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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
correctional facilities; body scanners
Purpose
Allows a political subdivision of Arizona to: 1) request a licensed practitioner to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband; and 2) perform a body scan of an inmate by using low-dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility.
Background
A person commits promoting prison contraband by taking contraband into a correctional facility, conveying contraband to any person confined in a correctional facility or by making, obtaining or possessing contraband while being confined in a correctional facility or while being lawfully transported to correctional facility confinement. A person who has reasonable grounds to believe there has been a violation is required to report the contraband violation to the official in charge of the facility or to a peace officer (A.R.S. § 13-2505).
The Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) or a county jail may request a licensed practitioner to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband. The ADCRR or a county jail may perform a body scan of an inmate by using low-dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility. Promoting prison contraband if the contraband is a deadly weapon, dangerous instrument, explosive, dangerous drug, narcotic drug or marijuana is a class 2 felony. In all other cases promoting prison contraband is a class 5 felony. Failure to report prison contraband is also a class 5 felony (A.R.S. § 13-2505).
A class 2 felony carries a presumptive sentence of 5 years for first time offenders and a fine of not more than $150,000. A class 5 felony carries presumptive sentence of 1.5 years for first time offenders and a fine of not more than $150,000 (A.R.S. §§ 13-702 and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a political subdivision of Arizona to:
a) request a licensed practitioner to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband; and
b) perform a body scan of an inmate by using low-dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 12, 2024
ZD/KK/cs