Arizona 56th Legislature - First Regular Session Status: To Executive

SB 1091 — prisoners; transition services; noncontracted entities

Last action — FAILED

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Katie Hobbs (Democratic) on April 18, 2023.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

157 added · 163 removed

Plain-language change summary

The recent changes to the bill SB 1091 allow non-contracted private or nonprofit entities to provide transition services to eligible inmates, broadening the options beyond just contracted providers. Additionally, the requirement that inmates must choose these services has been removed, enabling a more streamlined access to support. These adjustments matter because they enhance the flexibility and availability of transitional support for inmates, which can help reduce recidivism and aid in their reintegration into society.

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House Engrossed Senate Bill prisoners;
Senate Engrossed prisoners;
The department shall administer the transition program and DO BOTH OF THE FOLLOWING:
The department shall administer the transition program and EITHER:
AT THE ELECTION OF THE ELIGIBLE INMATE, ALLOW NONCONTRACTED PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE PROVIDERS THAT MEET THE REQUIREMENTS PRESCRIBED IN SECTION 31-283 TO PROVIDE ELIGIBLE INMATES WITH TRANSITION SERVICES.
ALLOW NONCONTRACTED PRIVATE OR NONPROFIT ENTITIES TO PROVIDE ELIGIBLE INMATES WITH TRANSITION SERVICES.
The counseling and services may include substance abuse treatment, anger management, cognitive behavioral therapy, parenting - 1 - S.B.
The counseling and services may include substance abuse treatment, anger management, cognitive behavioral therapy, parenting skills and family reunification training, further education and job placement.
1091 skills and family reunification training, further education and job placement.
- 1 - S.B.
4.
1091 4.
A REQUIREMENT THAT AN INMATE MUST USE A CONTRACTED ENTITY TO PROVIDE TRANSITION SERVICES UNLESS THE ELIGIBLE INMATE CHOOSES A NONCONTRACTED PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE PROVIDER TO PROVIDE TRANSITION SERVICES PURSUANT TO SECTION 31-283.
A REQUIREMENT THAT AN INMATE MUST USE A CONTRACTED ENTITY TO PROVIDE TRANSITION SERVICES UNLESS THE ELIGIBLE INMATE CHOOSES A NONCONTRACTED PRIVATE OR NONPROFIT ENTITY TO PROVIDE TRANSITION SERVICES PURSUANT TO SECTION 31-283.
- 2 - S.B.
E.
1091 E.
Notwithstanding subsection B, paragraph 1 of this section, if an inmate agrees to comply with any condition that is established and required by section 41-1604.07, subsection F, has been convicted of the - 2 - S.B.
Notwithstanding subsection B, paragraph 1 of this section, if an inmate agrees to comply with any condition that is established and required by section 41-1604.07, subsection F, has been convicted of the possession or use of marijuana pursuant to section 13-3405, subsection A, paragraph 1, possession or use of a dangerous drug pursuant to section 13-3407, subsection A, paragraph 1, possession or use of a narcotic drug pursuant to section 13-3408, subsection A, paragraph 1 or possession or use of drug paraphernalia pursuant to section 13-3415, subsection A and is not concurrently serving another sentence for an offense that is not listed in this subsection, the inmate is eligible for and shall be released to enter the transition program.
1091 possession or use of marijuana pursuant to section 13-3405, subsection A, paragraph 1, possession or use of a dangerous drug pursuant to section 13-3407, subsection A, paragraph 1, possession or use of a narcotic drug pursuant to section 13-3408, subsection A, paragraph 1 or possession or use of drug paraphernalia pursuant to section 13-3415, subsection A and is not concurrently serving another sentence for an offense that is not listed in this subsection, the inmate is eligible for and shall be released to enter the transition program.
Noncontracted behavioral health service providers;
Noncontracted entities;
THE DEPARTMENT SHALL ALLOW AN ELIGIBLE PERSON TO CHOOSE TO RECEIVE TRANSITION SERVICES FROM A PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE PROVIDER THAT IS NOT CONTRACTED WITH THE DEPARTMENT PURSUANT TO SECTION 31-282 IF THE PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE - 3 - S.B.
THE DEPARTMENT SHALL ALLOW AN ELIGIBLE PERSON TO CHOOSE TO RECEIVE TRANSITION SERVICES FROM A PRIVATE OR NONPROFIT ENTITY THAT IS NOT CONTRACTED WITH THE DEPARTMENT PURSUANT TO SECTION 31-282 IF THE PRIVATE OR NONPROFIT ENTITY AGREES TO DO ALL OF THE FOLLOWING:
1091 PROVIDER HAS A SERVICE CAPACITY OF AT LEAST TWO HUNDRED INDIVIDUALS AND AGREES TO DO ALL OF THE FOLLOWING:
5.
- 3 - S.B.
1091 5.
THE COUNSELING AND SERVICES MAY INCLUDE SUBSTANCE ABUSE TREATMENT, ANGER MANAGEMENT, COGNITIVE BEHAVIORAL THERAPY, PSYCHOSOCIAL REHABILITATION SERVICES, PARENTING SKILLS AND FAMILY REUNIFICATION TRAINING, FURTHER EDUCATION AND JOB PLACEMENT.
THE COUNSELING AND SERVICES MAY INCLUDE SUBSTANCE ABUSE TREATMENT, ANGER MANAGEMENT, COGNITIVE BEHAVIORAL THERAPY, PARENTING SKILLS AND FAMILY REUNIFICATION TRAINING, FURTHER EDUCATION AND JOB PLACEMENT.
THE BEHAVIORAL HEALTH SERVICE PROVIDER SHALL ALSO PROVIDE:
THE ENTITY SHALL ALSO PROVIDE:
PROVIDE PHYSICAL HEALTH AND WELLNESS EDUCATION AND SERVICES.
PHYSICAL HEALTH AND WELLNESS SERVICES.
PROVIDE INFORMATION TO THE DEPARTMENT TO ALLOW THE DEPARTMENT TO CONDUCT ITS ANNUAL STUDY TO DETERMINE THE RECIDIVISM RATE OF ELIGIBLE PERSONS WHO RECEIVE TRANSITION SERVICES.
INFORMATION TO THE DEPARTMENT TO ALLOW THE DEPARTMENT TO CONDUCT ITS ANNUAL STUDY TO DETERMINE THE RECIDIVISM RATE OF ELIGIBLE PERSONS WHO RECEIVE TRANSITION SERVICES.
IF THE DEPARTMENT DETERMINES THAT A PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE PROVIDER THAT IS NOT CONTRACTED WITH THE DEPARTMENT DOES NOT MEET THE REQUIREMENTS OF THIS SECTION, THE PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE PROVIDER SHALL BE GIVEN THE OPPORTUNITY TO COMPLY WITH THIS SECTION.
IF THE DEPARTMENT DETERMINES THAT A PRIVATE OR NONPROFIT ENTITY THAT IS NOT CONTRACTED WITH THE DEPARTMENT DOES NOT MEET THE REQUIREMENTS OF THIS SECTION, THE PRIVATE OR NONPROFIT ENTITY SHALL BE GIVEN THE OPPORTUNITY TO COMPLY WITH THIS SECTION.
IF THE PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE PROVIDER THAT IS NOT CONTRACTED WITH THE DEPARTMENT DOES NOT COME INTO COMPLIANCE, THE DEPARTMENT SHALL REQUIRE THE ELIGIBLE PERSON TO RECEIVE TRANSITION SERVICES FROM A PRIVATE OR NONPROFIT ENTITY THAT IS CONTRACTED WITH THE DEPARTMENT PURSUANT TO SECTION 31-282.
IF THE PRIVATE OR NONPROFIT ENTITY THAT IS NOT CONTRACTED WITH THE DEPARTMENT DOES NOT COME INTO COMPLIANCE, THE DEPARTMENT SHALL REQUIRE THE ELIGIBLE PERSON TO RECEIVE TRANSITION SERVICES FROM A PRIVATE OR NONPROFIT ENTITY THAT IS CONTRACTED WITH THE DEPARTMENT PURSUANT TO SECTION 31-282.
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill allows eligible inmates to receive transition services from noncontracted behavioral health service providers under specified conditions, enhancing service options and flexibility.

  • 31-281

    contract with private or nonprofit entities to provide eligible inmates with transition services → contract with private or nonprofit entities to provide eligible inmates with transition services and shall procure transition services pursuant to title 41, chapter 23.

    The amendment clarifies that the department will continue to contract for services while allowing additional noncontracted options.

  • 31-281

    AT THE ELECTION OF THE ELIGIBLE INMATE, ALLOW NONCONTRACTED PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE PROVIDERS → ALLOW NONCONTRACTED PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE PROVIDERS THAT MEET THE REQUIREMENTS PRESCRIBED IN SECTION 31-283 TO PROVIDE ELIGIBLE INMATES WITH TRANSITION SERVICES.

    This change formalizes the eligibility of noncontracted providers to deliver transition services if they meet certain requirements.

  • 31-281

    contracted OR NONCONTRACTED entity's transition services. → contracted OR NONCONTRACTED entity's transition services

    This amendment emphasizes that inmates can receive services from either type of entity.

  • 31-281

    A REQUIREMENT THAT AN INMATE MUST USE A CONTRACTED ENTITY TO PROVIDE TRANSITION SERVICES UNLESS THE ELIGIBLE INMATE CHOOSES A NONCONTRACTED PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE PROVIDER TO PROVIDE TRANSITION SERVICES PURSUANT TO SECTION 31-283.

    This requirement clarifies that inmates can select noncontracted providers for their transition services if they choose.

  • 31-283

    THE DEPARTMENT SHALL ALLOW AN ELIGIBLE PERSON TO CHOOSE TO RECEIVE TRANSITION SERVICES FROM A PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE PROVIDER THAT IS NOT CONTRACTED WITH THE DEPARTMENT PURSUANT TO SECTION 31-282 IF THE PRIVATE OR NONPROFIT BEHAVIORAL HEALTH SERVICE PROVIDER HAS A SERVICE CAPACITY OF AT LEAST TWO HUNDRED INDIVIDUALS AND AGREES TO DO ALL OF THE FOLLOWING:

    The creation of Section 31-283 establishes criteria for noncontracted service providers to offer transition services to inmates.

  • 31-283

    PROVIDE TRANSITION SERVICES TO AN ELIGIBLE PERSON.

    This requirement directs noncontracted providers to explicitly offer transition services.

  • 31-283

    PROVIDE INFORMATION TO THE DEPARTMENT TO ALLOW THE DEPARTMENT TO CONDUCT ITS ANNUAL STUDY TO DETERMINE THE RECIDIVISM RATE OF ELIGIBLE PERSONS WHO RECEIVE TRANSITION SERVICES.

    Noncontracted providers must provide necessary data for the department's recidivism studies.

Action History

  1. FAILED

  2. Vetoed by Governor

  3. Transmit to Governor

  4. PASSED

  5. PASSED

  6. Transmit to Senate

  7. PASSED

  8. DPA

  9. DPA

  10. House Second Reading

  11. House First Reading.

  12. Transmit to House

  13. PASSED

  14. DPA

  15. DPA

  16. Senate Second Reading

  17. Senate First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 21 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

failed to pass

Passed 16 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 0902
Unaffiliated 6300
Republican 10000
Total 161202
% of votes cast 53%40%0%7%
How each member voted (30)
Member Party Vote
Anna Hernandez — Nay
Anthony Kern — Yea
Christine Marsh — Nay
Juan Mendez — Nay
Justine Wadsack — Yea
Ken Bennett — Yea
Sine Kerr — Yea
Sonny Borrelli — Yea
Steve Kaiser — Yea
Brian Fernandez Democrat Nay
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Burch Democrat Nay
Eva Diaz Democrat Not Voting
Flavio Bravo Democrat Nay
Lela Alston Democrat Not Voting
Priya Sundareshan Democrat Nay
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Nay
Theresa Hatathlie Democrat Nay
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Yea
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Thomas "T.J." Shope Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Passed

Passed 49 Yea · 8 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 12402
Republican 22000
Unaffiliated 15401
Total 49803
% of votes cast 82%13%0%5%
How each member voted (60)
Member Party Vote
Amish Shah — Yea
Andres Cano — Nay
Athena Salman — Nay
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Cory McGarr — Yea
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Longdon — Yea
Jennifer Pawlik — Yea
Judy Schwiebert — Yea
Justin Heap — Yea
Keith Seaman — Yea
Laura Terech — Yea
Leezah Elsa Sun — Nay
Liz Harris — Yea
Marcelino Quiñonez — Yea
Melody Hernandez — Nay
Travis W. Grantham — Not Voting
Alma Hernandez Democrat Yea
Analise Ortiz Democrat Nay
Cesar Aguilar Democrat Not Voting
Christopher Mathis Democrat Yea
Consuelo Hernandez Democrat Yea
Flavio Bravo Democrat Yea
Lorena Austin Democrat Yea
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Yea
Mae Peshlakai Democrat Yea
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Yea
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Not Voting
Patty Contreras Democrat Yea
Seth Blattman Democrat Yea
Stacey Travers Democrat Yea
Stephanie Stahl Hamilton Democrat Yea
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Passed

Passed 22 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 5401
Unaffiliated 7300
Republican 10000
Total 22701
% of votes cast 73%23%0%3%
How each member voted (30)
Member Party Vote
Anna Hernandez — Nay
Anthony Kern — Yea
Christine Marsh — Yea
Juan Mendez — Nay
Justine Wadsack — Yea
Ken Bennett — Yea
Raquel Terán — Nay
Sine Kerr — Yea
Sonny Borrelli — Yea
Steve Kaiser — Yea
Brian Fernandez Democrat Yea
Catherine Miranda Democrat Yea
Denise “Mitzi” Epstein Democrat Nay
Eva Burch Democrat Yea
Eva Diaz Democrat Yea
Lela Alston Democrat Yea
Priya Sundareshan Democrat Nay
Rosanna Gabaldón Democrat Not Voting
Sally Ann Gonzales Democrat Nay
Theresa Hatathlie Democrat Nay
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Yea
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Thomas "T.J." Shope Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1091?
SB 1091 is sponsored by Anthony Kern.
What is the current status of SB 1091?
This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1091?
Track SB 1091 free on One Click Politics — get push/email alerts when it moves.

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