Assigned to GOV                                                                                                 FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR H.B. 2793

DOC; peace officer status

Purpose

            Grants Arizona Department of Corrections (ADC) and Arizona Department of Juvenile Corrections (ADJC) employees, who are Arizona Peace Officer Standards and Training Board (AzPOST) certified, peace officer status. 

Background

            ADC’s mission is to serve and protect the people of Arizona by imprisoning those offenders legally committed to ADC and by providing community based supervision for those conditionally released. ADC’s responsibilities not only include the incarceration of tens of thousands of inmates in prisons located all over the state and in private facilities out of state, but also the supervision of inmates who have been paroled or statutorily released from prison before their entire sentence has been served. 

            Statute authorizes the ADC Director to appoint an ADC employee to peace officer status for purposes of guarding, transporting or pursuing person under ADC jurisdiction and for purposes of investigating or arresting persons who commit or attempt to commit offenses directly relating to ADC operations.  Statute only recognizes the peace officer status of these investigators while they are engaging in activities directly related to ADC. 

            According to ADC, the department has 80 employees who are AzPOST certified and are recognized as peace officers for limited circumstances.  ADC has been asked by various law enforcement agencies for investigative support but the statute precludes the investigators from assisting. 

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

Provisions

1. Expands the definition of “peace officer” to include personnel employed by ADC or ADJC who are AzPOST certified.

2. Allows ADC and ADJC employees to be recognized as peace officers while engaging in investigating or arresting persons outside of ADC.

3. Makes technical changes.

4. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Removes the peace officer status limitation for ADJC employees.

House Action Senate Action

GRGFA          2/22/06   DPA   7-0-0                         GOV               3/30/06     DPA     5-0-1

PIR                  2/28/06   W/D

3^rd Read           3/15/06              54-0-5

Prepared by Senate Research

March 31, 2006

NS/ac