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REFERENCE TITLE: private prisoners; transfer |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1445 |
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Introduced by Senators Lopez: Jackson; Representatives Farley, Heinz, Miranda C
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AN ACT
amending section 41-1683, Arizona Revised Statutes; relating to private prisons.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1683, Arizona Revised Statutes, is amended to read:
41-1683. Prisoner identification; notice; civil penalties
A. Private prisons shall maintain current photographs and fingerprints on site of all prisoners who are incarcerated in the facility private prisons in this state.
B. Private prisons that house another state's prisoners or federal prisoners:
1. Shall only house prisoners who are classified as minimum or medium custody according to the state department of corrections classification procedures.
2. Shall not house prisoners who:
(a) Exceed the classification level for the custody level of the private prison.
(b) Have a history of escape or rioting or who have assaulted a peace officer or correctional service officer.
(c) Have been convicted or who have previously been convicted of a sexual offense.
(d) Have been convicted or who have previously been convicted of an offense that if committed in this state would be a class 1 or 2 felony.
(e) Are infected with the human immunodeficiency virus, hepatitis A, B or C or tuberculosis.
3. Shall not release from custody another state's prisoners in this state.
B. C. Before another state transfers prisoners to a Forty-eight hours before transferring other state prisoners or federal prisoners into and out of a private prison in this state, the private prison housing prisoners under incarceration orders from a court of another state shall provide the governor, the director of the department of public safety and the director of the state department of corrections with the following information in writing:
1. The number of prisoners to be transferred.
2. The names and identifying information of the prisoners to be transferred.
3. The date of the transfer.
4. The security level of each prisoner to be transferred, as determined by the sentencing state conviction for which the prisoner is currently confined.
5. The identity of the sentencing state or division of federal court for each prisoner.
6. The federal identification number of each prisoner.
7. The names of the prisoners who are being transferred to another state for release from custody.
C. If one to ten prisoners are transferred into this state, the private prison shall comply with the notification requirements in subsection B at least forty‑eight hours before the prisoners arrive in this state. If eleven or more prisoners are transferred into this state, the private prison shall comply with the notification requirements pursuant to subsection B at least seven days before the prisoners arrive in this state.
D. The private prison shall provide the director of the department of public safety and the director of the state department of corrections with a monthly report of the following:
1. Changes in the prisoner count.
2. Changes in capacity to confine prisoners.
3. Any change in a prisoner's security level after being transferred to this state.
E. The director of the department of administration may impose civil penalties equal to one hundred dollars per day per inmate for each day in which the private prison fails to timely comply with any requirement of this section. This subsection does not preclude this state from pursuing all other equitable remedies that are available at law.
D. F. The information provided pursuant to subsection subsections A, B, paragraphs 2, 3 and 4 shall and C is not be a public record until the transfer of the prisoners is has been completed.
G. The private prison is liable for its operation and the persons under its authority.