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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
prisoners; transition services; noncontracted entities
Purpose
Requires the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) to allow noncontracted entities to provide eligible inmates with transition program services and outlines requirements the noncontracted entity must fulfill in order to provide services to eligible inmates.
Background
ADCRR is required to contract with private and nonprofit entities that provide eligible inmates with transition services in the community for up to 90 days. Rules adopted for the implementation of this program must include: 1) eligibility criteria for inmates; 2) a requirement that each contracted entity train mentors or certify the mentors are trained; 3) a requirement that services offered to an inmate include psychoeducational counseling and case management services; and 4) a requirement that an inmate may only be released to the transition program after the victim has been provided notice and an opportunity to be heard. In awarding contracts for transition services, ADCRR must also: 1) conduct annual studies on recidivism rates for inmates who receive transition services; 2) submit a report of its recidivism findings that contains prescribed information; and 3) provide information about transition services to all inmates who may be eligible (A.R.S. § 31-281).
To be considered
eligible for transition services, an inmate must: 1) not be convicted of sexual
offenses or violent crimes as outlined; 2) not have any felony detainers; 3)
agree in writing to provide specific information after the inmate is released
to be used for recidivism reports;
4) have made satisfactory progress by complying with all programming on the
inmate's individualized corrections plan; 5) be classified as minimum or medium
custody; and 6) 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 (A.R.S.
§ 31-281).
A contracted entity must establish a network that may include community and faith-based organizations to make mentoring services and assistance available to eligible inmates. Contracted entities may provide certain types of assistance, including basic academic education and assistance in finding employment and health insurance (A.R.S. § 31-282).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires ADCRR to allow noncontracted private or nonprofit entities to provide eligible inmates with transition services.
2. Adds, to the rules that the Director of ADCRR (Director) must adopt to implement transition services, a requirement that an inmate must use a contracted entity to provide transition services unless the eligible inmate chooses a noncontracted private or nonprofit entity to provide services.
3. Requires ADCRR to allow an eligible inmate to choose to receive transition services from a private or nonprofit entity that is not contracted with ADCRR if the entity agrees to:
a) provide transition services to an eligible person;
b) be licensed by the Department of Health Services;
c) train mentors or certify that mentors are trained;
d) provide case management and inreach to an eligible person before the person becomes eligible for transition services;
e) provide services to an eligible person that include psychoeducational counseling and case management services;
f) provide physical health and wellness services; and
g) provide information to ADCRR to allow it to conduct its annual study to determine the recidivism rate of eligible persons who receive transition services.
4. Specifies that the counseling and services may include substance abuse treatment, anger management, cognitive behavioral therapy, parenting skills and family reunification training, further education and job placement.
5. Requires the entity providing transition services to also provide:
a) employment, employment assistance and career counseling services;
b) basic academic education, general equivalency diploma preparation and postsecondary education job training;
c) transitional needs, including housing, food or treatment services; and
d) assistance in finding health insurance coverage for the eligible person and, if applicable, medical assistance including assistance in finding necessary medication.
7. Requires a noncontracted entity to be given an opportunity to come back into compliance if ADCRR determines that the noncontracted entity does not comply with outlined requirements.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires ADCRR to require an eligible person to receive transition services from a contracted entity if a noncontracted entity does not comply with outlined requirements.
2. Requires a noncontracted entity to be given an opportunity to come back into compliance if ADCRR determines that the noncontracted entity does not comply with outlined requirements.
Senate Action
JUD 2/9/23 DPA 7-0-0
Prepared by Senate Research
February 10, 2023
ZD/sr