SB1126 - 522R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 31-254, Arizona Revised Statutes, is amended to read:

START_STATUTE31-254. Compensation for labor performed; price of prison made articles; distribution of earnings; workers' compensation

A. Each prisoner who is engaged in productive work in any state prison or institution under the jurisdiction of the department or a private prison under contract with the department as a part of the prison industries program shall receive for the prisoner's work the compensation that the director determines. The compensation shall be in accordance with a graduated schedule based on quantity and quality of work performed and skill required for its performance but shall not exceed one dollar fifty cents per hour unless the prisoner is employed in an Arizona correctional industries program pursuant to title 41, chapter 11, article 3. If the director enters into a contract pursuant to section 41‑1624.01 with a private person, firm, corporation or association the director shall prescribe prisoner compensation of at least two dollars per hour. Compensation shall not be paid to prisoners for attendance at educational training or treatment programs, but compensation may be paid for work training programs.

B. Whenever a price is fixed for any article, material, supply or service to be produced, manufactured, supplied or performed in connection with the industries program of the department, the compensation paid to prisoners shall be included as an item of cost in fixing the price.

C. The compensation of prisoners shall be paid out of the fund established pursuant to section 41‑1624 or out of funds appropriated for that purpose by the legislature when required.

D. If the compensation due a prisoner is less than two dollars per hour, mandatory deductions shall be taken for the following purposes in the order specified:

1. Twenty‑five percent of the prisoner's gross wages until the prisoner's dedicated discharge account registers a one hundred dollar balance or, if the prisoner is serving a sentence of natural life, a fifty dollar balance.

2. If the prisoner initiates a lawsuit, twenty percent from all deposits to the prisoner's spendable account until the court fees are collected in full.

3. If the prisoner was not convicted of a violation of title 28, chapter 4, Five percent of the prisoner's gross wages shall be used exclusively to fund the transition program established by section 31‑281. All monies collected under this paragraph shall be deposited, pursuant to sections 35‑146 and 35‑147, in the transition program fund established by section 31‑284.

4. Thirty percent of the prisoner's wages for court ordered dependent care.

E. If the compensation due a prisoner equals or exceeds two dollars per hour, the director shall credit to the prisoner's spendable account established pursuant to section 31‑230 an amount equaling fifty cents per hour for each hour compensation is due plus ten percent of the adjusted balance remaining after the mandatory deductions are taken. Mandatory deductions shall be taken for the following purposes in the order specified:

2. If the prisoner initiates a lawsuit, twenty percent from all deposits to the prisoner's spendable account until the court costs are collected in full.

3. If the prisoner was not convicted of a violation of title 28, chapter 4, Five percent of the prisoner's gross wages to fund the transition program established by section 31‑281. All monies collected under this paragraph shall be deposited, pursuant to sections 35‑146 and 35‑147, in the transition program fund established by section 31‑284.

4. Thirty percent of the prisoner's wages for the room and board costs of maintaining the prisoner at the facility.

5. Thirty percent of the prisoner's wages for court ordered dependent care.

F. After the mandatory deductions and obligations are paid by the prisoner, the remaining monies shall be credited to the prisoner's retention account established by the director pursuant to section 31‑261, subsection B.

G. A prisoner may gain access to the prisoner's trust fund or retention account for emergency purposes at the sole discretion of the director.

H. Any monies not expended from the contributing prisoner's trust fund or retention account for the purposes prescribed in subsection E of this section shall be paid to the prisoner on release pursuant to section 31‑228.

I. If any prisoner escapes, the director shall determine what portion of the prisoner's earnings shall be forfeited, and the forfeited amount shall be deposited in the special services fund established by section 41‑1604.03.

J. This section is not intended to restore, in whole or in part, the civil rights of any prisoner. A prisoner who is compensated under this section shall not be considered to be an employee of or employed by this state, the department or any private person, firm, corporation or association engaged in a contract pursuant to section 41‑1624.01, and the prisoner does not come within any of the provisions of the workers' compensation provided in title 23, chapter 6 and is not entitled to any benefits under title 23, chapter 6 whether on behalf of the prisoner or of any other person. This subsection does not apply to prisoners who are employed pursuant to a federally certified prison industry enhancement program established pursuant to section 41‑1674. END_STATUTE

Sec. 2. Section 31-281, Arizona Revised Statutes, is amended to read:

START_STATUTE31-281. Transition program; report; definition

A. The department shall establish a transition program. The department shall administer the transition program and contract with private or nonprofit entities to provide eligible inmates with transition services and shall procure transition services pursuant to title 41, chapter 23.

B. The director shall adopt rules to implement this article. The rules shall include:

1. Eligibility criteria for receiving a contracted entity's transition services. To be eligible, at a minimum, an inmate shall:

(a) Not have been convicted of a violation of sexual offense pursuant to title 13, chapter 14 or a violation of title 13, chapter 17 or title 28, chapter 4.

(b) Be classified by the state department of corrections as a low risk to the community.

(c) (b) Not have been convicted of a violent crime as defined in section 13-901.03 or a domestic violence offense pursuant to section 13-3601.

(d) Have a nonviolent risk score as determined by the department.

(e) (c) Not have any felony detainers.

(f) (d) Agree in writing to provide specific information after the inmate is released. The department shall use the information to prepare the report prescribed by subsection D, paragraph 3 of this section.

(g) Have made satisfactory progress on the inmate's individualized corrections plan as determined by the department.

(h) Have maintained civil behavior while incarcerated as determined by the department.

(i) Be current on restitution payments pursuant to section 31‑254.

(j) Have a need and ability to benefit from the program as determined by the department.

2. A requirement that each contracted entity train mentors or certify that mentors are trained.

3. A requirement that the services that may be offered to an inmate include psychoeducational counseling and case management services. The counseling and services may include substance abuse treatment, anger management, cognitive skills training, parenting skills and family reunification training, further education and job placement.

4. The criteria for inmates to participate in a three month three‑month early release program. Inmates are not required to receive an early release who receive an early release under the transition program shall receive all services while in the community and on community corrections during the three months.

5. A requirement that an inmate may be released pursuant to this article only after the victim has been provided notice and an opportunity to be heard. The department shall provide notice to a victim who has provided a current address or other contact information. The notice shall inform the victim of the opportunity to be heard on the early release. Any objection to the inmate's early release must be made within twenty days after the department has mailed the notice to the victim.

6. The opportunity for a contracted entity to:

(a) Provide inmates with information about the transition program.

(b) Obtain information from eligible inmates on any transition‑related needs before the inmate is released under a transition program.

C. In awarding contracts under this section the department shall comply with section 41‑3751.

D. The department shall:

1. Conduct an annual study to determine the recidivism rate of inmates who receive a contracted entity's services pursuant to this article. The study shall include the recidivism rate of inmates who have been released from incarceration for a minimum of three years after receiving a contracted entity's services.

2. Evaluate the inmate and provide the information to the contracted entity.

3. Submit a written report to the governor, the president of the senate and the speaker of the house of representatives on or before July 31 of each year and provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records. The report shall contain the following information:

(a) The recidivism rate of inmates who receive services pursuant to this article, including the recidivism rate of inmates who have been released from incarceration for a minimum of three years after receiving the services.

(b) The number of inmates who received services pursuant to this article.

(c) The number of inmates who were not provided services pursuant to this article and who were on a list waiting to receive services.

(d) The types of services provided.

(e) The number of inmates who received each type of service provided.

E. The department may not exclude an inmate from a transition program because of a low score in an educational evaluation that is given pursuant to section 31-229.

F. For the purposes of this section, "recidivism" means reincarceration in the department for any reason. END_STATUTE

Sec. 3. Section 31-287, Arizona Revised Statutes, is amended to read:

START_STATUTE31-287. Program termination

The transition program established by this article ends on July 1, 2018 2020 pursuant to section 41‑3102. END_STATUTE

Sec. 4. State department of corrections; target number of inmates in transition program for fiscal years 2016‑2017 and 2017‑2018

A. In fiscal year 2016‑2017, the state department of corrections shall have a target number of three thousand five hundred eligible inmates in the transition program established by section 31‑281, Arizona Revised Statutes, as amended by this act.

B. In fiscal year 2017‑2018, the state department of corrections shall have a target number of five thousand eligible inmates in the transition program established by section 31‑281, Arizona Revised Statutes, as amended by this act.