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REFERENCE TITLE: inmates; medical institution; release |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1295 |
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Introduced by Senators Fernandez: Angius, Dunn, Kavanagh, Payne
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AN ACT
Amending Title 31, chapter 2, article 2, Arizona Revised Statutes, by adding section 31-243; relating to prisoners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
31-243. Inmate medical release to medical institution; eligibility; definitions
A. Notwithstanding any other law, the director may release an inmate from custody for placement in a medical institution that is UNDER contract with this state to exclusively provide medical care to an inmate who is released by the department if the inmate and the director receive written confirmation from the arizona health care cost containment system administration that the inmate qualifies as an eligible person for enrollment in the arizona long-term care system pursuant to title 36, chapter 29, article 2.
B. The medical institution that is contracted to care for inmates pursuant to this section shall allow inmates within the medical institution's care to have freedom of movement and association within the medical institution and to use the medical institution's internal community resources. The medical institution may not place movement or association limits on an inmate within the medical institution based on the inmate's status as an inmate unless the medical INSTITUTION finds that increased supervision or care is needed due to the inmate's medical condition or age.
C. The director of the state department of corrections may work with one or more designees who are employed by the state department of corrections to facilitate the release of an inmate to a medical institution. The director shall base the DECISION to release an INMATE on an assessment of the inmate's financial and medical eligibility for the arizona long-term care system that is made by the director of the arizona health care cost containment system administration or the director's designee.
D. The director of the state department of corrections or the director's designee shall establish a process for An inmate or an interested party to submit a request to determine the inmate's preliminary baseline eligibility for release to a medical institution. The baseline eligibility determination is separate from the eligibility determination for the arizona long-term care system and is meant to establish only the inmate's preliminary baseline eligibility for release to a medical institution.
E. Within thirty days after receiving a request for release pursuant to subsection D of this section, the director or the director's designee shall notify the inmate or interested party who makes the request if the inmate meets the preliminary baseline eligibility requirements for the Arizona long-term care system. A determination that an inmate meets the preliminary baseline eligibility REQUIREMENTS is not an assurance that the inmate will qualify for the Arizona long-term care system. Once an inmate's preliminary baseline eligibility is determined, the inmate shall coordinate with the Arizona health care cost containment system administration for further evaluation to determine the inmate's eligibility for the Arizona long-term care system.
F. An inmate who applies for release to the Arizona long-term care system may not receive covered services until the INMATE is released to a medical institution.
G. Within fifteen days after the department receives a written determination from the Arizona health care cost containment system administration that the inmate is eligible and qualifies for enrollment as an eligible person for the arizona long-term care system, the director shall inform the inmate of the inmate's eligibility for release to a medical institution.
H. After an inmate is determined to be eligible for medical release to a medical institution pursuant to this section, The department, on request of the victim of the offense for which the inmate was incarcerated, shall notify the victim. the notice must include the date of the inmate's release and the address of the medical institution where the inmate will be residing.
I. If the inmate no longer meets the eligibility requirements for enrollment in the arizona long-term care system, the inmate shall be returned to the custody of the department.
J. For the purposes of this section:
1. "baseline ELIGIBILITY" means a determination that the inmate meets the following requirements:
(a) Is at least sixty-five years of age, blind or has a disability.
(b) Is a united States citizen or a qualified immigrant.
(c) Has a social security number or is eligible to apply for a social security number.
(d) Is a resident of this state.
2. "disability":
(a) Means a medically determinable physical or mental impairment that meets all of the following:
(i) Results in the inmate's inability to do any substantial gainful activity.
(ii) Can be expected to result in death.
(iii) Has lasted for or can be expected to last for a continuous period of at least twelve months.
(b) Includes Emotional or learning impairments.
3. "eligible person" has the same meaning prescribed in section 36-2931.
4. "medical institution" means an assisted living facility or health care institution as defined in section 36-401 that has contracted with this state to provide care.