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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
fingerprinting; personnel; committed youth; contact.
Purpose
Expands mandatory fingerprinting, criminal history records checks and disclosure of outlined criminal offenses required for direct contact with committed youth under the jurisdiction of the Arizona Department of Juvenile Corrections (ADJC) to include volunteers and visitors, immediately terminates of a contract for an employee's noncompliance and restricts a rehabilitated individual to supervised direct contact with committed youth.
Background
The purpose of ADJC is the supervision, rehabilitation, treatment and education of all committed youth (A.R.S. § 41-2802). All ADJC employees and contract service providers that provide services primarily on ADJC premises are required to submit: 1) fingerprints to be used in a criminal history records check; and 2) a form provided by ADJC notifying whether they are awaiting trial on, have ever been convicted of or committed any of a variety of outlined criminal offenses in Arizona or similar offenses in another state or jurisdiction. Employment with ADJC is conditioned on the results of the fingerprint check.
A paid or unpaid employee of a licensee or contract provider who has direct contact with committed youth must have a valid fingerprint clearance card or apply for a fingerprint clearance card within seven days of beginning employment. A service contract or license with any contract provider or licensee that involves direct contact with committed youth may be canceled or terminated immediately if the person does not possess or is denied issuance of a valid fingerprint clearance card or certifies that the person is awaiting trial on or has been convicted of an outlined criminal offense. The Director of ADJC (Director) may allow a paid or unpaid employee of a licensee or contract provider who has been convicted of certain drug-related or driving under the influence offenses to have direct contact with committed youth if the Director determines that the employee is successfully rehabilitated (A.R.S. § 41-2814).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the following individuals who have unsupervised direct contact with committed youth inside a secure care facility under the jurisdiction of ADJC to be fingerprinted and undergo a criminal history records check:
a) each ADJC employee;
b) any licensee or service contract provider;
c) each employee of any licensee or service contract provider; and
d) each volunteer.
2. Requires ADJC employees, licensees or service contract providers, employees of a licensee or service contract provider and volunteers to submit fingerprints and the prescribed form within 10 days before the date of unsupervised contact with committed youth, rather than 7 days before the date of employment.
3. Asserts that unsupervised direct contact with committed youth inside a secure care facility under the jurisdiction of ADJC, rather than employment with ADJC, is conditioned on the results of the fingerprint check.
4. Subjects, to a criminal history records check, each contractor and licensee, employee of a licensee or contract service provider, volunteer and visitor who has supervised direct contact with committed youth inside a secure care facility under the jurisdiction of ADJC.
5. Asserts that a person's entry into a secure care facility under the jurisdiction of ADJC is conditioned on the results of the criminal history records check.
6. Requires a paid or unpaid employee of a licensee or contract service provider who has direct contact with committed youth outside of a secure care facility to submit the prescribed form and have a valid fingerprint clearance card or apply for a fingerprint clearance card within seven days after beginning employment.
7. Asserts that direct contact with committed youth outside of a secure care facility under the jurisdiction of ADJC is conditioned on the results of fingerprint and criminal history records check.
8. States that a contract or license with any contract service provider or licensee is subject to immediate cancellation or termination, rather than may be canceled or terminated immediately, if a paid or unpaid employee of the provider or licensee who has direct contact with committed youth:
a) certifies on the prescribed form that the individual is awaiting trial on, has ever been convicted of or has attempted or committed any of the outlined criminal offenses in Arizona or similar offenses in another state or jurisdiction; or
b) is required to possess a valid fingerprint clearance card and does not possess or is denied issuance of a valid fingerprint clearance card.
9. Requires the following individuals to certify on the prescribed form whether the individual is awaiting trial on, has ever been convicted of or has attempted or committed any of the outlined criminal offenses in Arizona or similar offenses in another state or jurisdiction:
a) each ADJC employee, licensee or service contract provider, employee of a licensee or service contract provider, volunteer and visitor who has direct contact with committed youth; and
b) each paid or unpaid employee of a licensee or contract service provider who has direct contact with committed youth outside of a secure care facility.
10. Modifies the prescribed form to include certifying whether the individual has attempted any of the outlined criminal offenses and adds the following as outlined criminal offenses:
a) the sexual harassment of a minor;
b) any offense, rather than felony offenses, involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs; and
c) any offense, rather than felony offenses, involving the possession or use of marijuana, dangerous drugs or narcotic drugs.
11. Removes requiring the prescribed form to be notarized.
12. Prohibits ADJC from allowing a ADJC employee, licensee, service contract provider, paid or unpaid licensee or service contract provider employee, volunteer or visitor who is awaiting trial on or who has committed, attempted or been convicted of an outlined felony offense to have supervised or unsupervised direct contact with committed youth.
13. Modifies the authority of the Director to allow employees convicted of certain drug-related or driving under the influence offenses who the Director determines to be successfully rehabilitated to have direct contact with committed youth by:
a) including any ADJC employee, licensee, service contract provider, paid or unpaid licensee or service contract provider employee, volunteer or visitor, rather than a paid or unpaid employees of a licensee or contract service provider;
b) including, as qualifying offenses, arson, burglary, aggravated or armed robbery, robbery, manslaughter, assault or aggravated assault, any offense involving domestic violence and any offense involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs; and
c) allowing the rehabilitated individual to have supervised direct contact with committed youth, rather than direct contact.
14. Defines direct contact as supervised or unsupervised contact with committed youth.
15. Defines supervised as in the presence of an ADJC employee.
16. Defines unsupervised as outside the presence of an ADCJ employee.
17. Makes technical and conforming changes.
Becomes effective on the general effective date.
House Action
PSLE 2/17/25 DPA 13-0-0-2
3rd Read 3/4/25 58-0-2
Prepared by Senate Research
March 17, 2025
KJA/mg