31‑418.
9. Paying a drug testing fee in an amount to be determined by the board and not to exceed the costs of the drug testing program. The fees collected pursuant to this paragraph by the department may only be used to offset the costs of the drug testing program.
D. Before holding a hearing on home arrest, the board on request shall notify and afford an opportunity to be heard to the presiding judge of the superior court in the county in which the inmate requesting home arrest was sentenced, the prosecuting attorney and the director of the arresting law enforcement agency. The board shall notify the victim of the offense for which the inmate is incarcerated. The notice shall state the name of the inmate requesting home arrest, the offense for which the inmate was sentenced, the length of the sentence and the date of admission to the custody of the state department of corrections. The notice to the victim shall also inform the victim of the victim's right to be present and to submit a written report to the board expressing the victim's opinion concerning the inmate's release. A hearing concerning home arrest may not be held until fifteen days after the date of giving the notice. On mailing the notice, the board shall file a hard copy of the notice as evidence that notification was sent.
E. An inmate who is placed on home arrest is on inmate status, is subject to all the limitations of rights and movement and is entitled only to due process rights of return.
F. If an inmate violates a condition of home arrest or commits an additional felony offense, the board shall revoke the home arrest and return the inmate to the custody of the department to complete the term of imprisonment as authorized by law.
G. The ratio of supervising corrections officers to supervisees in the home arrest program may not be greater than one officer for every twenty‑five supervisees.
H. For the purposes of this section, "Serious offense" includes any of the following:
1. A serious offense as defined in section 13‑706, subsection F, paragraph 1, subdivision (a), (b), (c), (d), (e), (g), (h), (i), (j) or (k).
2. A dangerous crime against children as defined in section 13‑705. The citation of section 13‑705 is not a necessary element for a serious offense designation.
3. A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13‑705, subsection Q, paragraph 1 or section 13‑706, subsection F, paragraph 1.