Arizona 56th Legislature - First Regular Session Status: Passed House 1 R cosponsors

HB 2615 — prisoners; transition program

Last action — DP

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

This bill died with 56th Legislature - First Regular Session. It reached “Passed House” 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.

This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

148 added · 24 removed

Plain-language change summary

In the updated version of HB 2615, the requirement for inmates to have completed at least 45 days of transition services in the community was removed. This change allows for more flexibility in determining when an inmate might need additional treatment or support to prevent reoffending. By focusing on the individual needs of inmates rather than a specific time frame, the bill aims to better address their rehabilitation and reduce the likelihood of them returning to prison.

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HOUSE FLOOR AMENDMENT EXPLANATION Bill Number:HB 2615 Floor Amendment Quiñonez Removes the eligibility requirement that an inmate, to participate in the extended transition services, complete at least 45 days of transition services in the community.
House Engrossed prisoners;
Amendment explanation prepared by Hannah Johnson Phone Number (602) 926-5848 hj 2/20/2023 Fifty-sixth Legislature Quiñonez First Regular Session H.B.
transition program State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session HOUSE BILL 2615 AN ACT AMENDING SECTION 31-281, ARIZONA REVISED STATUTES;
2615 QUIÑONEZ FLOOR AMENDMENT HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
RELATING TO THE TRANSITION PROGRAM.
2615 (Reference to printed bill) Page 3, strike lines 28 and 29 Renumber to conform Line 38, strike "3" insert "2" Amend title to conform MARCELINO QUIÑONEZ 2615FloorQUIÑONEZ.docx 02/10/2023 4:49 PM C:
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.
SP
2615 Be it enacted by the Legislature of the State of Arizona:
Section 1.
Section 31-281, Arizona Revised Statutes, is amended to read:
31-281.
Transition program;
report;
definition A.
The department shall establish a transition program that provides eligible inmates with transition services in the community for up to ninety days.
The department shall administer the transition program and contract with private or nonprofit entities to provide eligible inmates with transition services and shall procure transition services pursuant to title 41, chapter 23.
B.
The director shall adopt rules to implement this article.
The rules shall include:
1.
Eligibility criteria for receiving a contracted entity's transition services.
To be eligible, at a minimum, an inmate shall:
(a) Not have been convicted of a sexual offense pursuant to title 13, chapter 14 or a violation of title 13, chapter 17.
(b) Not have been convicted of a violent crime as defined in section 13-901.03, unless the inmate was convicted of assault, aggravated assault or robbery.
(c) Not have any felony detainers.
(d) Agree in writing to provide specific information after the inmate is released.
The department shall use the information to prepare the report prescribed by subsection D, paragraph 3 of this section.
(e) Have made satisfactory progress by complying with all programming on the inmate's individualized corrections plan as determined by the department.
(f) Be classified by the department as minimum or medium custody as determined by an objective risk assessment.
(g) Not have been found in violation of any major violent rule during the inmate's current period of incarceration or in violation of any other major rule within the previous six months.
For the purposes of this subdivision, an accumulation of minor rule violations does not equal a major rule violation.
2.
A requirement that each contracted entity train mentors or certify that mentors are trained.
3.
A requirement that the services offered to an inmate include psychoeducational counseling and case management services as determined by the department.
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.
4.
A requirement that an inmate may be released pursuant to this article only after the victim has been provided notice and an opportunity to be heard.
The department shall provide notice to a victim who has provided a current address or other contact information.
The notice shall - 1 - H.B.
2615 inform the victim of the opportunity to be heard on the early release.
Any objection to the inmate's early release must be made within twenty days after the department has mailed the notice to the victim.
C.
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In awarding contracts under this section the department shall comply with section 41-3751.
D.
The department shall:
1.
Conduct an annual study to determine the recidivism rate of inmates who receive a contracted entity's services pursuant to this article.
The study shall include the recidivism rate of inmates who have been released from incarceration for a minimum of three years after release.
2.
Evaluate the inmate and provide the information to the contracted entity.
3.
Submit a written report to the governor, the president of the senate and the speaker of the house of representatives on or before July 31 of each year and provide a copy of this report to the secretary of state.
The report may be submitted electronically.
The report shall contain the following information:
(a) The recidivism rate of inmates who receive services pursuant to this article, including the recidivism rate of inmates who have been released from incarceration for a minimum of three years after release.
(b) The number of inmates who received services pursuant to this article.
(c) The number of inmates who were not provided services pursuant to this article and who were on a list waiting to receive services.
(d) The types of services provided.
(e) The number of inmates who received each type of service provided.
4.
Provide information about the transition program to all inmates who are not serving a life sentence on admission to prison and to any inmate who is potentially eligible for the transition program six months before the inmate's eligibility date.
The information must include all of the admission requirements to the transition program, including the disqualifying factors under this section.
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 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.
The director may not exclude an - 2 - H.B.
2615 inmate who is eligible for the transition program pursuant to this subsection because the inmate does not have a place to reside before being released, except that the director shall exclude an inmate who has any of the following:
1.
Previously been convicted of a violent crime as defined in section 13-901.03 or an offense listed in title 13, chapter 14 or 35.1.
2.
A felony detainer.
3.
Been found to be in violation of a major violent rule during the inmate's current period of incarceration or to be in violation of any other major rule within the previous six months.
For the purposes of this paragraph, an accumulation of minor rule violations does not equal a major rule violation.
4.
Previously been released pursuant to this section and violated a term of the inmate's release.
5.
Failed to achieve functional literacy as required by section 41-1604.07, subsection F, unless the inmate is enrolled in a program that prepares the inmate to achieve functional literacy.
6.
Been classified by the department as close or maximum custody as determined by a current and objective risk assessment.
7.
Refused enrollment in or been removed for poor behavior from a major self-improvement program within the previous eighteen months unless the inmate has subsequently enrolled in and completed the major self-improvement program.
F.
NOTWITHSTANDING SUBSECTION A OF THIS SECTION, THE DEPARTMENT MAY GRANT A ONETIME EXTENSION OF AN ADDITIONAL NINETY DAYS FOR AN ELIGIBLE INMATE TO CONTINUE RECEIVING TRANSITION SERVICES IF ALL OF THE FOLLOWING APPLY:
1.
THE DEPARTMENT DETERMINES THAT THE INMATE WILL NEED ADDITIONAL TREATMENT OR INTERVENTION TO ADEQUATELY ADDRESS THE INMATE'S SPECIFIC CRIMINOGENIC NEEDS.
2.
THE CONTRACTED ENTITY THAT IS PROVIDING THE INMATE'S TRANSITION SERVICES USES AN EMPIRICALLY VALIDATED, PEER-REVIEWED INSTRUMENT TO EVALUATE THE INMATE'S RISK OF RECIDIVISM AND IDENTIFIES THE INMATE'S PRIMARY CRIMINOGENIC FACTORS.
3.
THE CONTRACTED ENTITY THAT EVALUATES THE INMATE PURSUANT TO PARAGRAPH 2 OF THIS SUBSECTION SUBMITS AN UPDATED INDIVIDUALIZED SERVICE PLAN TO THE DEPARTMENT.
F.
G.
For the purposes of this section, "recidivism" means reincarceration in the department for any reason.
- 3 -
View plain text versions (3)

Action History

  1. DP

  2. DP

  3. Senate Second Reading

  4. Senate First Reading

  5. Transmit to Senate

  6. PASSED

  7. DPA

  8. House Placed on Consent Calendar

  9. DP

  10. House Second Reading

  11. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 28 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

Passed

Passed 31 Yea · 28 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 01800
Republican 22000
Unaffiliated 91001
Total 312801
% of votes cast 52%47%0%2%
How each member voted (60)
Member Party Vote
Amish Shah — Not Voting
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 — Nay
Jennifer Pawlik — Nay
Judy Schwiebert — Nay
Justin Heap — Yea
Keith Seaman — Nay
Laura Terech — Nay
Leezah Elsa Sun — Nay
Liz Harris — Yea
Marcelino Quiñonez — Nay
Melody Hernandez — Nay
Travis W. Grantham — Yea
Alma Hernandez Democrat Nay
Analise Ortiz Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Flavio Bravo Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
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

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Subjects

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Frequently asked questions

Who sponsors HB 2615?
HB 2615 is sponsored by Selina Bliss (Republican).
What is the current status of HB 2615?
This bill died with 56th Legislature - First Regular Session. It reached “Passed House” 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 HB 2615?
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