SB 1507 — independent corrections ombudsman; auditor general

(g) The inmate-to-staff ratio at each facility.

(h) The number of in-person visits that were made for each inmate at each facility.

(i) The number of in-person visits that were denied for each inmate at each facility.

(j) The number of inmate complaints or grievances that were submitted to the department, the department's resolution of the complaint or grievance pursuant to the administrative remedies process and the amount of time it took the department to resolve each complaint or grievance.

B.

The director may:

1.

Adopt rules to implement the purposes of the department and the duties and powers of the director.

2.

Take any administrative action to improve the efficiency of the department, including the following:

(a) Create new divisions or units or consolidate divisions or units.

(b) Subject to chapter 4, article 4 of this title, transfer employees between the various divisions and units of the department.

(c) Shift duties between divisions or units.

(d) Delegate to appropriate personnel the administrative functions, powers or duties that the director believes can be competently, efficiently and properly performed.

The director shall not delegate the responsibilities in subsection A, paragraphs 1 and 5 of this section.

- 2 - S.B.

1507 (e) Transfer adult inmates between adult institutions or adult facilities.

(f) Authorize work crews to perform acceptable tasks in any part of this state.

(g) Accept unconvicted persons pursuant to a court order for the purposes of examination and treatment regarding competency to understand any stage of a criminal proceeding after indictment or information or their ability to assist in their own defense.

(h) Accept convicted yet unsentenced persons pursuant to a court order for the purposes of conducting a mental health examination or a diagnostic evaluation.

(i) Subject to chapter 4, article 4 and, as applicable, article 5 of this title, appoint certain employees of the department to peace officer status for the purposes of guarding, transporting or pursuing persons who are under the jurisdiction of the department and appoint certain employees of the department to peace officer status for the purposes of investigating or arresting persons who commit or attempt to commit offenses directly relating to the operations of the department.

Peace officers of the department shall not preempt the authority and jurisdiction of established agencies of this state and political subdivisions of this state.

Such officers shall notify agencies of this state and political subdivisions of this state before conducting an investigation within the jurisdiction of the agency and before making an arrest within the jurisdiction of the agency and shall ask, except in an emergency, if the agency wishes to participate, perform the investigation or arrest the person to be arrested before proceeding.

Personnel who are appointed as peace officers by the director shall have the minimum qualifications established for peace officers pursuant to section 41-1822.

Personnel who are appointed by the director pursuant to this subdivision are not eligible to participate in the public safety personnel retirement system except as otherwise provided in title 38, chapter 5, article 4.

(j) Operate travel reduction programs that are subsidized by the department for employees who commute between work and home by vanpools, carpools and buses or in vehicles that are purchased or leased by the department.

3.

Establish by rule a onetime fee for conducting background checks on any person who enters a department facility to visit a prisoner.

A fee shall not be charged for a person who is under eighteen years of age.

The director may adopt rules that waive all or part of the fee.

The director shall deposit, pursuant to sections 35-146 and 35-147, any monies collected pursuant to this paragraph in the department of corrections building renewal fund established by section 41-797.

- 3 - S.B.

1507 Sec.

2.

Repeal Section 41-1610.02, Arizona Revised Statutes, is repealed.

Sec.

3.

Title 41, Arizona Revised Statutes, is amended by adding chapter 59, to read:

CHAPTER 59 INDEPENDENT CORRECTIONAL OVERSIGHT OFFICE ARTICLE 1.

GENERAL PROVISIONS 41-7001.

Definitions IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:

1.

"DEPARTMENT" MEANS THE STATE DEPARTMENT OF CORRECTIONS.

2.

"DIRECTOR" MEANS THE DIRECTOR OF THE INDEPENDENT CORRECTIONAL OVERSIGHT OFFICE.

3.

"OFFICE" MEANS THE INDEPENDENT CORRECTIONAL OVERSIGHT OFFICE.

4.

"RECORD" HAS THE SAME MEANING PRESCRIBED IN SECTION 41-1371.

41-7002.

Independent correctional oversight office;

director;

appointment;

term;

qualifications;

confidentialannual communications;report A.

authorityTHE toINDEPENDENT investigateCORRECTIONAL complaints;OVERSIGHT OFFICE IS ESTABLISHED.

reportingTHE requirements;GOVERNOR SHALL APPOINT A QUALIFIED PERSON PURSUANT TO SECTION 38-211 OF SOUND JUDGMENT, OBJECTIVITY AND INTEGRITY WHO HAS EXPERIENCE IN CORRECTIONS-RELATED LAW AND POLICY TO SERVE AS THE DIRECTOR OF THE OFFICE.

definitionsTHE A.DIRECTOR SHALL SERVE FULL TIME AND FOR A TERM OF FIVE YEARS AND SHALL BE A PUBLIC OFFICER SUBJECT TO TITLE 38, CHAPTER 3, ARTICLE 8 RELATING TO CONFLICTS OF INTEREST.

THE OFFICEDIRECTOR OF THE INDEPENDENT CORRECTIONS OMBUDSMAN IS ESTABLISHEDELIGIBLE WITHINTO THERECEIVE OFFICECOMPENSATION OFPURSUANT THETO OMBUDSMAN-CITIZENSSECTION AIDE.38-611.

THE GOVERNORLEGISLATURE, SHALLBY APPOINTCONCURRENT ARESOLUTION QUALIFIEDRECEIVING PERSONA PURSUANTTWO-THIRDS TOMAJORITY SECTIONVOTE 38-211 OF SOUNDTHE JUDGMENT,MEMBERS OBJECTIVITYOF ANDEACH INTEGRITYHOUSE, WHOOR HASTHE EXPERIENCEGOVERNOR INMAY CORRECTIONS-RELATEDREMOVE LAWTHE ANDDIRECTOR POLICYONLY TOFOR SERVENEGLECT AS THE DIRECTOR OF THEDUTY, OFFICEMISCONDUCT OFOR THE INDEPENDENTINABILITY CORRECTIONSTO OMBUDSMAN.PERFORM DUTIES.

THE DIRECTOR SHALL SERVE FOR A TERM OF FIVE YEARS.

THE LEGISLATURE, BY CONCURRENT RESOLUTION RECEIVING A MAJORITY OF THE MEMBERS OF EACH HOUSE, OR THE GOVERNOR MAY REMOVE THE DIRECTOR ONLY FOR NEGLECT OF DUTY, MISCONDUCT OR THE INABILITY TO PERFORM DUTIES.

C.- 4 - S.B.

1507 C.

PROVIDE INFORMATION, AS APPROPRIATE, TO INMATES, INMATES' FAMILY MEMBERS, INMATE REPRESENTATIVES, DEPARTMENT EMPLOYEES AND CONTRACTORS AND ANY OTHER PERSONS REGARDING THE RIGHTS OF INMATES.

-5. 1 - S.B.

1507 5.

(d) THE NUMBER OF INMATE DEATHS WHILE THE INMATE WAS IN CUSTODY,CUSTODY AND THE MANNER AND CAUSE OF DEATH, IF KNOWN, INCLUDING SUICIDES AND THE NUMBER OF SUICIDE ATTEMPTS WHILE THE INMATE WAS IN CUSTODY.

(e) ANYTHE OUTSTANDINGNUMBER OROF UNRESOLVEDINMATES CONCERNSWITH ORA RECOMMENDATIONSCOMPLETED MEDICAL POWER OF THEATTORNEY OFFICE.ON FILE.

(f)- ALL5 OF- THES.B. FOLLOWING INFORMATION FROM THE DEPARTMENT:

1507 (f) THE NUMBER OF INMATES WHO WERE TRANSPORTED FOR MEDICAL TREATMENT OR TO THE EMERGENCY ROOM OR WHO WERE HOSPITALIZED WHILE IN CUSTODY, INCLUDING THE DURATION OF THE STAY IN THE EMERGENCY ROOM OR THE HOSPITAL.

(g) THE NUMBER OF DRUG OVERDOSES, INCLUDING FATAL AND NONFATAL DRUG OVERDOSES, PER INMATE WHILE IN CUSTODY.

(h) THE NUMBER OF INMATES WHO HAVE A MENTAL HEALTH ASSESSMENT SCORE OF THREE OR HIGHER OR WHO ARE DESIGNATED AS SERIOUSLY MENTALLY ILL AND THE SECURITY CLASSIFICATION AND HOUSING STATUS OF EACH INMATE WHO HAS A MENTAL HEALTH ASSESSMENT SCORE OF THREE OR HIGHER OR WHO IS DESIGNATED AS SERIOUSLY MENTALLY ILL, INCLUDING THE NUMBER OF INMATES PLACED IN ISOLATION OR RESTRICTIVE HOUSING FOR ANY DURATION OF TIME IN EACH FACILITY.

(i) ANY OUTSTANDING OR UNRESOLVED CONCERNS OR RECOMMENDATIONS OF THE OFFICE.

(j) ALL OF THE FOLLOWING INFORMATION FROM THE DEPARTMENT:

(ii) THE NUMBER OF INMATES WHO WERE PLACED IN RESTRICTIVE HOUSING, ADMINISTRATIVE SEGREGATION OR SOLITARY CONFINEMENT AND THE DURATION OF STAY IN RESTRICTIVE HOUSING, ADMINISTRATIVE SEGREGATION OR SOLITARY CONFINEMENT.CONFINEMENT IN EACH FACILITY.

(iii) THE NUMBER OF FACILITY LOCKDOWNS THAT LASTED LONGERTWENTY-FOUR THANHOURS TWENTY-FOUROR HOURS.LONGER.

(iv) THE NUMBER OF STAFF, THE TENURE OF EACH STAFF MEMBER, THE STAFF TURNOVER RATE, STAFF VACANCIES AND THE STAFF COMPENSATION AT EACH FACILITY.

-(viii) 2THE -NUMBER S.B.OF IN-PERSON VISITS THAT WERE DENIED FOR EACH INMATE AT EACH FACILITY.

1507 (viii) THE NUMBER OF IN-PERSON VISITS THAT WERE DENIED FOR EACH INMATE AT EACH FACILITY.

(g)(x) AN OVERVIEW OF THE DEPARTMENT'S COMPLIANCECURRENT WITHINMATE ALLCLASSIFICATION OFSCORING SYSTEM, INCLUDING THE FOLLOWING:CRITERIA AND SCORING MATRIX USED TO ASSIGN INMATE CUSTODY LEVELS, AND ANY CHANGES MADE TO THE INMATE CLASSIFICATION SCORING SYSTEM SINCE THE LAST REPORT.

(xi) THE NUMBER OF INMATES WHO ARE HOUSED IN A FACILITY OR UNIT WITH A CUSTODY LEVEL ABOVE OR BELOW THE INMATE'S ASSIGNED CLASSIFICATION LEVEL.

- 6 - S.B.

1507 (k) THE DEPARTMENT'S COMPLIANCE WITH ALL OF THE FOLLOWING:

THE OFFICE MAY INITIATE AND ATTEMPT TO RESOLVE AN INVESTIGATION ON ITS OWN INITIATIVE OR AFTERBEFORE RECEIVINGOCTOBER A31 COMPLAINTOF FROMEACH ANYEAR, INMATE,THE INMATES'DEPARTMENT FAMILYSHALL MEMBER,PROVIDE INMATEALL REPRESENTATIVE,OF DEPARTMENTTHE EMPLOYEEINFORMATION ORREQUIRED CONTRACTORBY ORSUBSECTION ANYC, OTHERPARAGRAPH PERSON12, REGARDINGSUBDIVISIONS ANY(d), OF(e), THE(f), FOLLOWING(g), THAT(h) MAYAND ADVERSELY(j) AFFECTOF INMATETHIS HEALTH,SECTION SAFETY,TO WELFARETHE ANDOFFICE. RIGHTS:

41-7003.

Scope of investigations;

complaints;

investigative authority A.

THE OFFICE MAY INITIATE AND ATTEMPT TO RESOLVE AN INVESTIGATION ON ITS OWN INITIATIVE OR AFTER RECEIVING A COMPLAINT FROM AN INMATE, INMATES' FAMILY MEMBER, INMATE REPRESENTATIVE OR DEPARTMENT EMPLOYEE OR CONTRACTOR OR ANY OTHER PERSON REGARDING ANY OF THE FOLLOWING THAT MAY ADVERSELY AFFECT INMATE HEALTH, SAFETY, WELFARE OR RIGHTS:

E.B.

F.C.

G.D.

- 37 - S.B.

1507 H.E.

I.F.

J.G.

AFTER INVESTIGATING A COMPLAINT, THE OFFICE SHALL RENDER A PUBLIC DECISION ON THE MERITS OF EACH COMPLAINT, EXCEPT THAT THE DOCUMENTS SUPPORTING THE DECISION ARE SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF SUBSECTIONSSECTION N41-7005. AND O OF THIS SECTION.

THE OFFICE SHALL INFORM THE INMATECOMPLAINANT AND THE DEPARTMENT OF THE DECISION.

K.H.

ON THE REQUEST OF THE OFFICE, THE DEPARTMENT, WITHIN THE TIME SPECIFIED,SPECIFIED BY THE OFFICE, SHALL INFORM THE OFFICE IN WRITING ABOUT ANY ACTION TAKEN ON THE RECOMMENDATIONS OR THE REASONS FOR NOT COMPLYING WITH THE RECOMMENDATIONS.

L.I.

IF THE OFFICE BELIEVES, BASED ON THE INVESTIGATION, THAT THERE HAS BEEN OR CONTINUES TO BE A SIGNIFICANT INMATE HEALTH, SAFETY, WELFARE OR REHABILITATION ISSUE, THE OFFICE SHALL REPORT THE FINDING WITHIN TEN BUSINESS DAYS TO THE GOVERNOR, THE ATTORNEY GENERAL, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE DIRECTOR OF THE DEPARTMENT AND SHALL PROVIDE A COPY OF THIS REPORT TO THE SECRETARY OF STATE.

M.J.

N.K.

ALLTHE CORRESPONDENCEOFFICE'S ANDACTION COMMUNICATIONOR BETWEENLACK THEOF OFFICEACTION ANDON THEA DEPARTMENTCOMPLAINT AREMADE CONFIDENTIALPURSUANT ANDTO PRIVILEGED.THIS CHAPTER IS NOT DEEMED AN ADMINISTRATIVE PROCEDURE REQUIRED FOR EXHAUSTION OF REMEDIES BEFORE BRINGING AN ACTION PURSUANT TO 42 UNITED STATES CODE SECTION 1997e OR FILING A NOTICE OF CLAIM PURSUANT TO SECTION 12-821.01.

O.41-7004.

THEInspection; OFFICE SHALL ESTABLISH CONFIDENTIALITY RULES AND PROCEDURES FOR ALL INFORMATION MAINTAINED BY THE OFFICE TO ENSURE THAT THE IDENTITY OF A COMPLAINANT REMAINS CONFIDENTIAL BEFORE, DURING AND AFTER AN INVESTIGATION TO THE GREATEST EXTENT PRACTICABLE.

THErights OFFICEand MAYservices; DISCLOSE A COMPLAINANT'S IDENTIFYING INFORMATION FOR THE SOLE PURPOSE OF CARRYING OUT AN INVESTIGATION.

P.information;

TOaccess THEA. EXTENT THE OFFICE BELIEVES IS REASONABLY NECESSARY, THE OFFICE:

1.THE OFFICE SHALL HAVE ACCESS, IN PERSON AND WITH OR WITHOUT PRIOR NOTICE, TO ALL FACILITIES, INCLUDING ALL AREAS THAT ARE USED BY OR ARE OTHERWISE ACCESSIBLE TO INMATES, DEPARTMENT STAFF AND CONTRACTORS, TO PROGRAMS FOR INMATES AT REASONABLE TIMES, INCLUDING ACCESS DURING NORMAL WORKING HOURS AND VISITING HOURS, AND TO ANY INMATE, DEPARTMENT EMPLOYEE, CONTRACTOR OR OTHER PERSON TO CONDUCT INTERVIEWS FOR THE PURPOSE OF EITHER OF THE FOLLOWING:

SHALL- REVEAL8 INFORMATION- OBTAINEDS.B. IN THE COURSE OF AN INVESTIGATION TO PREVENT REASONABLY CERTAIN DEATH OR SUBSTANTIAL BODILY HARM.

-1507 41. - S.B.

1507 2.

MAY REVEAL INFORMATION OBTAINED IN THE COURSE OF AN INVESTIGATION TO PREVENT THE COMMISSION OF A CRIME.

Q.

IF THE OFFICE BELIEVES IT IS NECESSARY TO REVEAL INFORMATION PURSUANT TO SUBSECTION P OF THIS SECTION, THE OFFICE SHALL PROVIDE A COPY OF THE INTENDED DISCLOSURE TO THE DEPARTMENT FOR REVIEW BEFORE RELEASING THE INFORMATION TO ANY OTHER PERSON OR ENTITY.

IF THE OFFICE RECEIVES PERSONALLY IDENTIFYING INFORMATION ABOUT A PERSON DURING THE COURSE OF AN INVESTIGATION THAT THE OFFICE DETERMINES IS UNRELATED OR UNNECESSARY TO THE INVESTIGATION, THE OFFICE MAY NOT FURTHER DISCLOSE SUCH INFORMATION.

R.

THE OFFICE SHALL HAVE ACCESS IN THE SAME MANNER AS THE DIRECTOR OF THE DEPARTMENT, IN PERSON AND WITH OR WITHOUT PRIOR NOTICE, TO ALL FACILITIES, INCLUDING ALL AREAS THAT ARE USED BY OR ARE OTHERWISE ACCESSIBLE TO INMATES, DEPARTMENT STAFF AND CONTRACTORS, TO PROGRAMS FOR INMATES AT REASONABLE TIMES, INCLUDING ACCESS DURING NORMAL WORKING HOURS AND VISITING HOURS AND TO ANY INMATE, DEPARTMENT EMPLOYEE OR CONTRACTOR OR OTHER PERSON TO CONDUCT INTERVIEWS FOR THE PURPOSE OF:

1.

S.B.

THE OFFICE MAY ACCESS, INSPECT AND COPY ALL RELEVANT INFORMATION, RECORDS OR DOCUMENTS THAT ARE IN THE POSSESSION OR CONTROL OF THE DEPARTMENT AND THAT THE OFFICEDIRECTOR CONSIDERS NECESSARY TOIN INVESTIGATEAN INVESTIGATION OF A COMPLAINT.COMPLAINT FILED OR TO COMPLETE ANY REPORTING REQUIREMENTS PURSUANT TO THIS CHAPTER.

THE DEPARTMENT SHALL ASSIST THE OFFICE IN OBTAINING THE NECESSARY RELEASES FOR THOSEANY DOCUMENTS THAT ARE SPECIFICALLY RESTRICTED OR PRIVILEGEDPRIVILEGED. FOR USE BY THE OFFICE.

T.C.

U.D.

V.41-7005.

THEConfidentiality; OFFICE MAY ISSUE SUBPOENAS TO THE DEPARTMENT FOR RECORDS, DOCUMENTS OR DATA IN THE DEPARTMENT'S POSSESSION AND FOR DEPARTMENT STAFF, CONTRACTORS OR REPRESENTATIVES.

Acommunications; SUBPOENA THAT IS SERVED, ON APPLICATION TO THE COURT, MAY BE ENFORCED IN THE SAME MANNER PROVIDED BY LAW FOR THE SERVICE AND ENFORCEMENT OF A SUBPOENA IN A CIVIL ACTION.

IFprocedures; THE DEPARTMENT FAILS TO COMPLY WITH A SUBPOENA, THE OFFICE MAY PURSUE - 5 - S.B.

1507information ENFORCEMENTA. OF THE SUBPOENA IN A COURT OR REFER THE SUBPOENA TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF SENATE OR THE CHAIRPERSON OF ANY COMMITTEE OF THE LEGISLATURE FOR ENFORCEMENT IN THE SAME MANNER AND SUBJECT TO THE SAME PENALTIES PRESCRIBED IN ARTICLE 4 OF THIS CHAPTER.

W.ALL CORRESPONDENCE AND COMMUNICATION BETWEEN THE OFFICE AND THE DEPARTMENT ARE CONFIDENTIAL AND PRIVILEGED.

THEB. OFFICE'S ACTION OR LACK OF ACTION ON A COMPLAINT MADE PURSUANT TO THIS SECTION IS NOT DEEMED AN ADMINISTRATIVE PROCEDURE REQUIRED FOR EXHAUSTION OF REMEDIES BEFORE BRINGING AN ACTION PURSUANT TO 42 UNITED STATES CODE SECTION 1997e OR FILING A NOTICE OF CLAIM PURSUANT TO SECTION 12-821.01.

X.THE OFFICE SHALL ESTABLISH CONFIDENTIALITY RULES AND PROCEDURES FOR ALL INFORMATION MAINTAINED BY THE OFFICE TO ENSURE THAT THE IDENTITY OF A COMPLAINANT REMAINS CONFIDENTIAL BEFORE, DURING AND AFTER AN INVESTIGATION TO THE GREATEST EXTENT PRACTICABLE.

THE OFFICE SHALLMAY BEDISCLOSE INDEPENDENTA OFCOMPLAINANT'S ANYIDENTIFYING SUPERVISIONINFORMATION ORFOR CONTROL BY THE OFFICESOLE OFPURPOSE THE OMBUDSMAN-CITIZENS AIDE OR BY ANY BOARD OR OFFICER OF THECARRYING OFFICEOUT OFAN THEINVESTIGATION. OMBUDSMAN-CITIZENS AIDE.

Y.C.

FORTO THE PURPOSESEXTENT OFTHE THISOFFICE SECTION:BELIEVES IS REASONABLY NECESSARY, THE OFFICE:

"DEPARTMENT"SHALL MEANSREVEAL THEINFORMATION STATEOBTAINED DEPARTMENTIN THE COURSE OF CORRECTIONS.AN INVESTIGATION TO PREVENT REASONABLY CERTAIN DEATH OR SUBSTANTIAL BODILY HARM.

"OFFICE"MAY MEANSREVEAL INFORMATION OBTAINED IN THE OFFICECOURSE OF AN INVESTIGATION TO PREVENT THE INDEPENDENTCOMMISSION CORRECTIONSOF OMBUDSMAN.A CRIME.

Sec.D.

2.IF THE OFFICE BELIEVES IT IS NECESSARY TO REVEAL INFORMATION PURSUANT TO SUBSECTION C OF THIS SECTION, THE OFFICE SHALL PROVIDE A COPY OF THE INTENDED DISCLOSURE TO THE DEPARTMENT FOR REVIEW BEFORE RELEASING THE INFORMATION TO ANY OTHER PERSON OR ENTITY.

SectionIF 41-1604,THE ArizonaOFFICE RevisedRECEIVES Statutes,- is9 amended- toS.B. read:

41-1604.1507 PERSONALLY IDENTIFYING INFORMATION ABOUT A PERSON DURING THE COURSE OF AN INVESTIGATION THAT THE OFFICE DETERMINES IS UNRELATED OR UNNECESSARY TO THE INVESTIGATION, THE OFFICE MAY NOT FURTHER DISCLOSE SUCH INFORMATION.

Duties41-7006. and powers of director A.

TheIndependent directorcorrectional shall:oversight office;

1.protections;

Beimmunity; responsible for the overall operations and policies of the department.

2.exceptions A.

MaintainA andCIVIL administerACTION allMAY institutionsNOT andBE programsBROUGHT withinAGAINST theTHE department,DIRECTOR includingOR prisons,THE receptionSTAFF andOF diagnosticTHE centers,OFFICE conservationFOR camps,ANY communityACTION correctionalOR centersOMISSION andIN suchPERFORMING otherTHE facilitiesDUTIES andUNDER programsTHIS asCHAPTER, mayEXCEPT beFOR requiredGROSS andNEGLIGENCE establishedOR forINTENTIONAL theWRONGFUL custody,ACTS control,OR correction,OMISSIONS treatmentAND andEXCEPT rehabilitationAS ofPROVIDED allIN adultTITLE offenders38, whoCHAPTER are3, committedARTICLE to8. the department.

3.

Be responsible for the administration and execution of all community supervision services, including those for adult offenders who are released in accordance with law.

4.

Develop a program to provide uniform statewide community supervision field services in this state and employ parole or community supervision officers based on qualifications prescribed by the director, including physical, psychological and educational qualifications and practical experience.

5.

Be responsible for the development of policies and programs that shall be recommended to the governor and the legislature for the purpose of improving the various adult correctional programs of this state.

6.

Develop and establish a uniform statewide method of reporting statistics as related to this chapter.

7.

Subject to chapter 4, article 4 of this title, employ deputy directors and other key personnel based on qualifications prescribed by the director that require education and practical experience.

- 6 - S.B.

1507 8.

Adopt rules pursuant to chapter 6 of this title for the development of incentives to encourage good behavior and the faithful performance of work by prisoners.

9.

Adopt rules pursuant to chapter 6 of this title to limit inmate access to the internet through the use of a computer, computer system, network, computer service provider or remote computing service.

10.

Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.

11.

On or before December 31 of each year, submit a report to the president of the senate, the speaker of the house of representatives, the minority leader of the senate, the minority leader of the house of representatives, the chairperson of the senate judiciary committee, or its successor committee, and the chairperson of the house of representatives judiciary committee, or its successor committee, that includes all of the following:

(a) The number of inmate deaths while the inmate was in custody, including suicides, and the number of suicide attempts while the inmate was in custody.

(b) The number of physical and sexual assaults in custody.

(c) The number of inmates who were placed in administrative segregation or solitary confinement and the duration of stay in segregation or confinement.

(d) The number of facility lockdowns that lasted longer than twenty-four hours.

(e) The number of staff, the tenure of each staff member, the staff turnover rate, staff vacancies and staff compensation at each facility.

(f) The number of inmates at each facility.

(g) The inmate-to-staff ratio at each facility.

(h) The number of in-person visits that were made for each inmate at each facility.

(i) The number of in-person visits that were denied for each inmate at each facility.

(j) The number of inmate complaints or grievances that were submitted to the department, the department's resolution of the complaint or grievance pursuant to the administrative remedies process and the amount of time it took the department to resolve each complaint or grievance.

TheA directorPROCEEDING may:OR DECISION OF THE DIRECTOR MAY BE REVIEWED IN SUPERIOR COURT ONLY TO DETERMINE IF IT IS CONTRARY TO THIS CHAPTER.

1.C.

AdoptTHE rulesDIRECTOR toAND implementTHE theSTAFF purposesOF ofTHE theOFFICE departmentMAY andNOT theBE dutiesREQUIRED andTO powersTESTIFY ofIN theCOURT director.REGARDING MATTERS THAT COME TO THEIR ATTENTION IN THE EXERCISE OF THEIR DUTIES, EXCEPT AS MAY BE NECESSARY TO ENFORCE THIS CHAPTER.

-D. 7 - S.B.

1507RECORDS 2.AND FILES MAINTAINED BY THE DIRECTOR AND THE STAFF OF THE OFFICE ARE NOT PUBLIC RECORDS AND ARE EXEMPT FROM TITLE 39, CHAPTER 1.

Take41-7007. any administrative action to improve the efficiency of the department, including the following:

(a)Corrections Createoversight newfund divisionsA. or units or consolidate divisions or units.

(b)THE SubjectCORRECTIONS toOVERSIGHT chapterFUND 4,IS articleESTABLISHED 4CONSISTING ofOF thisLEGISLATIVE title,APPROPRIATIONS, transferFEDERAL employeesMONIES betweenAND thePRIVATE variousGRANTS, divisionsGIFTS, andCONTRIBUTIONS unitsAND ofDEVISES. the department.

(c)THE ShiftOFFICE dutiesSHALL betweenADMINISTER divisionsTHE orFUND. units.

(d) Delegate to appropriate personnel the administrative functions, powers or duties that the director believes can be competently, efficiently and properly performed.

The director shall not delegate the responsibilities in subsection A, paragraphs 1 and 5 of this section.

(e) Transfer adult inmates between adult institutions or adult facilities.

(f) Authorize work crews to perform acceptable tasks in any part of this state.

(g) Accept unconvicted persons pursuant to a court order for the purposes of examination and treatment regarding competency to understand any stage of a criminal proceeding after indictment or information or their ability to assist in their own defense.

(h) Accept convicted yet unsentenced persons pursuant to a court order for the purposes of conducting a mental health examination or a diagnostic evaluation.

(i) Subject to chapter 4, article 4 and, as applicable, article 5 of this title, appoint certain employees of the department to peace officer status for the purposes of guarding, transporting or pursuing persons who are under the jurisdiction of the department and appoint certain employees of the department to peace officer status for the purposes of investigating or arresting persons who commit or attempt to commit offenses directly relating to the operations of the department.

Peace officers of the department shall not preempt the authority and jurisdiction of established agencies of this state and political subdivisions of this state.

Such officers shall notify agencies of this state and political subdivisions of this state before conducting an investigation within the jurisdiction of the agency and before making an arrest within the jurisdiction of the agency and shall ask, except in an emergency, if the agency wishes to participate, perform the investigation or arrest the person to be arrested before proceeding.

Personnel who are appointed as peace officers by the director shall have the minimum qualifications established for peace officers pursuant to section 41-1822.

Personnel who are appointed by the director pursuant to this subdivision are not eligible to participate in the public safety personnel retirement system except as otherwise provided in title 38, chapter 5, article 4.

(j) Operate travel reduction programs that are subsidized by the department for employees who commute between work and home by vanpools, - 8 - S.B.

1507 carpools and buses or in vehicles that are purchased or leased by the department.

3.

Establish by rule a onetime fee for conducting background checks on any person who enters a department facility to visit a prisoner.

A fee shall not be charged for a person who is under eighteen years of age.

The director may adopt rules that waive all or part of the fee.

The director shall deposit, pursuant to sections 35-146 and 35-147, any monies collected pursuant to this paragraph in the department of corrections building renewal fund established by section 41-797.

Sec.

3.

Repeal Section 41-1610.02, Arizona Revised Statutes, is repealed.

Sec.

4.

Appropriation;

office of the independent corrections ombudsman;

intent;

exemption A.

The sum of $1,500,000 is appropriated from the state general fund in fiscal year 2025-2026 to the office of the independent corrections ombudsman established by section 41-1384, Arizona Revised Statutes, as added by this act.

TheTHE legislatureDIRECTOR intendsMAY thatACCEPT theAND appropriationSPEND madeFEDERAL inMONIES subsectionAND APRIVATE ofGRANTS, thisGIFTS, sectionCONTRIBUTIONS beAND consideredDEVISES ongoingTO fundingASSIST inIN futureCARRYING years.OUT THE PURPOSES OF THIS CHAPTER.

TheMONIES appropriationIN madeTHE inFUND subsectionARE AEXEMPT ofFROM thisTHE sectionPROVISIONS isOF exemptSECTION from35-190 theRELATING provisionsTO ofLAPSING sectionOF 35-190,APPROPRIATIONS. Arizona Revised Statutes, relating to lapsing of appropriations.

-APPROVED 9BY -THE GOVERNOR JULY 1, 2025.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JULY 1, 2025.

- 10 -