ARIZONA STATE SENATE

RESEARCH STAFF

KAYTLIN KING

LEGISLATIVE RESEARCH INTERN

ZACK DEAN

LEGISLATIVE RESEARCH ANALYST

MILITARY AFFAIRS, PUBLIC SAFETY AND BORDER SECURITY COMMITTEE

Telephone: (602) 926-3171

TO:                  MEMBERS OF THE SENATE MILITARY AFFAIRS, PUBLIC SAFETY AND BORDER SECURITY COMMITTEE

DATE:            January 22, 2024

SUBJECT:      Strike everything amendment to S.B. 1030, relating to body scanners; correctional facilities

Purpose

Allows an Arizona city or town correctional facility to: 1) request a licensed practitioner to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband; and 2) perform a body scan of an inmate by using low-dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility.

Background

A person commits promoting prison contraband by taking contraband into a correctional facility, conveying contraband to any person confined in a correctional facility or by making, obtaining or possessing contraband while being confined in a correctional facility or while being lawfully transported to correctional facility confinement. A person who has reasonable grounds to believe there has been a violation must report the contraband violation to the official in charge of the facility or to a peace officer.

The Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) or a county jail may request a licensed practitioner to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband. The ADCRR or a county jail may perform a body scan of an inmate by using low-dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility. Promoting prison contraband if the contraband is a deadly weapon, dangerous instrument, explosive, dangerous drug, narcotic drug or marijuana is a class 2 felony. In all other cases, promoting prison contraband is a class 5 felony. Failure to report prison contraband is also a class 5 felony (A.R.S. § 13-2505).

A class 2 felony carries a presumptive sentence of 5 years for first time offenders and a fine of not more than $150,000. A class 5 felony carries presumptive sentence of 1.5 years for first time offenders and a fine of not more than $150,000 (A.R.S. §§ 13-702 and 13-801). 

Correctional facility means any place being used for the confinement or control of a person being charged with or convicted of an offense, being held for extradition, or pursuant to an order of court for law enforcement purposes (A.R.S. § 13-2501).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Allows an Arizona city or town correctional facility to:

a) request a licensed practitioner to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband; and

b) perform a body scan of an inmate by using low-dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility.

2. Makes technical changes.

3. Becomes effective on the general effective date.