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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
independent corrections; ombudsman; auditor general
(NOW: corrections; reports; oversight office)
Purpose
Establishes the Independent Correctional Oversight Office (Office) and the Corrections Oversight Fund (Fund) to monitor inmate health and safety and investigate related complaints.
Background
The Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) is charged with encompassing the various institutions, facilities and programs which are now or may become a part of the correctional program of the state and providing the supervisory staff and administrative functions at the state level for all matters relating to the institutionalization, rehabilitation and community supervision functions of adult offenders.
The Director of ADCRR, by December 31 of each year, must submit a report
to the President of the Senate, the Speaker of the House of Representatives,
the minority leaders of the Senate and House of Representatives and the
chairpersons of the Senate and House of Representatives judiciary committees or
their successor committees that include the following:
1) the number of inmate deaths while the inmate was in custody, including suicides,
and the number of suicide attempts while the inmate as in custody; 2) the
number of physical and sexual assaults in custody; 3) the number of inmates who
were placed in administrative segregation or solitary confinement and the
duration of stay in segregation or confinement; 4) the number of facility
lockdowns that lasted longer than 24 hours; 5) the number of staff, the tenure
of each staff member, the staff turnover rate, staff vacancies and staff
compensation at each facility; 6) the number of inmates at each facility; 7)
the inmate-to-staff ratio at each facility; 8) the number of
in-person visits that were made or denied for each inmate at each facility; and
9) the number of inmate complaints or grievances that were submitted to ADCRR,
ADCRR's resolution of the complaint or grievance in accordance with the
administrative remedies process and the amount of time it took ADCRR to resolve
each complaint or grievance (A.R.S. §§ 41-1602 and 41-1604).
The Auditor General must annually review ADCRR's compliance with the following: 1) the Transition Program established by statute; 2) the release and reporting provisions prescribed by statute; 3) the statutory requirement to provide rehabilitation, and the number of inmates who enroll, participate in and complete the ADCRR's rehabilitative self-improvement and treatment programs by institution and a description of each program; 4) the Earned Release Credit Program in accordance with statute; 5) the reporting requirements of the Drug and Alcohol Treatment Programs in accordance with statute; and 6) the ADCRR's own policies regarding industry-recommended reporting guidelines. The Auditor General must annually submit each year a report to the Governor, President of the Senate, Speaker of the House of Representatives, Joint Legislative Audit Committee and Secretary of State containing its findings relating to the prescribed compliance review (A.R.S. § 41-1610.02).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes the Office.
2. Requires the Governor to appoint, subject to consent of the Senate, a qualified person of sound judgement, objectivity and integrity who has experience in corrections-related law and policy to serve as the Director of the Office (Director).
3. Requires the Director to:
a) serve full time and for a term of five year; and
b) be a public officer subject to statute relating to conflict of interest.
6. Requires any vacancy to be filled by similar appointment by the Governor, subject to consent of the Senate, for the remainder of the unexpired term.
7. States that a person is not eligible for appointment as Director if the person or person's spouse meets any of the following criteria:
a) is or has been employed by or participates in the management of a business or other organization that receives monies from ADCRR within the previous 10 years;
b) owns or controls, directly or indirectly, any interest in a business or other organization that received monies from ADCRR within the previous five years;
c) uses or receives any amount of tangible goods, services or monies from ADCRR; or
d) is required to register as a lobbyist of behalf of a profession related to the operation of ADCRR.
8. Requires the Office to:
a) monitor the conditions of confinement and assess ADCRR's compliance with any applicable federal and state rules, policies and best practices that relate to inmate health, safety, welfare and rehabilitation;
b) provide information, as appropriate, to inmates, inmates' family members, inmate representatives, ADCRR employees and contractors and other persons regarding the rights of inmates;
c) promote public awareness and understanding of the rights and responsibilities of inmates;
d) create a secure telephone hotline that is available to all ADCRR employees, contractors and inmates to file complaints and make inquiries regarding issues on their behalf;
e) create secure online forms for all ADCRR employees, inmates and inmates' family members to submit complaints electronically on the Office's website;
f) establish priorities for the use of the Office's limited resources;
g) monitor and participate in any legislative and policy developments affecting correctional facilities in Arizona;
h) establish a statewide uniform reporting system to collect and analyze data related to complaints received by ADCRR;
i) inspect each correctional facility at least once every two years;
j) adopt any rules necessary to implement the duties of the Office;
k) establish procedures to gather stakeholder input into the Office's activities and priorities including scheduling quarterly stakeholder meetings; and
l) submit, by December 31 each year, a report to the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, the Minority Leader of the House of Representatives, the chairpersons of the Senate and House of Representatives' Judiciary Committees or their successor committees.
9. Requires the annual report to include the following:
a) the budget and expenditures of the Office;
b) the number of complaints received and resolved by the Office;
c) a description of significant systemic or individual investigations or outcomes achieved by the Office during the previous year;
d) the number of inmate deaths while the inmate was in custody and the manner and cause of death, if known, including suicides and the number of suicide attempts while the inmate was in custody;
e) the number of inmates with a completed medical power of attorney on file;
f) the number of inmates who were transported for medical treatment or to the emergency room or who were hospitalized while in custody, including the duration of the stay in the emergency room or hospital;
g) the number of drug overdoses, including fatal and nonfatal drug overdoses, per inmate while in custody;
h) the number of inmates who have a mental health assessment score of three or higher or who are designated as seriously mentally ill and the security classification and housing status of each inmate who has a mental health assessment score of three or higher or who is designated as seriously mentally ill, including the number of inmates placed in isolation or restrictive housing for any duration of time in each facility;
i) any outstanding or unresolved concerns or recommendations of the Office; and
j) all of the following information from ADCRR:
i. the number of physical and sexual assaults in custody;
ii. the number of inmates who were placed in restrictive housing, administrative segregation or solitary confinement and the duration of stay in restrictive housing, administrative segregation or solitary confinement in each facility;
iii. the number of facility lockdowns that lasted 24 hours or longer;
iv. the number of staff, the tenure of each staff member, the staff turnover rate, staff vacancies and staff compensation at each facility;
v. the number of inmates at each facility;
vi. the inmate-to-staff ratio at each facility;
vii. the number of in-person visits that were made for each inmate at each facility;
viii. the number of in-person visits that were denied for each inmate at each facility;
ix. the number of inmate complaints or grievances that were submitted to the ADCRR, ADCRR's resolution of the complaint or grievance in accordance with the administrative remedies process and the amount of time it took the ADCRR to resolve each compliant or grievance;
xi. the number of inmates who are housed in a facility or unit with a custody level above or below the inmate’s assigned classification level.
k) the ADCRR's compliance with all of the following:
i. the Transition Program established by statute;
ii. the release and reporting provisions prescribed by statute;
iii. the statutory requirement to provide rehabilitation, and the number of inmates who enroll, participate in and complete the ADCRR's rehabilitative self-improvement and treatment programs by institution and a description of each program;
iv. the Earned Release Credit Program in accordance with statute;
v. the reporting requirements of the Drug and Alcohol Treatment Programs in accordance with statute; and
vi. the ADCRR's own policies regarding industry-recommended reporting guidelines.
11. Allows the Office to initiate and attempt to resolve an investigation on its own initiative or after receiving a complaint from an inmate, inmates' family member, inmate representative, ADCRR employee or contractor or any other person regarding any of the following that may adversely affect inmate health, safety, welfare and rights:
a) abuse or neglect;
b) conditions of confinement;
c) ADCRR decisions or administrative actions;
d) ADCRR inactions or omissions;
e) ADCRR policies, rules or procedures; or
f) alleged violations of law by ADCRR staff.
12. Allows the Office to decline to investigate any complaint.
13. Requires the Office, if it does not investigate a complaint, to notify the complainant in writing of the decision not to investigate and the reasons for the decision.
14. Prohibits the Office from investigating the following complaints:
a) a complaint that relates to an inmate's underlying criminal conviction; or
b) a complaint from an ADCRR employee or contractor that relates to the employee's or contractor's employment relationship with ADCRR unless the complaint relates to inmate health, safety, welfare or rehabilitation.
15. Allows the Office to refer the complainant and others to appropriate resources or state, tribal or federal agencies.
16. Prohibits the Office from levying any fees for the submission or investigation of complaints.
17. Requires the Office to remain neutral and impartial.
18. Prohibits the Office from acting as an advocate for the complainant or ADCRR.
19. Requires the Office, after investigating a complaint, to render a public decision on the merits of each complaint except that the documents supporting the decision are subject to confidentiality requirements.
20. Requires the Office to inform the complainant and ADCRR of the decision.
21. Requires the Office to state the Office's recommendations and reasoning if, in the Office's opinion, ADCRR or any other ADCRR employee or contractor should do any of the following:
a) consider the matter further;
b) modify or cancel any action;
c) alter a rule, practice or ruling;
d) explain in detail the administrative action in question; or
e) rectify an omission.
22. Requires ADCRR, on request from the Office and within the time specified, to inform the Office in writing about any action taken on the recommendations or the reasons for not complying with the recommendations.
a) the Governor;
b) the Attorney General;
c) the President of the Senate;
d) the Speaker of the House of Representatives;
e) the Director of ADCRR; and
f) the Secretary of State.
24. Requires the Office, before announcing a conclusion or recommendation that expressly or implicitly criticizes a person or ADCRR, to consult with that person or ADCRR.
25. Allows the Office to request to be notified by ADCRR, within a specified time, of any action taken on any recommendation presented.
26. States that the Office's action or lack of action on a complaint is not deemed an administrative procedure required for exhaustion or remedies before bringing an action in accordance with federal law or filing a notice of claim in accordance with state law.
27. States that all correspondence and communication between the Office and ADCRR are confidential and privileged.
28. Requires the Office to establish confidentiality rules and procedures for all information maintained by the Office to ensure that the identity of a complainant remains confidential before, during and after an investigation to the greatest extent practicable.
29. Allows the Office to disclose a complainant's identifying information for the sole purpose of carrying out an investigation.
30. Requires the Office, to the extent the Office believes is reasonably necessary, to reveal information obtained in the course of an investigation to prevent reasonably certain death or substantial bodily harm.
31. Allows the Office, to the extent the Office believes is reasonably necessary, to reveal information obtained in the course of an investigation to prevent the commission of a crime.
32. Requires the Office, if it believes it is necessary to reveal information obtained in the course of an investigation, to provide a copy of the intended disclosure to ADCRR for review before releasing the information to any other person or entity.
33. Prohibits the Office, if it receives personally identifying information about a person during the course of an investigation that is determined to be unrelated or unnecessary to the investigation, from further disclosing such information.
34. Requires the Office to have access, in person and with or without prior notice, to:
a) all facilities, including all areas that are used by or are otherwise accessible to inmates, ADCRR staff and contractors;
b) programs for inmates at reasonable times, including access during normal working hours and visiting hours; and
c) any inmate, ADCRR employee or contractor or other person to conduct interviews.
35. States the Office's access is for the purpose of:
a) providing information about individual rights and the services available from the Office, including the name, address and telephone number of the Office facilities or staff; and
b) conducting official inspections.
36. Allows the Office to access, inspect and copy all relevant information, records or documents that are in the possession or control of ADCRR and that the Director considers necessary in an investigation of a complaint filed or to complete any reporting requirements.
37. Requires ADCRR to assist the Office in obtaining the necessary releases for any documents that are specifically restricted or privileged.
38. Requires the designated ADCRR Staff, following notification from the Office with a written demand for access to ADCRR records, to provide the Office with access to the requested documentation no later than 20 business days after the Office's written request for the records.
39. Requires ADCRR, if the request for records pertains to an inmate death, threats of bodily harm, including sexual or physical assaults, or the denial of necessary medical treatment, to provide the records within five days unless the Office contests to an extension of that time frame.
40. Requires the Office to:
a) work with ADCRR to minimize disruption to the operations of ADCRR due to Office activities; and
b) comply with ADCRR's reasonable security clearance processes if these processes do not impede the authorized activities of the Office.
41. Prohibits a civil action from being brought against the Director or the staff of the Office for any action or omission in performing the duties of the Office except for gross negligence or intentional wrongful acts or omissions and conflict of interest violations.
42. Allows a proceeding or decision of the Director to be reviewed in superior court only to determine if it is contrary to the law.
43. Prohibits the Director or the staff of the Office from being required to testify in court regarding matters that come to their attention in the exercise of their duties except as may be necessary to enforce the Office's duties.
44. States that records and files maintained by the Director and the staff of the Office are not public records and are exempt from statutory public records requirements.
45. Eliminates the requirement for ADCRR to submit an annual report to the Legislature relating to prescribed inmate data within its facilities.
46. Repeals
the requirement for the Auditor General to submit an annual statutory
compliance report on ADCRR programs.
48. Requires the Office to administer the Fund.
49. Allows the Director to accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes for the Office.
50. States that monies in the Fund are exempt from lapsing.
51. Defines terms.
52. Becomes effective on the general effective date.
Amendments Adopted by the Regulatory Affairs and Government Efficiency Committee
1. Establishes the Office in the Ombudsman-Citizens Aide, rather than the Office of the Auditor General.
2. Adds, to the Office's annual report, the ADCRR's compliance with all of the following:
a) the Transition Program established by statute;
b) the release and reporting provisions prescribed by statute;
c) the statutory requirement to provide rehabilitation, and the number of inmates who enroll, participate in and complete the ADCRR's rehabilitative self-improvement and treatment programs by institution and a description of each program;
d) the Earned Release Credit Program in accordance with statute;
e) the reporting requirements of the Drug and Alcohol Treatment Programs in accordance with statute; and
f) the ADCRR's own policies regarding industry-recommended reporting guidelines.
3.
Requires the Office to be independent of any supervision or control of
the
Ombudsman-Citizens Aide or by any board or officer of the Ombudsman-Citizens
Aide.
4. Repeals the requirement for the Auditor General to submit an annual statutory compliance report on ADCRR programs.
5. Appropriates $1,500,000 from the state General Fund in FY 2026 to the Office.
6. States that the appropriation is exempt from lapsing.
7. States that the Legislature intends for the appropriation to be considered ongoing funding in future years.
8. Makes technical and conforming changes.
Amendments Adopted by the House of Representatives
1. Renames the Office of the Independent Corrections Ombudsman as the Office.
2. Removes the establishment of the Office under the Ombudsman-Citizen Aide.
3. States that the Director is eligible to receive compensation of a salary within a range determined by the Department of Administration.
4. Specifies that the Legislature may, by concurrent resolution receiving a two-thirds majority vote of the members of each House, remove the Director only for neglect of duty, misconduct or the inability to perform duties.
5. Requires the Director to:
a) serve full time; and
b) be a public officer subject to statute relating to conflict of interest.
6. Adds to the annual report to the Legislature:
a) the manner and cause of a death, if known;
b) the number of inmates with a completed medical power of attorney on file;
c) the number of inmates who were transported for medical treatment or to the emergency room or who were hospitalized while in custody, including the duration of the stay in the emergency room or hospital;
d) the number of drug overdoses, including fatal and nonfatal drug overdoses, per inmate while in custody;
e) the number of inmates who have a mental health assessment score of three or higher or who are designated as seriously mentally ill and the security classification and housing status of each inmate who has a mental health assessment core of three or higher or who is designated as seriously mentally ill, including the number of inmates placed in isolation or restrictive housing for any duration of time in each facility;
f) the number of inmates place in restrictive housing and the duration of stay in restrictive housing in each facility;
g) an overview of ADCRR’s current inmate classification scoring system, including the criteria and scoring matrix used to assign inmate custody levels, and any changes made to the inmate classification scoring system since the last report; and
h) the number of inmates who are housed in a facility or unit with a custody level above or below the inmate’s assigned classification level.
7. Requires ADCRR, by October 31 of each year, to provide the specified information required in the annual report to the Office.
8. Clarifies that the annual report includes the number of inmates who were placed in administrative segregation or solitary confinement and the duration of stay in segregation or solitary confinement in each facility.
9. Allows the Office to refer a complainant and others to appropriate resources or state, tribal or federal agencies.
10. Specifies that the Office, if it believes based on the investigation that there has been or continues to be a significate inmate health, safety, welfare or rehabilitation issue, to report the finding within 10 business days to the Governor, Attorney General, President of the Senate, Speaker of the House of Representatives, Director of ADCRR and Secretary of State.
11. Clarifies that the Office may assess, inspect and copy all relevant information, records or documents that are in the possession or control of ADCRR and that the Director considers necessary in an investigation of a complaint filed or to complete any reporting requirements.
12. Specifies that ADCRR, if a request for records pertains to an inmate death, threats of bodily harm or the denial of necessary medical treatment, must provide the records within five days, rather than 5 business days.
13. Prohibits a civil action from being brought against the Director or the staff of the Office for any action or omission in performing the duties of the Office except for gross negligence or intentional wrongful acts or omissions and conflict of interest violations.
14. Allows a proceeding or decision of the Director to be reviewed in superior court only to determine if it is contrary to law.
15. Prohibits the Director or the staff of the Office from being required to testify in court regarding matters that come to their attention in the exercise of their duties, except as may be necessary to enforce the Office's duties.
16. States that records and files maintained by the Director and the staff of the Office are not public records and are exempt from statutory public records requirements.
17. Removes the authorization for the Office to issue subpoenas to ADCRR for records, documents or data in ADCRR’s possession and for ADCRR staff, contractors or representatives.
18. Eliminates the $1,500,000 appropriation from the state General Fund to the Office.
19. Establishes the Fund consisting of legislative appropriations, federal monies and private grants, gifts, contributions and devises.
20. Requires the Office to administer the Fund.
21. Allows the Director to accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes for the Office.
22. States that monies in the Fund are exempt from lapsing.
23. Makes technical and conforming changes.
Senate Action House Action
RAGE 2/20/25 DPA 7-0-0 GOV 3/26/25 DPA 7-0-0-0
APPROP 2/25/25 DP 9-1-0 3rd Read 6/26/25 46-10-4
3rd Read 3/13/25 23-5-2
Prepared by Senate Research
June 27, 2025
JT/slp