 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
prisoners; discharge; transition program.
Purpose
Continues the Prison Transition Program for nine years and makes eligibility changes to the Program.
Background
Statute requires Arizona Department of Corrections (ADC) to: 1) establish a transition program that provides eligible inmates with transition services in the community for up to 90 days; 2) administer the transition program and contract with private or nonprofit entities to provide eligible inmates with transition services; and 3) procure transition services. At a minimum, eligible inmates must: 1) not have been convicted of a sexual offense or arson; 2) be classified by ADC as a low violence risk to the community; 3) not have been convicted of a violent crime or a domestic violence offense; 4) not have any felony detainers; 5) agree in writing to provide specific information after the inmate is released; 6) have made satisfactory progress by complying with all programming on the inmate's individualized corrections plan; 7) be classified by ADC as minimum or medium custody as determined by an objective risk assessment; and 8) not have been found in violation of any major violent rule during the inmate's current period of incarceration or in violation of any other major rule within the previous six months. Statute requires that services offered by the transition program include psychoeducational counseling and case management services (A.R.S. § 31-281).
On July 1, 2020, Governor Ducey signed an executive order which extends the Prisoner Transition Program at ADC until March 31, 2021, or until the Arizona Legislature extends or terminates it (Executive Order 2020-46).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Continues, retroactive to July 1, 2020, the Prison Transition Program until July 1, 2030.
2. Removes, beginning October 1, 2021, the requirement that an inmate be classified by ADC as a low violence risk to the community to be eligible for transition services.
3. Allows, beginning October 1, 2021, a person who has been convicted of assault, aggravated assault or robbery to be eligible for transition services.
4. Allows, beginning October 1, 2021, a person convicted of a domestic violence offense to be eligible for transition services, if all other requirements have been met.
5. Makes conforming changes.
6. Becomes effective on the general effective date, with retroactive and delayed effective date provisions as noted.
Amendments Adopted by the Judiciary Committee
· Requires ADC to release at least 3,500 eligible inmates annually starting on January 1, 2022, instead of July 1, 2021.
Amendments Adopted by the Rules Committee
· Removes retroactivity for the changes to Prison Transition Program eligibility criteria.
Amendments Adopted by Committee of the Whole
1. Removes the requirement that ADC release at least 3,500 eligible inmates to enter a Prison Transition Program each year.
2. Allows a person who has been convicted of assault, aggravated assault or robbery to be eligible for transition services.
3. Allows a person convicted of a domestic violence offense to be eligible for transition services, if all other requirements have been met.
4. Removes the requirement that ADC inform a prisoner at least one month before the prisoner's discharge of the prisoner's discharge date.
5. Makes the changes to Prison Transition Program eligibility criteria effective on October 1, 2021.
Senate Action
JUD 1/21/21 DPA 8-0-0
RULES 1/25/21 PFCA
Prepared by Senate Research
February 18, 2021
JA/RC/kja