ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session

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HB 2580: prisoners; discharge; transition program

Sponsor:  Representative Allen J, LD 15

Committee on Judiciary

Overview

Requires the Arizona Department of Corrections (ADC) to release 3,500 eligible inmates into a transition program annually and outlines prisoner discharge procedures.

History

The Arizona Department of Corrections (ADC) established a transition program providing eligible inmates with transition services in the community for up to 90 days. ADC administers the transition program and contracts with private and nonprofit entities to provide eligible inmates with transition services. Inmates are eligible to receive these transition services if the following conditions apply to the inmate:

1) Not convicted of certain sexual offenses;

2) Classified by ADC as a low violence risk to the community;

3) Not convicted of certain violent and domestic violent crimes;

4) Have no felony detainers;

5) Agreed in writing to provide specific information after release;

6) Have made satisfactory progress on the individualized correction plan programming;

7) Classified by ADC as a minimum or medium custody as determined by an objective risk assessment; and

8) Not been found in violation of any major violent rule during the period of incarceration or in violation of any major rule within the previous six months. (A.R.S. § 31-281)

ADC may exclude an inmate from the transition program if any of the following conditions apply to the inmate:

1) Previously been convicted of certain violent offenses;

2) A felony detainer;

3) Found in violation of any major violent rule during the period of incarceration or in violation of any major rule within the previous six months;

4) Previously been released under these conditions and violated a term of release;

5) Failed to achieve a functional literacy requirement, unless the inmate is enrolled in a program to achieve functional literacy;

6) Classified by ADC as a close or maximum custody as determined by a current and objective risk assessment; and

7) Refused enrollment or been removed for poor behavior from a major self-improvement program within the previous eighteen months. (A.R.S. § 31-281)

Provisions

1. Requires ADC to designate one day each week as the discharge day for all prisoners who are scheduled to be discharged during that week and inform the prisoner at least one month before the prisoner's discharge date of the prisoner's discharge date. (Sec. 1)

2. Instructs ADC, beginning July 1, 2020, to release 3,500 eligible inmates into a transition program annually. (Sec. 2)

3. Stipulates that if the legislature does not review and determine the minimum number of eligible inmates to be released and enter a transition program once every five years, the ADC director will determine the number of eligible inmates. (Sec. 2)

4. Extends the transition program to July 1, 2030. (Sec. 3)

5. Contains a retroactivity clause of July 1, 2020. (Sec. 3)

6. Contains technical and conforming corrections. (Sec. 2, 3)

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10. Initials LC              Judiciary

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