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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
detention officers; arrest warrant; custody
Purpose
Expands a detention officer's ability to make an arrest pursuant to an existing warrant.
Background
Statute defines a detention officer as a person other than an elected official who is employed by a county, city or town and is responsible for the supervision, protection, care, custody or control of inmates in a county or municipal correctional institution. Detention officer does not include counselors or secretarial, clerical or professionally trained personnel. Under current law, a detention officer acting in the officer's official capacity may arrest a person who is already incarcerated in a jail facility or who surrenders to a jail facility. The current authority of a detention officer to arrest is limited to a jail facility at which the detention officer is currently employed and must be pursuant to a warrant (A.R.S. § 13-3907).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands a detention officer's ability to arrest a person pursuant to an existing warrant to a person:
a) at a hospital facility to which the detention officer is assigned and the person is under law enforcement supervision or custody while at the hospital facility;
b) at a superior, justice or municipal court facility to which the detention officer is assigned; or
c) in a jail facility as a visitor and has an outstanding warrant.
2. Allows a detention officer acting in an official capacity during a court proceeding to take custody of a person remanded into custody by a judicial officer.
3. Specifies that the authority of a detention officer to arrest a person must be pursuant to an existing warrant.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
MAPS 2/15/21 DP 14-0-0-0
3rd Read 2/24/21 52-7-1
Prepared by Senate Research
March 23, 2021
JA/RC/gs