SB 1155 — correctional facilities; community notification.

SB1155 - 531R - IS Ver       REFERENCESenate TITLE:Engrossed       State of Arizona Senate Fifty-third Legislature First Regular Session     SENATE BILL 1155       AN ACT   amending section 41‑1604.12, Arizona Revised Statutes;

correctional facilities;

community notification.

      State of Arizona Senate Fifty-third Legislature First Regular Session     SB 1155   Introduced by Senator Barto:

Representatives Allen J, Carter     AN ACT   amending section 41‑1604.12, Arizona Revised Statutes;

B.  The director shall make rules for the government of the community correctional centers in the management of their affairs.  The provisions of Sections 31‑254 and 41‑1624.01 do not apply to compensation received by inmates or parolees assigned to community correctional centers.  Thecenters.  The department is authorized to charge and collect one‑third of any compensation received by an inmate or parolee living at the center for room and board.  The department is further authorized to collect and forward to the court or other person authorized to receive court‑ordered restitution an amount not to exceed one‑third of the compensation received by an inmate or parolee assigned to the center.  Other than for room and board or court‑ordered restitution, compensation of the inmate or parolee received by the department while the inmate or parolee is assigned to the center shall be credited to the inmate's or parolee's account.

E.  Prior to Before incurring any obligation for the establishment or any significant change of use of a community correctional center, the department shall give at least sixty days' written notice to the governing body of the county for an unincorporated area, city or town and school district affected.  The county, city or town and school district may contest establishment of a community correctional center by written objection filed with the department within thirty days after receiving notice, and may request a hearing to be conducted by the department pursuant to chapter 6, article 6 of this title notice pursuant to section 41‑1604.19.

definitiondefinitions A.  Before incurring any obligation for the establishment of any correctional facility or any significant change of use of a correctional facility, the department shall give at least sixty days' written notice to all of the following:

1.  Each realhousehold, property owner, as shownlisted onin the lastcounty assessmentassessor's ofonline thedatabase, property, within a ten‑miletwo-mile radius of the proposed site or of the site for which the significant change of use is proposed.proposed.  The two-mile radius excludes any natural or man-made feature that prevents parcels of land from being practically and reasonably united.  The notice provided pursuant to this paragraph may be provided by means other than written communication.

5.  The state senator and the state representatives whose legislative district includes the proposed site or the site for which the significant change of use is proposed.

6.  Each state senator and state representative whose legislative district is located within twofive miles of the proposed site or of the site for which the significant change of use is proposed.

7.  Each member of the county board of supervisors if the proposed site or the site for which the significant change of use is proposed is in an unincorporated area or each member of the governing body of the city or town in which the proposed site or the site for which the significant change of use is proposed is located.

8.  Each member of the governing board of the local school district in which the proposed site or the site for which the significant change of use is proposed is located.

9.  The superintendent of the local school district in which the proposed site or the site for which the significant change of use is proposed is located.

10.  Each member of the governing board of any charter school that is located within a ten‑milefive‑mile radius of the proposed site or the site for which the significant change of use is proposed.

11.  The operator of any private school that is located within a ten‑milefive‑mile radius of the proposed site or the site for which the significant change of use is proposed.

12.  The operator of any day care center that is located within a ten‑milefive‑mile radius of the proposed site or the site for which the significant change of use is proposed.

B.  TheB.  On noticerequest, requiredthe pursuantdepartment of education, the county school superintendent's office or any other governmental entity that may have the information shall provide to subsectionthe Astate department of thiscorrections sectionan mustaccurate includelist all of charter schools and private schools within the following:boundaries prescribed in subsection A, paragraphs 10 and 11 of this section.

C.  On request, the department of health services or any other governmental entity that may have the information shall provide to the state department of corrections an accurate list of day care centers within the boundaries prescribed in subsection A, paragraph 12 of this section.

D.  Any party that receives notice under subsection A, paragraph 7, 9 or 11 may use existing means of communication to distribute the notice to members of the party's community.  These means of communication may include social media, text messages, notices with monthly utility bills, e-mails or websites.

E.  The department may work with other governmental entities to meet the notice requirements of this section.

F.  The notice required pursuant to subsection A of this section must include all of the following:

C.  The3.  The departmentdate, shalltime postand a sign that is at least four feet by eight feet in a conspicuous location on the proposed site or on the site for which the change of use is proposed for fifteen calendar days before the public hearing that is required pursuantby to subsection DH of this section. section. The sign shall give notice of the date, time and location of the hearing.

D.  TheG.  The department shall holdpost a hearingsign inthat theis countyat forleast anfour unincorporatedfeet areaby oreight feet in thethree cityconspicuous orlocations town in which the potentialpublic siteis ormost thelikely siteto forobserve which the changesign of use for afifteen correctionalcalendar facilitydays isbefore proposed is located.  The department shall publish a notice of the public hearing inthat ais newspaperrequired ofpursuant generalto circulationsubsection inH theof areathis atsection.  leastThe tensign days before the hearing.  After the public hearing, the department shall makegive anotice finalof site determination for the correctionaldate, facilitytime orand alocation final determination on the change of use for the correctionalhearing. facility.

E.  ForH.  The department shall hold a hearing in the purposescounty for an unincorporated area or in the city or town in which the potential site or the site for which the significant change of thisuse section:for a correctional facility is proposed is located.  The department shall publish a notice of the public hearing in a newspaper of general circulation in the area at least ten days before the hearing.  After the public hearing, the department shall make a final site determination for the correctional facility or a final determination on the significant change of use for the correctional facility.

1.  "ChangeI.  Any person that receives notice pursuant to this section may contest the establishment of use"any includes:correctional facility or any significant change of use of a correctional facility by written objection filed with the department within thirty days after the public hearing and may request a hearing to be conducted pursuant to chapter 6, article 6 of this title.

(a)  ToJ.  For transferthe adultpurposes prisonersof tothis asection: juvenile correctional facility.

(b)  To1.  "Correctional convertfacility" anmeans: existing correctional facility into a different type of correctional facility.

(c)  To convert a nonprivate prison into a private prison.

(d)  To transfer medium security level prisoners to a correctional facility that houses minimum security level prisoners.

2.  "Correctional facility" means:

2.  "Establishment" includes the construction or renovation of or significant change of use for a correctional facility or the introduction of adult inmates or offenders into a juvenile correctional facility.

3.  "Significant change of use" means to reduce the security level of a correctional facility or to transfer adult offenders to a secure care facility that previously housed committed youth.

E.  Before incurring any obligation for the establishment or any significant change of use of any private incarceration facility, the department shall give at least sixty days' written notice to all of the following:

B.  The director shall make rules for the government of the community correctional centers in the management of their affairs.  The provisions of Sections 31‑254 and 41‑1624.01 do not apply to compensation received by inmates or inmates placed on community supervision assigned to community correctional centers.  The department is authorized to charge and collect one‑third of any compensation received by an inmate or an inmate placed on community supervision living at the center for room and board.  Theboard.  The department is further authorized to collect and forward to the court or other person authorized to receive court ordered restitution an amount not to exceed one‑third of the compensation received by an inmate or an inmate placed on community supervision assigned to the center.  Othercenter.  Other than for room and board or court ordered restitution, compensation of the inmate or an inmate placed on community supervision received by the department while the inmate or an inmate placed on community supervision is assigned to the center shall be credited to the inmate's or an inmate placed on community supervision's account.

E.  Prior to Before incurring any obligation for the establishment or any significant change of use of a community correctional center, the department shall give at least sixty days' written notice to the governing body of the county for an unincorporated area, city, town and school district affected.  The county, city, town and school district may contest establishment of a community correctional center by written objection filed with the department within thirty days after receiving notice and may request a hearing pursuant to chapter 6, article 6 of this title notice pursuant to section 41‑1604.19.