Assigned to JUDE                                                                                                                   FOR COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

FACT SHEET FOR H.B. 2108

communications from inmate; victims' right

Purpose

Expands the prohibition against an inmate sending correspondence to a victim to include any written, verbal or nonverbal communication, rather than just mail, if the victim has requested to not receive such correspondence.

Background

Within 15 days after a defendant is sentenced to the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR), or a juvenile defendant is committed to the Arizona Department of Juvenile Corrections (ADJC), the prosecutor's office must notify the victim of their right, any member of the victim's family or any member of the victim's household to request not to receive mail from the defendant. The notice must contain specified information, including a statement that if a defendant sends any mail after a request by the victim not to receive it, the victim or the members of the victim's family or household have the right to report the incident for sanctions against the defendant.

After receipt of a notice in which a request not to receive mail from a defendant was made, the ADCRR or ADJC must notify the defendant of the request and that sending mail to the victim or family or household members denoted by the victim will result in appropriate sanctions, including reduction or denial of earned release credits and review of all outgoing mail (A.R.S.
§ 8-392.01 and 13-4411.01).

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

Provisions

1. Expands the prohibition against an inmate sending correspondence to a victim, the victim's family or any household member of the victim, to include any written, verbal or nonverbal communication, rather than just mail, if the victim or other qualified party has requested to not receive such correspondence.

2. Defines communication as any written, verbal or nonverbal communication, including mail, electronic communications and telephone calls.

3. Makes technical and conforming changes.

4. Becomes effective on the general effective date.

House Action

JUD                 01/29/25    DP       9-0-0-0

3^rd Read          2/10/25                  55-0-5

Prepared by Senate Research

March 3, 2025

ZD/AW/ci