ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: JUD DP 8-0-0-0 | 3rd Read 28-0-2-0

House: MAPS DP 14-0-0-0 | 3rd Read 53-6-0-0

Final Vote: 19-11-0-0


SB 1526: prisoners; training; individual certificates

Sponsor: Senator Navarrete, LD 30

Transmitted to the Governor

Overview

Allows a prisoner is to receive a certificate when the prisoner successfully completes a training program to work in a specific field or trade. Makes changes to health and medical services offered to female inmates.

History

The Arizona Department of Corrections (ADC) encompasses the various institutions, facilities and programs which are now or may become part of the correctional program of Arizona and provides the supervisory staff and administrative functions at the state level of all matters relating to the institutionalization, rehabilitation and community supervision functions of all adult offenders (A.R.S. § 41-1602).

Work-Based Education (WBE) programs are designed to assist offenders in gaining marketable employment skills. ADC provides WBE instruction to offenders who possess a high school diploma or GED but have no identifiable work or employment skills. WBE programs range from six months to two years in duration.

ADC is required to provide medical and health services to prisoners and establish reasonable medical and health service fees. Each inmate is charged a medical and health services fee for each medical visit or emergency treatment unless specific conditions, such as pregnancy, apply. Inmates may not be refused medical treatment for financial reasons (A.R.S. § 31-201.01).

Current statute prohibits ADC from using restraints on a prisoner during delivery, labor or postpartum recovery unless specific conditions apply. If restraints are used, the corrections official must submit a report within 14 days describing the situation (A.R.S. § 31-601).

Provisions

1.   Requires ADC to provide female inmates with feminine hygiene products upon request without being charged for them. (Sec. 1)

2.   Requires ADC to place a prisoner within 250 miles, when possible, of the prisoner's address if the prisoner is a parent to a minor. (Sec. 2)

3.   Outlines visitation requirements for a prisoner with minor children. (Sec. 2)

4.   Directs ADC to limit male correctional officers from conducting an inspection of a female prisoner in a state of undress whenever possible and submitting a report to the warden within 72 hours of the inspection if such an inspection does occur. (Sec. 2)

5.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteAllows a prisoner who successfully completes a training program that results in certification to work in a specific field or trade to receive an individual certificate that includes:

a)   The prisoner’s name;

b)   The date of the training; and

c)   Information that the prisoner successfully completed the training program and is certified to work in that specific field or trade. (Sec. 3)

6.   Prohibits using restraints on a pregnant prisoner or within 30 days following a child's birth and states if restraints are used, a report must be filed within 72 hours describing the need and circumstances of the situation. (Sec. 5)

7.   Prohibits an unlicensed health care professional from conducting a body cavity search on a pregnant prisoner unless the employee has a reasonable belief the prisoner is concealing contraband and submits a report within 72 hours after the search. (Sec. 5)

8.   Requires ADC to provide:

a)   pregnant prisoners with food and dietary supplements that meet prenatal nutritional guidelines; and

b)   necessary hygiene and nutritional products to a prisoner during the 72 hours following birth and provide the products without cost to an indigent prisoner (Sec. 5)

9.   Restricts ADC from placing a pregnant prisoner or a prisoner who has given birth within 30 days in restrictive housing, unless a specific determination is made and a report is filed within 72 hours on the circumstances. (Sec. 5)

10.  Prohibits ADC from assigning a pregnant prisoner or a prisoner who has given birth within 30 days to a bed more than three feet from the floor. (Sec. 5)

11.  Requires ADC to compile a monthly summary of reports of instances when restraints were used or unlicensed health professionals conducted body cavity searches on pregnant prisoners. (Sec. 5)

12.  Allows a newborn baby to remain with the mother for 72 hours following birth unless medical staff has a reasonable belief the mother poses a health or safety risk to the baby. (Sec. 5)

13.  Requires ADC to develop and provide training on:

a)   topics relating to the mental and physical health of pregnant prisoners for corrections staff; and

b)   prenatal, pregnancy and parenting-related topics to pregnant prisoners. (Sec. 5)

14.  Changes the chapter heading of title 31, chapter 5 from restraints on pregnant prisoners to limited restrictions for pregnant prisoners and prisoners with children. (Sec. 4)

15.  States this act may be cited as the Dignity for Incarcerated Women Act. (Sec. 6)

16.  Defines relevant terms. (Sec. 1, 2)

17.  Makes technical and conforming changes. (Sec. 1, 5)

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21.                    SB 1526

22.  Initials ES/SM/AF/LC       Page 0 Transmitted

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