SB 1196 — prisoners; transition services; noncontracted entities

Any objection to the inmate's early release must be made within twenty days after the department has mailed the notice to the victim.

5.

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 31-286.

InExcept awardingas contractsprovided underin subsection D or E of this sectionsection, theflashing departmentlights shallon complymotor withvehicles sectionare 41-3751.prohibited except either:

D.

The department shall:

ConductOn anauthorized annualemergency studyvehicles, toschool determinebuses theor recidivismsnow rateremoval ofequipment. inmates who receive a contracted OR NONCONTRACTED 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.

EvaluateAs thewarning inmatelights andon providedisabled theor informationparked tovehicles. the contracted entity THAT PROVIDED TRANSITION SERVICES TO THE INMATE.

SubmitOn a writtenvehicle reportas toa themeans governor,for theindicating presidenta ofright the senate and the speaker of the house of representatives on or beforeleft Julyturn. 31 of each year and provide a copy of this report to the secretary of state.

TheD. report may be submitted electronically.

TheA reportvehicle shallmay containhave lamps that may be used to warn the followingoperators information:of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing.

(a) The recidivismvehicle ratemay ofdisplay inmatesthese wholamps receiveas servicesa pursuantwarning toin thisaddition article,to includingany theother recidivismwarning ratesignals ofrequired inmatesby whothis havearticle. been released from incarceration for a minimum of three years after release.

(b) The numberlamps ofused inmatesto whodisplay receivedthe serviceswarning pursuant to thisthe article.front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously flashing white or amber lights or any shade of color between white and amber.

(c) The numberlamps ofused inmatesto whodisplay werethe notwarning providedto servicesthe pursuantrear toshall thisbe articlemounted at the same level and whoas werewidely onspaced alaterally listas waitingpracticable toand receiveshall services.show - 1 - S.B.

(d)1196 Thesimultaneously typesflashing amber or red lights or any shade of servicescolor provided.between amber and red.

(e)These Thewarning numberlights ofshall inmatesbe whovisible receivedfrom eacha typedistance of serviceat provided.least one thousand five hundred feet under normal atmospheric conditions at night.

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.

NotwithstandingA subsectionperson B,may paragraphequip 1a ofmotorcycle thiswith section,a ifmeans anof inmatemodulating agreesthe tointensity complyof witha anyhead conditionlamp thatbeam isbetween establishedthe higher and requiredlower bybrightness sectionat 41-1604.07,a subsectionrate F,of hastwo beenhundred convictedto oftwo thehundred -eighty 2cycles -per S.B.minute.

1196 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 andperson isshall not concurrentlymodulate servingthe anotherhead sentencelamp forbeam anduring offense that is not listed in this subsection, the inmatehours isof eligibledarkness foras andprescribed shallin besection released28-922. to enter the transition program.

TheAPPROVED directorBY mayTHE notGOVERNOR excludeAPRIL an23, inmate2024. 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.FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 23, 2024.

Previously- been2 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.

For the purposes of this section, "recidivism" means reincarceration in the department for any reason.

Sec.

2.

Title 31, chapter 2, article 6, Arizona Revised Statutes, is amended by adding section 31-286, to read:

31-286.

Noncontracted entities;

definition A.

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:

1.

PROVIDE TRANSITION SERVICES TO AN ELIGIBLE PERSON.

2.

BE LICENSED BY THE DEPARTMENT OF HEALTH SERVICES.

3.

TRAIN MENTORS OR CERTIFY THAT MENTORS ARE TRAINED.

4.

PROVIDE CASE MANAGEMENT AND INREACH TO AN ELIGIBLE PERSON BEFORE THE PERSON BECOMES ELIGIBLE FOR TRANSITION SERVICES.

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1196 5.

PROVIDE SERVICES TO AN ELIGIBLE PERSON THAT INCLUDE PSYCHOEDUCATIONAL COUNSELING AND CASE MANAGEMENT SERVICES.

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 ENTITY SHALL ALSO PROVIDE:

(a) EMPLOYMENT, EMPLOYMENT ASSISTANCE AND CAREER COUNSELING SERVICES.

(b) BASIC ACADEMIC EDUCATION, GENERAL EQUIVALENCY DIPLOMA PREPARATION AND POSTSECONDARY EDUCATION JOB TRAINING.

(c) TRANSITIONAL NEEDS, INCLUDING HOUSING, FOOD OR TREATMENT SERVICES.

(d) ASSISTANCE IN FINDING HEALTH INSURANCE COVERAGE FOR THE ELIGIBLE PERSON AND, IF APPLICABLE, MEDICAL ASSISTANCE, INCLUDING ASSISTANCE IN FINDING NECESSARY MEDICATION.

6.

PHYSICAL HEALTH AND WELLNESS SERVICES.

7.

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.

B.

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 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.

C.

FOR THE PURPOSES OF THIS SECTION, "ELIGIBLE PERSON" MEANS AN INMATE WHO IS ELIGIBLE TO RECEIVE TRANSITION SERVICES BASED ON THE INMATE'S RISK AND NEED AS DETERMINED BY THE DIRECTOR PURSUANT TO SECTION 31-281.

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