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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
prisoners; transition program; eligibility
Purpose
Establishes additional conditions with which an inmate must comply in order to be eligible for the 90-day transition program offered by the Arizona Department of Corrections (ADC).
Background
Inmates can be released from prison 90 days earlier than the earliest release date of their term of imprisonment if they are accepted into and complete the transition program. If an inmate has been convicted of possession or use of marijuana, a dangerous drug, a narcotic drug or drug paraphernalia and is not concurrently serving another sentence for a different offense, the inmate is eligible for the transition program. The Director of ADC (Director) is required to exclude an inmate who has: 1) previously been convicted of a violent crime; 2) a felony detainer; 3) been found to be in violation of any major violent rule during the inmate's current period of incarceration or in violation of any other major rule in the previous six months; or 4) previously been released and violated a term of release (A.R.S. § 31-281).
ADC contracts with private or nonprofit entities to provide the transition services. Transition services include: 1) placement in employment, employment assistance and career counseling; 2) basic academic education, general equivalency diploma preparation and postsecondary education job training; 3) transitional needs, including housing, food or treatment services; 4) assistance in finding health insurance coverage and, if applicable, medical assistance, including assistance in finding necessary medication; and 5) mentoring services. In addition, contracted entities are required to coordinate with ADC to assist in the placement of eligible persons in training programs which may include basic or continuing education courses, anger management, communication skills, drug treatment, alcohol treatment, character education or family reunifications (A.R.S. § 31-282).
Statute requires ADC to establish conditions of community supervision that are in the best interests of both the community and the inmate. An inmate is eligible to be released to begin their term of community supervision on the inmate's earned release date if the inmate has achieved eighth-grade functional literacy. The Director can require drug treatment, educational programs, rehabilitation, restitution work, counseling, and application for health care as conditions for community supervision (A.R.S. § 41-1604.07).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds all the following as disqualifiers from the 90-day transition program:
a) failure to achieve functional literacy at an eighth-grade level;
b) classification as close or maximum custody as determined by a current and objective risk assessment; and
c) refusal to enroll in or having been removed from a major self-improvement program for bad behavior within the previous 18 months, unless the inmate has enrolled in and completed the major self-improvement program.
2. Stipulates that failing to achieve functional literacy does not exclude an inmate from the transition program if the inmate is enrolled in a program preparing them to achieve functional literacy.
3. Requires an inmate convicted of possession or use of certain drugs or narcotics to comply with any statutorily established condition of community supervision to be eligible for the transition program.
4. Makes a technical change.
5. Becomes effective on the general effective date.
House Action
PS 2/6/19 DPA 7-0-0-0
3rd Read 2/14/19 60-0-0
Prepared by Senate Research
March 1, 2019
ZD/HB/gs