House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session

2017

 

 

HOUSE BILL 2133

 

 

 

AN ACT

 

amending section 41‑1604.12, Arizona Revised Statutes; amending Title 41, chapter 11, article 1, Arizona Revised Statutes, by adding section 41‑1604.19; amending sections 41‑1609.02 and 41‑1613, Arizona Revised Statutes; relating to the state department of corrections.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 41-1604.12, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1604.12.  Community correctional centers; powers and duties; allocation of compensation; absence without leave; classification; notice; applicability

A.  The director may:

1.  Establish and operate facilities to be known as community correctional centers.

2.  Transfer inmates whose terms of imprisonment have been fixed from the state prisons and facilities of the department to community correctional centers and place parolees in the centers.

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.  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.

C.  The purpose of community correctional centers is to provide housing, supervision, counseling and other correctional programs for persons committed to the department.

D.  Absence without leave from a community correctional center or intentional failure of an inmate to return from a furlough, work furlough or temporary leave granted under the provision of this section is a class 5 felony.

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.

F.  This section applies only to persons who commit felony offenses before January 1, 1994. END_STATUTE

Sec. 2.  Title 41, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 41-1604.19, to read:

START_STATUTE41-1604.19.  Correctional facilities; notice; definitions

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 household, as listed in the county assessor's online database, within a two-mile radius of the proposed site or of the site for which the significant change of use is 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.

2.  The president of the senate.

3.  The speaker of the house of representatives.

4.  The senate minority leader and the house of representatives minority leader.

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 five 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 five-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 five-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 five-mile radius of the proposed site or the site for which the significant change of use is proposed.

B.  On request, the department of education, the county school superintendent's office or any other governmental entity that may have the information shall provide to the state department of corrections an accurate list of charter schools and private schools within the 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:

1.  The number of prisoners or parolees to be housed at the correctional facility.

2.  The security level of the prisoners to be housed at the correctional facility.

3.  The date, time and location of the public hearing that is required by subsection H of this section.

G.  The department shall post a sign that is at least four feet by eight feet in three conspicuous locations in which the public is most likely to observe the sign for fifteen calendar days before the hearing that is required pursuant to subsection H of this section. The sign shall give notice of the date, time and location of the hearing.

H.  The department shall hold a hearing in the county for an unincorporated area or in the city or town in which the potential site or the site for which the significant change of use 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.

I.  Any person that receives notice pursuant to this section may contest the establishment of any 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.

J.  For the purposes of this section:

1.  "Correctional facility" means:

(a)  An adult correctional facility.

(b)  A juvenile correctional facility.

(c)  A community correctional center.

(d)  A private prison.

(e)  Any facility dedicated to the confinement of persons committed to the department or the department of juvenile corrections.

(f)  A juvenile secure care facility as described in section 41‑2816.

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.END_STATUTE

Sec. 3.  Section 41-1609.02, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1609.02.  Establishment of private prison facilities; notice

A.  Before expanding an existing minimum or medium security level prison or before establishing a new minimum or medium security level prison, the director shall give consideration to contracting for private prisons for the incarceration of:

1.  Prisoners convicted of offenses pursuant to title 28, chapter 4, article 3.

2.  Prisoners convicted of offenses pursuant to title 13, chapter 14.

3.  Female prisoners.

4.  Prisoners over the age of fifty‑five years.

5.  Other inmate populations identified by the director.

B.  Before entering into a contract with a private prison facility contractor for the incarceration of prisoners listed in subsection A of this section, the director shall determine that the contractor will provide at least the same quality of services as this state at a lower cost or that the contractor will provide services superior in quality to those provided by this state at essentially the same cost. In making this determination, the director shall consider the following:

1.  Security.

2.  Inmate management and control.

3.  Inmate programs and services.

4.  Facility safety and sanitation.

5.  Administration.

6.  Food service.

7.  Personnel practices and training.

8.  Inmate health services.

9.  Inmate discipline.

C.  The director shall identify from subsection A of this section, the appropriate inmate population for placement in privatized beds and the corresponding number of inmates.  The director shall report the information to the governor, the legislature and the joint select committee on corrections by October 15 of every year for consideration in determining expansion of prison capacity.

D.  The director may establish other private incarceration facilities that are dedicated to the confinement of persons who are sentenced to the department.

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:

1.  The president of the senate.

2.  The speaker of the house of representatives.

3.  The senate minority leader and the house of representatives minority leader.

4.  The state senator and the state representatives whose legislative district includes the proposed site.

5.  Any state senator and state representatives whose legislative district is located within two miles of the proposed site.

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

7.  Each member of the governing board of the local school district in which the proposed site is located.

F.  The department shall hold a hearing in the county for an unincorporated area or in the city or town in which the potential site 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 private incarceration facility.

G.  The final site determination of a private incarceration facility is subject to review by the joint select committee on corrections pursuant to section 41‑1610.04 notice pursuant to section 41‑1604.19. END_STATUTE

Sec. 4.  Section 41-1613, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1613.  Community correctional centers; powers and duties; allocation of compensation; absence without leave; classification; notice

A.  The director may:

1.  Establish and operate facilities to be known as community correctional centers.

2.  Transfer inmates whose terms of imprisonment have been fixed from the state prisons and facilities of the department to community correctional centers and place inmates placed on community supervision in such centers.

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.  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.   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.

C.  The purpose of community correctional centers is to provide housing, supervision, counseling and other correctional programs for persons committed to the department.

D.  Absence without leave from a community correctional center or intentional failure of an inmate to return from a temporary leave granted under the provisions of this section is a class 5 felony.

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. END_STATUTE