Title 31 — Prisons and Prisoners

Chapter 1 Jails

Article 1 Personnel and Facilities

§ 31-101 Common jails; duty of sheriff; use of jails

The common jails in the several counties and county jails under the jurisdiction of county jail districts shall be kept by the sheriffs of the counties in which they are respectively located. The jails shall be used for detention of persons committed to them in accordance with the provisions set forth in this chapter. The cost of housing the persons committed to common jails by the city or county shall be paid pursuant to section 31-121, subsection D or E.

§ 31-104 Employment of temporary guards

The sheriff may, when necessary, with the written consent of the county board of supervisors, employ temporary guards for protection of the county jail or safekeeping of prisoners, the expenses of which shall be a county charge or, if a county jail district has been established, a charge of the district.

§ 31-105 Designation of jail in contiguous county; revocation of designation

A. If there is no jail in the county, or when a jail becomes unfit or unsafe for confinement of prisoners, the judge of the superior court may, by written order filed with the clerk of the court, designate the jail of a contiguous county for confinement of prisoners at the expense of the county or the county jail district from which they are transferred, and may at any time modify or annul the order.

B. A copy of the order, certified by the clerk of the court, shall be served on the sheriff or keeper of the jail designated, who shall receive all prisoners authorized to be confined in such jail, and who shall have the same responsibility for safekeeping the prisoners transferred as if he were sheriff of the county for whose use the jail is designated, and with respect to the prisoners so committed, he shall be deemed sheriff of the county from which they were removed.

C. When the jail in the county is made fit and safe for confinement of prisoners, the judge of the superior court in that county shall, by written order of revocation filed with the clerk of the court, declare that the necessity for the designation of another jail is terminated and that the prior order is revoked. The clerk of the superior court shall immediately serve a copy of the order of revocation upon the sheriff of the county where the prisoners are confined, who shall thereupon remove the prisoners to the jail of the county or county jail district from which they were removed. The cost of confining a prisoner from another county shall be the same as the average rate established by the confining county for prisoners held pursuant to section 31-121.

§ 31-106 Disease in jail; removal of prisoners

When a pestilence or contagious disease occurs in or near a jail and the physician in attendance certifies that it is liable to endanger the health of the prisoners, the judge of the superior court may, by an order in writing, designate a safe and convenient place in the county, or the jail in a contiguous county, as the place of confinement. The order shall be filed in the office of the clerk of the superior court, and the sheriff shall thereupon remove the prisoners to the place or jail designated, and there confine them until they can be safely returned to the jail from which they were taken.

§ 31-107 Emergency removal of prisoners

When a county jail or building contiguous to it is on fire and there is reason to apprehend that the prisoners may be injured or endangered, the sheriff shall remove them to a safe and convenient place and there confine them as long as necessary.

Article 2 Prisoners

§ 31-121 Duty of sheriff to receive and provide for prisoners; contracts for furnishing food; city or town prisoners; employment; canteens; special services fund; insurance; education programs

A. The sheriff shall receive all persons who are committed to jail by competent authority and provide them with necessary food, clothing and bedding, the cost of which shall be a county charge or, if a county jail district has been established, a charge of the district, except as otherwise provided by law.

B. Notwithstanding subsection A of this section, the sheriff may establish procedures to recover from the inmate the cost of providing the inmate with necessary food. The cost to the inmate shall not exceed two dollars per day. All meal costs recovered from the inmate shall be used for meal preparation or to improve meal quality.

C. The county board of supervisors or board of directors of a county jail district may enter into contracts for furnishing food for persons who are confined in the county jail, but a contract shall not be made for a period longer than one year.

D. A person who is arrested by a peace officer employed by a city or town and who is charged in a municipal court as defined in section 22-401 may be housed in a county jail. The costs of this incarceration shall be paid by the city or town that established the municipal court in which the charges are to be filed. A person who is convicted in a municipal court may be sentenced to a county jail. The costs of this incarceration shall be paid by the city or town that established the municipal court in which the sentence was rendered. A person who is arrested by a peace officer employed by a city or town and who is charged in the superior court or a justice court may be housed in a county jail. The costs of this incarceration are a county expense. Two or more cities, towns or counties may enter into agreements with one another for joint or cooperative action pursuant to section 11-952.

E. Notwithstanding subsection D of this section, the cost for providing for prisoners committed to the county jail by competent authority of the county or any political subdivision in the county shall be borne by the county jail district in any county in which such district, pursuant to title 48, chapter 25, is established and operating.

F. Any prisoner who is accepted by the county jail may be employed as provided by section 31-141.

G. At the discretion of the board of supervisors or board of directors of a county jail district, the sheriff may maintain a canteen pursuant to this subsection at any jail facility under the sheriff's jurisdiction to sell to confined persons toilet articles, candy, tobacco products, notions and other sundries and may provide the necessary facilities, equipment, personnel and merchandise. The sheriff shall specify the commodities to be sold in the canteen. The sheriff shall fix the prices of the commodities at such amounts as will, as far as possible, render each canteen self-supporting.

H. A special services fund is established in the office of the county treasurer. The sheriff shall deposit any canteen and charge-a-call telephone profits, if such become available, in the special services fund. All profits resulting from inmate services shall also be deposited in the special services fund. The board of supervisors may insure against the damage or loss of canteen materials, supplies and equipment that are owned by the county jail facility.

I. The sheriff shall hold in trust all special services fund monies for the benefit and welfare of inmates. These monies may be used for the education and welfare of inmates, including the establishment, maintenance and purchase of items for resale and other necessary expenses incurred in operating the canteens.

J. The county board of supervisors or board of directors of a county jail district may authorize a biennial audit of the canteen operations at any jail facility referred to in this section. At the end of each intervening fiscal year, the jail administration shall prepare a statement of operations. At least one copy of any audit report or statement of operations shall be posted both at the canteen and for inmates at designated areas.

K. Each county that operates a county jail shall offer an education program to serve all prisoners who are under eighteen years of age and prisoners who are pupils with disabilities, who are twenty-one years of age or younger and who are confined in the county jail. The county sheriff and the county school superintendent shall agree on the method of delivery of the education program.

L. This section does not prohibit a city or town from recovering incarceration costs pursuant to section 13-804.01.

§ 31-122 Receiving and keeping federal prisoners

A. The sheriff may receive and keep in the county jail any prisoner committed thereto by process or order issued under the authority of the United States until the prisoner is discharged according to law as if he had been committed under process issued under the authority of the state. Provisions shall be made by the United States for the support of such a prisoner.

B. A sheriff to whose custody a prisoner is so committed is answerable in the courts of the United States for the safekeeping of the prisoner, according to the laws thereof.

§ 31-123 Confinement of person committed to jail

A prisoner committed to the county jail for trial or for examination, or upon conviction for a public offense, shall be actually confined in the jail until he is legally discharged. If the prisoner is permitted to go at large, except by lawful order or process, or pursuant to the sheriff's authority to authorize house arrest, it is an escape.

§ 31-124 Segregation of prisoners; males and females; minors and adults

A. Male and female prisoners shall not be kept or placed in the same room.

B. A person under the age of eighteen years shall not be confined in the same section of any jail or prison in which adult prisoners are confined.

§ 31-125 Duty of sheriff to deliver judicial papers to prisoner

When a paper in a judicial proceeding is directed to a prisoner in the custody of a sheriff and is served upon the sheriff, he shall forthwith deliver it to the prisoner with a notation thereon of the time of service. If the sheriff neglects to do so he is liable to the prisoner for damages occasioned thereby.

§ 31-126 Examination of certain prisoners for mental disorder

When a person confined in the county jail upon arrest for or conviction of a misdemeanor manifests symptoms of a mental disorder, the sheriff shall notify a licensed physician who shall examine the person. If in the judgment of a licensed physician the person is suffering from a mental disorder, proceedings shall be taken as prescribed by title 36, chapter 5. The proceedings under title 36, chapter 5, shall be separate from court proceedings relating to the misdemeanor charge.

§ 31-127 Abuse of prisoner; classification

A public officer who with criminal negligence is guilty of inhumanity or oppression toward a prisoner under his care or in his custody is guilty of a class 2 misdemeanor.

§ 31-128 Unauthorized communication with prisoner; classification

A person not authorized by law who, without permission of the officer in charge of a jail, communicates with a person imprisoned or detained therein, or who takes any letter, writing, literature or reading matter to or from a person imprisoned or detained therein, is guilty of a class 2 misdemeanor.

§ 31-129 Taking prohibited articles into jail; violation; classification; definitions

A. A person not authorized by law who knowingly takes into a jail or the grounds belonging to the jail any marijuana, narcotic drug or dangerous drug, or intoxicating liquor of any kind, or firearms, weapons or explosives of any kind is guilty of a class 5 felony.

B. For the purposes of this section, "marijuana", "narcotic drug" and "dangerous drug" have the same meanings prescribed in section 13-3401.

§ 31-130 Destruction of or injury to public jail; classification

A person who intentionally and without lawful authority breaks, pulls down or otherwise destroys or injures a public jail or other place of confinement is guilty of a class 5 felony.

§ 31-131 Operation of inmate industry program; special services fund; application of earnings

A. On approval of the county board of supervisors, the sheriff may operate an inmate industry program and for that purpose may employ personnel, purchase equipment and incur other necessary expenses for the operation and management of the program, making payment therefor through the use of monies in the special services fund established pursuant to section 31-121 and proceeds derived from the inmate industry program, or the sheriff may contract with private or public institutions within or without this state to operate an inmate industry program.

B. Any monies received in the operation of an inmate industry program shall be transmitted to the county treasurer for deposit in the special services fund. Monies deposited in the special services fund may be withdrawn by the sheriff for the operation of the inmate industry program. The special services fund is a continuing fund not subject to reversion.

C. Monies in the special services fund may be expended to pay the wages or salaries of prisoners who are sentenced to imprisonment in a county jail and who participate in the inmate industry program. The monies earned by a prisoner shall be expended monthly by the prisoner for the following purposes in the order specified:

1. If a court has ordered the prisoner to pay restitution pursuant to section 13-603, thirty per cent for the court ordered restitution.

2. Not less than thirty per cent, but not more than fifty per cent for the room and board costs of maintaining the prisoner at the county jail facility.

3. Thirty per cent for the support of the dependents of the prisoner, if any.

D. Any monies not expended by the prisoner for the purposes prescribed in subsection C of this section shall be paid to the prisoner on discharge.

E. Any monies generated by the operation of an inmate industry program shall not be included under county expenditure limitations established pursuant to article IX, section 20, Constitution of Arizona.

F. Except for monies in the special services fund, no funds from any other source shall be used for the operation of the inmate industry program.

G. The county board of supervisors may authorize an annual audit of the inmate industry program. At the end of each fiscal year, the sheriff shall prepare a financial statement of operations of the county jail inmate industry program and shall submit a copy to the county board of supervisors.

§ 31-132 Duty to deliver medical records

Prior to or at the same time a prisoner is transferred from a county jail facility to a state department of corrections facility by a county, a copy of the prisoner's county jail medical record file, including the prisoner's mental health file, or a standardized medical record summary shall be transferred.

Article 3 Labor by Prisoners

§ 31-141 Enforcement of sentence imposing hard labor; employment of prisoners; definition

A. If a person is sentenced to serve a certain number of days in a county jail, the court imposing the sentence may order, in addition to any other sentence authorized by law, that the defendant be kept at hard labor during the term of the sentence, or for any part of such sentence.

B. When a person is sentenced to hard labor, the sheriff shall cause the prisoner to be kept constantly engaged in labor during every day, Sunday excepted. The sheriff may work such prisoners either inside or outside the jail.

C. The sheriff may require prisoners who have been sentenced to imprisonment in the county jail to perform such labor as he deems necessary, even if the prisoner was not sentenced to hard labor.

D. A prisoner who is held awaiting trial or sentencing and who consents in writing to perform labor may perform such labor as the sheriff determines is appropriate.

E. For purposes of this section, "hard labor" includes only labor skills that are within the ability of the prisoner.

F. Notwithstanding any other law, no prisoner given a work assignment or required to perform any labor under this section shall be considered an employee or to be employed by the county or the sheriff, regardless of whether the prisoner is compensated or not, nor shall an employee-employer relationship exist between the prisoner and the county or sheriff for any purpose and none of the rights or privileges otherwise accorded to employees by law shall accrue to such prisoners.

§ 31-142 Use of prisoners on public works

A. The sheriff may, with the consent of the board of supervisors, require prisoners under his charge who are capable of hard labor to be employed on the public streets, highways or other public works where they will not compete with free labor in the county.

B. If a person is sentenced by a justice of the peace in a precinct having a branch or subcounty jail to imprisonment such person may be employed upon the highways or streets of the precinct in which the offense was committed with the approval of the sheriff.

§ 31-143 Use of prisoners by county engineer

The county engineer shall receive and work prisoners sentenced to hard labor who are authorized by the board of supervisors to be employed. The engineer may exercise the powers of a constable to transport, supervise and control available numbers of prisoners released to him for work.

§ 31-144 Double time allowance for work done outside jail as trusty

A. A prisoner in a city, town or county jail, while working on the public streets, highways or other public works as a trusty outside the jail without requiring armed guards, or while holding a position of trust either within or without the jail, shall be allowed double time while so employed and each day he is so employed shall be counted as two days in computing time on his sentence except in cases in which a specific release date is set forth in the commitment.

B. In case of a breach of trust by a prisoner, the chief of police or sheriff may declare the double time forfeited.

§ 31-145 Allowance for hard labor in reduction of fine

A. A prisoner sentenced to pay a fine shall be allowed not to exceed fifty dollars per day credited to the fine for each day he is employed at hard labor.

B. A person committed for nonpayment of a fine shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment not to exceed fifty dollars per day.

C. A prisoner who refuses to perform hard labor for payment of a fine is subject to the consequences for nonpayment of fines in section 13-810.

§ 31-146 Notice of discharge of prisoners sentenced to pay fine or to be imprisoned until payment made

Within five days after the end of each week, the officer having custody of prisoners who have been sentenced to pay a fine and ordered imprisoned until the fine is paid shall give notice to the committing court of all discharges during the week ending at midnight of the preceding Saturday and transmit to the court all monies received in payment of fines. If a fine is paid before commitment it shall be transmitted to the committing court in the same manner.

Article 4 Inmate Health Care

§ 31-161 Inmate health care; costs

A. Subject to the approval of the county board of supervisors or the board of directors of a county jail district, the sheriff may charge each inmate who is committed to jail by competent authority a reasonable fee or copayment of not more than ten dollars for each inmate initiated health service that is provided, for each medical visit to a physician that is referred by a physician, a physician assistant or nurse practitioner or for prescription drugs that a county jail health services agency dispenses to an inmate. An inmate shall not be refused health services for financial reasons.

B. If the sheriff is not prohibited from charging a health care services fee or a copayment at the time the service is provided or prescription dispensed as provided in subsection D of this section, the sheriff may maintain a negative balance on an inmate's personal account against which future collections may be made.

C. All fees or copayments for health services that the county collects shall be deposited in the inmate health services fund established by section 31-162.

D. Notwithstanding section 11-291, each county sheriff for the purposes of collecting fees or copayments under this section from inmates under the sheriff's jurisdiction may charge a fee authorized under subsection A of this section except the sheriff shall not charge an inmate a health care services fee or copayment if the inmate maintains a balance in the inmate's personal account of less than ten dollars for thirty consecutive days.

E. A sheriff may exempt inmates with certain medical conditions from the payment of health care services fees or copayments.

§ 31-162 Inmate health services fund; audit

A. The inmate health services fund is established in each county treasury consisting of monies received pursuant to section 31-161. The sheriff shall administer the fund.

B. The board of supervisors shall approve the use of fund monies to administer or provide health services to persons in the care of the sheriff.

C. The county board of supervisors or the board of directors of a county jail district shall authorize an annual audit or financial review of the inmate health services fund.

§ 31-163 Subrogation

A. If a county provides health services to an inmate or a juvenile detainee, the county has the right of subrogation against the individual's right of recovery from any source to the extent of the costs of services provided.

B. The county is entitled to a lien for the charges for hospital or medical care and treatment of an ill or injured inmate for whom the sheriff is responsible on any and all claims for damages accruing to the inmate to whom hospital or medical service is rendered, or to the legal representative of the inmate, on account of injuries that gave rise to the claims and that necessitated the hospital or medical care and treatment.

C. A commercial health benefits insurer shall not deny benefits to an otherwise eligible person who is in the custody of the sheriff.

D. If another jurisdiction except a city or town is primarily responsible for an incarcerated person who is in the custody of the sheriff, the entity is responsible for the medical and health care costs that are incurred by the incarcerated person, except that the entity is not responsible for those health services that are covered under a contract between the county and the entity for prisoner per diem reimbursements.

§ 31-164 Inmate health insurance pools

A. The board of supervisors of two or more counties or the board of directors of two or more county jail districts may enter into contracts or agreements pursuant to section 11-952.01 to jointly purchase insurance or to pool retention of their risks for inmate health care and to provide for the payment of claims made against any member of the pool on a cooperative or contract basis with one another or may jointly form a nonprofit corporation or enter into a trust agreement to carry out the provisions of this section on their behalf directly or by contract with a private party.

B. An inmate health insurance pool established pursuant to this section may only provide coverage for inmate health services.

§ 31-165 Inmate medical services; rate structure

If an inmate in a county jail or a person who, but for the circumstances, would otherwise be treated in the county jail requires health care services that the county jail cannot provide, the county shall pay claims approved by the county from a facility or provider that provides these services, unless otherwise provided by an intergovernmental agreement, as follows:

1. For inpatient and outpatient hospital services, the county shall reimburse at a level that does not exceed the reimbursement methodology established pursuant to section 36-2903.01, subsection G.

2. For health and medical services, the county shall reimburse at a level that does not exceed the capped fee-for-service schedule that is adopted by the Arizona health care cost containment system administration pursuant to title 36, chapter 29, article 1 and that is in effect at the time the services are delivered.

Chapter 2 State Prison

Article 1 Officers and Employees

§ 31-201 Definitions

As used in this chapter, unless the context otherwise requires:

1. "Department" means the state department of corrections.

2. "Director" means the director of the department.

§ 31-201.01 Duties of the director; tort actions; medical treatment costs; state immunity; definitions

A. The director shall hold in custody all persons who are sentenced to the department under the law and shall hold such persons for the term directed by the court, subject to law.

B. In addition to the medical and health services to be provided pursuant to subsection D of this section, the director, in cooperation with the department of health services, may provide to prisoners psychiatric care and treatment pursuant to sections 31-226 and 31-226.01.

C. The director may institute and pursue programs that promote the rehabilitation of the prisoners in the director's charge.

D. The director shall provide medical and health services for the prisoners. The director may contract for professional services to assist the director in carrying out this responsibility on behalf of the state, except that all records made and retained in connection with the services provided by this subsection shall be made and retained only by duly authorized or qualified medical and professional personnel and not by any prisoner. Such records when not in use shall be retained in a safe and secure place.

E. If a victim of a person for whom a cost of incarceration has been calculated notifies the state that full restitution has not been made by the person for whom a cost of incarceration has been calculated, the state shall interplead with the superior court the disputed amount and set off the amounts owed the state from the remaining obligation.

F. Any and all causes of action that may arise out of tort caused by the director, prison officers or employees of the department, within the scope of their legal duty, shall run only against the state.

G. The director shall establish by rule reasonable medical and health service fees for the medical and health services that are provided pursuant to subsection D of this section. Except as provided in subsection I of this section, every inmate shall be charged a reasonable medical and health services fee for each medical visit an inmate makes pursuant to a health needs request form or for emergency treatment.

H. Except as provided in subsection I of this section, the director may charge each inmate a reasonable fee for prescriptions, medication or prosthetic devices.

I. The director shall exempt the following inmates or medical visits by inmates from payment of medical and health services fees and fees for prescriptions, medication or prosthetic devices:

1. Medical visits initiated by the medical or mental health staff of the department.

2. Medical visits to a physician by inmates who are referred by a physician assistant or nurse practitioner.

3. Inmates at reception centers.

4. Juvenile inmates.

5. Pregnant inmates.

6. Seriously mentally ill inmates. For the purposes of this paragraph, "seriously mentally ill inmates" means inmates who as a result of a mental disorder as defined in section 36-501 exhibit emotional or behavioral functioning which is so impaired as to interfere substantially with their capacity to remain in the general prison population without supportive treatment or services of a long-term or indefinite duration and whose mental disability is severe and persistent, resulting in a long-term limitation of their functional capacities for primary activities of daily living, including interpersonal relationships, self-care, employment and recreation.

7. Inmates with developmental disabilities who are housed in a special programs unit.

8. Inmates who are housed in unit 8 at the Florence prison facility.

9. Inmates who are inpatients at the Alhambra prison facility special programs psychiatric hospital.

10. Inmates who are inpatients at the Flamenco prison facility mental health treatment unit.

11. Inmates who are undergoing administrative physical examinations for statewide driver status and fire fighting crews.

12. Inmates who are undergoing follow-up medical treatment for chronic diseases.

J. An inmate shall not be refused medical treatment for financial reasons.

K. All monies received by the department for medical and health service fees shall be deposited in the general fund.

L. A person who is convicted of a felony offense and who is incarcerated while awaiting sentence or while serving a sentence imposed by a court of law may not bring a cause of action seeking damages or equitable relief from the state or its political subdivisions, agencies, officers or employees for injuries suffered while in the custody of the state or its political subdivisions or agencies unless the complaint alleges specific facts from which the court may conclude that the plaintiff suffered serious physical injury or the claim is authorized by a federal statute.

M. The director shall establish criteria for reasonable deductions from monies credited to the prisoner's spendable account to repay the cost of:

1. State property that the inmate wilfully damages or destroys during the inmate's incarceration.

2. Medical treatment for injuries that the inmate inflicts on himself or others.

3. Searching for and apprehending an inmate who escapes or attempts to escape.

4. Quelling a riot or other disturbance in which the inmate is unlawfully involved.

5. Fees prescribed by title 28 or the department of transportation's rules for the issuance of either a driver license or a nonoperating identification license to the inmate, if eligible.

N. On request of a female inmate, the director shall provide female inmates with a sufficient supply of feminine hygiene products. Notwithstanding any other law, the director may not charge female inmates for feminine hygiene products.

O. For the purposes of this section:

1. "Feminine hygiene products" includes tampons, sanitary napkins, menstrual sponges, menstrual cups and similar items that are used for a menstrual cycle.

2. "Reasonable fee" means an amount not to exceed $5.

3. "Serious physical injury" means an impairment of physical condition that creates a substantial risk of death or that causes serious disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.

§ 31-203 Persons disqualified as officers or employees

No person shall be appointed to any office or be employed by the department on behalf of the state who:

1. Is a contractor for the department, except pursuant to section 31-204.

2. Is interested, directly or indirectly, in any business carried on in connection with the department, except pursuant to section 31-204.

3. Is found intoxicated while on duty. A single act of intoxication shall justify discharge or removal.

§ 31-204 Interest of employee in contracts; gifts to or from prisoner; penalty

A. An officer or employee shall not have any monetary interest in any contract or purchase made by anyone for or on behalf of the department, or receive, directly or indirectly, compensation for services unless approved by the director.

B. An officer or employee of the department, a contractor or an agent or employee of a contractor, without written permission of the warden, deputy warden or prison administrator, shall not make a gift or present to or receive a gift or present from a prisoner, or barter or deal with a prisoner.

C. This section does not prohibit an officer or employee of the department from maintaining secondary employment in:

1. Any correctional facility that is not within the person's primary employment.

2. Any institution of higher learning as an adjunct faculty member.

D. Any person violating this section shall be discharged from office or service, and every contractor, or employee or agent of a contractor, shall not be permitted to act or serve again as such contractor, agent or employee.

§ 31-206 Chaplains; duties; traditional Native American religious practitioners

A. The prison chaplains shall devote as much of their time as the condition and employment of the prisoners reasonably justifies in giving the prisoners moral and religious instruction. The chaplains shall at all times, under the authority of the director, have access to the prisoners for that purpose.

B. The chaplains shall hold services at the state prison at least twice each month.

C. Traditional Native American religious practitioners may perform prayers and religious services for Native American inmates under special arrangements made with the director.

§ 31-207 Payment of claims

The department of administration shall draw a warrant for claims approved and allowed by the director under the provisions of this chapter, and the warrants shall be paid from the appropriation made to the department.

Article 2 Prisoners

§ 31-221 Master record file; information from other agencies; confidentiality of file; access; definition

A. The state department of corrections shall maintain a master record file on each person who is committed to the department that contains the following:

1. All information from the committing court.

2. The reports of the reception-diagnostic centers.

3. Evaluation and assignment reports and recommendations.

4. Reports of disciplinary infractions and their disposition.

5. Progress reports prepared for the board of executive clemency and the department.

6. Parole or community supervision progress reports.

7. The date and circumstances of final discharge.

8. Any other pertinent data concerning the person's background, conduct, associations and life history as may be required by the department with a view to the person's reformation and to the protection of society.

B. All public agencies shall make available to the department, on request, any factual data in their possession regarding individuals committed to the department.

C. All records of prisoner care and custody are subject to title 39, chapter 1, article 2, except that the department shall not disclose records or portions of records:

1. Revealing the identity of a confidential informant.

2. Endangering the life or physical safety of a person.

3. Jeopardizing an ongoing criminal investigation.

D. A prisoner may view the prisoner's own automated summary record file, excluding those categories listed in subsection C.

E. Except as provided in subsection D, a prisoner shall not have access to any prisoner records other than viewing the prisoner's own automated summary record file and shall not assist in the preparation or reproduction of reports contained in those records.

F. A prisoner shall not make a request to view a copy of the prisoner's own automated summary record file more than one time each year, except that a prisoner who is scheduled for more than one hearing before the board of executive clemency in a calendar year may make a request to view before each hearing a copy of the prisoner's own automated summary record file.

G. For the purposes of this section, "automated summary record file" means a computer printout or generated image that includes the prisoner's:

1. Sentencing and release date calculations.

2. Institutional movements.

3. Disciplinary and rule violations.

4. Detainers and warrants.

5. Institutional work or job history.

6. Classification actions.

7. Board of executive clemency hearing actions.

§ 31-222 Research and evaluation programs

A. The department shall establish programs of research, statistics and planning, including the study of its own performance concerning the treatment of adult offenders.

B. The department may conduct and supervise research into the causes of detention and treatment of crime and disseminate such information to the public and governmental or private agencies.

C. The department may establish such joint research and information facilities of governmental and private agencies as it shall determine.

§ 31-223 Use of force by correctional officers

A correctional officer as defined in section 41-1661 may use all reasonable and necessary means including deadly force to prevent the attempt of a prisoner sentenced to the custody of the state department of corrections to:

1. Escape from custody or from a correctional facility.

2. Take another person as a hostage.

3. Cause serious bodily harm to another person.

§ 31-224 Duty to deliver medical records

Prior to or at the same time a prisoner is transferred from a state department of corrections facility by the department to a county jail facility, a copy of the prisoner's state department of corrections medical record file, including the prisoner's mental health file, or a standardized medical record summary shall be transferred.

§ 31-224.01 Prisoner medical records; release to immediate family or designated individual; definition

A. A prisoner may authorize the department to release the prisoner's medical record to a member of the prisoner's immediate family or to a designated individual. The authorization must be in writing on a form prescribed by the department and include a release that complies with the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 164, subpart E). If authorized by the prisoner, the department shall release the prisoner's medical record to a member of the prisoner's immediate family or to the designated individual. The department shall provide the medical record within fifteen calendar days after receiving the prisoner's authorization to release the medical record. Pursuant to sections 31-221 and 39-121.01, the department may charge a fee to copy and produce the prisoner's medical record unless the medical record is produced electronically.

B. For the purposes of this section, "medical record" includes any medical record that is retained by the department or a medical professional and that relates to medical treatment that was provided to the prisoner while in a department facility.

§ 31-225 Attendance of prisoner in court

When it is necessary that a person imprisoned by the department be brought before any court, or that a person imprisoned in a county jail be brought before a court in another county, an order may be made for that purpose by the court and executed by the sheriff of the county where the order is made.

§ 31-226 Mentally disordered prisoner; procedure for voluntary or involuntary hospitalization; notice; hearing; transfer; reports; return to incarceration or release; costs; definition

A. If a prisoner confined in any facility operated by the state department of corrections displays symptoms of mental disorder to such a degree that transfer to the state hospital or a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections is necessary to ensure adequate treatment, the psychiatrist of the facility, or if no psychiatrist is available, the physician at the facility, shall examine the prisoner and make a written report of the psychiatrist's or physician's recommendations to the director of the state department of corrections. On receipt of a report that states that the psychiatrist or physician finds that the symptoms described in this subsection exist, the director of the state department of corrections may allow the prisoner to voluntarily transfer to a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections if the prisoner is an adult male, to the state hospital or a licensed behavioral health treatment facility operated by the state department of corrections if the prisoner is a female or to the state hospital if the prisoner is a minor. If the patient does not voluntarily transfer, the director shall file a petition with the superior court in the county in which the prisoner is incarcerated for transfer for treatment of the prisoner to the state hospital or a licensed behavioral health treatment facility operated by the state department of corrections if the prisoner is a female, to a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections if the prisoner is an adult male or to the state hospital if the prisoner is a minor.

B. At least ten days before the court conducts the hearing on the petition for transfer, the state department of corrections shall provide a copy of the petition and written notice of the hearing to the prisoner and written notice of the prisoner's rights at the hearing.

C. At least five days before the hearing, if the prisoner has not employed counsel, the court shall appoint counsel or an independent advisor to represent the prisoner at the hearing. On application by the prisoner the court shall also determine the necessity for any expert testimony by medical witnesses and authorize any necessary appointment and compensation for these witnesses at the state's expense. Notice shall be given to the state hospital if the prisoner is a female or a minor, and the state hospital shall be provided with an opportunity to participate in the hearing as an interested party, if it so desires.

D. At the hearing, the prisoner or the prisoner's representative may call witnesses to testify and may confront and cross-examine witnesses called by the state department of corrections except on a finding of good cause for not permitting such presentation, confrontation or cross-examination.

E. If the prisoner is determined to be suffering from a mental disorder to such a degree that transfer to the state hospital or a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections is necessary to ensure adequate treatment, the court shall order and direct that the prisoner be transferred for treatment to the state hospital in the legal custody of the state department of corrections or a licensed behavioral health treatment facility operated by the state department of corrections if the prisoner is a female, to a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections if the prisoner is an adult male or to the state hospital if the prisoner is a minor. The transfer of the prisoner to the state hospital shall be made by the state department of corrections. The court order must be in writing and state the evidence relied on and the reasons for transferring the prisoner.

F. The superintendent of the state hospital shall provide the state department of corrections with a quarterly report of the condition of a prisoner transferred to the state hospital. The superintendent of the state hospital and the director of the state department of corrections shall also provide the superior court in the county which has jurisdiction over the transfer proceeding with a quarterly report of the condition of the prisoner.

G. If, in the opinion of the superintendent of the state hospital or the director of the state department of corrections, the prisoner no longer suffers from a mental disorder such that placement in the state hospital or the licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections is necessary to ensure adequate treatment, the superintendent of the state hospital or the director of the state department of corrections shall order the prisoner to a licensed behavioral health treatment facility operated by the state department of corrections or returned to a prison facility to serve the prisoner's unexpired term, and the period the prisoner was confined in the state hospital or the behavioral health or mental health treatment agency shall be considered as though incarcerated in a state department of corrections facility. If the term of imprisonment expires during the time the prisoner is confined in the state hospital or the behavioral health or mental health inpatient treatment facility, the director of the state department of corrections shall issue to the prisoner an absolute discharge at that time, and the prisoner's rights to release from the hospital are as provided in title 36, chapter 5.

H. A court-ordered evaluation may be made in accordance with title 36, chapter 5, article 4 if, within one hundred twenty days of the prisoner's scheduled release from prison or during any time that the prisoner is on release status, the prisoner appears to be, as a result of a mental disorder, a danger to self or to others, or is a prisoner with a grave disability, and is unwilling to undergo a voluntary evaluation. For the purposes of this section, an inpatient mental health treatment facility operated by the state department of corrections is authorized to act as a screening agency. If the court orders inpatient evaluation, the order shall take effect on the day of the prisoner's scheduled release, or if the prisoner is on release status, on a date determined by the court, and the state department of corrections shall deliver the prisoner to the evaluation agency. Thereafter, all further evaluation and treatment shall be in accordance with the provisions of title 36, chapter 5, as they pertain to civil patients.

I. The state department of corrections shall pay all costs incurred for the prisoner during the term of the prisoner's sentence.

J. The county in which the court is located shall be reimbursed for expenses of the proceedings incurred by the county in accordance with section 31-227.

K. As used in this section "mental disorder" has the same meaning prescribed in section 36-501.

§ 31-226.01 Emergency transfer procedures

A. If the written report made pursuant to section 31-226, subsection A indicates reasonable cause to believe that, as a result of mental disorder, the prisoner is a danger to self or others and that without immediate treatment in a mental health inpatient treatment facility or the state hospital the prisoner is likely to suffer substantial physical harm or serious illness or is likely to inflict substantial physical harm on another, the director of the state department of corrections shall immediately authorize transfer for treatment of the prisoner to a mental health inpatient treatment facility operated by the state department of corrections if the prisoner is an adult male and to the state hospital if the prisoner is a female or a minor.

B. On presentation of a prisoner for emergency transfer, an admitting officer of a mental health inpatient treatment facility or the state hospital may examine the prisoner and may admit the prisoner as an emergency admission. The transferred prisoner remains in the legal custody of the state department of corrections, and the department shall pay all costs incurred for the prisoner during the term of the prisoner's sentence.

C. If a prisoner has been transferred pursuant to subsection A of this section, within forty-eight hours, excluding weekends and holidays, after the transfer the director shall file a petition for emergency transfer with the superior court in the county to which the prisoner has been transferred. The petition shall include:

1. A summary of the symptoms and signs displayed by the prisoner which led to the mental examination.

2. A summary of the recommendations of the examining psychiatrist or physician.

3. A statement supporting the need for immediate transfer of the prisoner.

D. On review of the petition for emergency transfer, if the court finds that as a result of mental disorder the prisoner is a danger to self or others, and that without immediate treatment in a mental health inpatient treatment facility or the state hospital the prisoner is likely to suffer substantial physical harm or serious illness or is likely to inflict substantial physical harm on another, the court shall order the continued treatment of the prisoner, and the provisions of section 31-226, subsections B through J apply to the petition for emergency transfer.

E. On review of the petition for emergency transfer, if the court does not find as described in subsection D of this section, the court shall order that the prisoner be returned to the facility in which the prisoner was incarcerated within forty-eight hours.

F. If the court orders that the prisoner be returned to the facility in which the prisoner was incarcerated, the director of the state department of corrections may proceed pursuant to section 31-226.

§ 31-227 Expenses of prosecution; reimbursement of counties

A. If a person is arrested within this state for any crime committed in or adjacent and related to a correctional facility under the jurisdiction of the state department of corrections or committed while escaped from a correctional facility under the jurisdiction of the department or from the custody of officials or employees of the department while away from the correctional facility, the clerk of the court in which the legal proceedings relating to the crime are held shall prepare an itemized claim pursuant to an existing intergovernmental agreement with the state department of corrections against the state for the court costs and any other costs or fees incurred by the county on the prosecution and defense of the case and the cost of confining and keeping the prisoner. The claim shall be certified by the judge of the court and sent to the state department of corrections.

B. On receipt of the claim, the state department of corrections shall file the claim with the department of administration and shall pay the claim from the appropriation for the support of the state department of corrections to the county treasurer of the county where the legal proceedings were held. The county treasurer shall deposit the monies in the county general fund.

§ 31-228 Procedure for discharge of prisoner; return of property; furnishing money, clothing and transportation ticket; allowing hair to grow before discharge

A. When a prisoner is released conditionally on parole, community supervision or probation if the court waived community supervision pursuant to section 13-603 or is discharged from a facility of the state department of corrections there shall be returned to the prisoner everything of value taken on commitment to the state department of corrections, or thereafter received by the prisoner, unless the item is contraband as defined in section 13-2501.

B. In addition to items returned pursuant to subsection A of this section, all monies accumulated in a prisoner's dedicated discharge account shall be furnished to every prisoner who is paroled, released on community supervision, released on probation if the court waived community supervision pursuant to section 13-603 or discharged from the state department of corrections. Except for prisoners who are committed to the department as a condition of probation, prisoners who have immediately available financial resources in excess of $250 or prisoners who were previously paroled, released on community supervision, released on probation if the court waived community supervision pursuant to section 13-603 or discharged from the state department of corrections, if a prisoner has accumulated less than $50 in the prisoner's dedicated discharge account, the monies accumulated in the account shall be furnished to the prisoner on the prisoner's parole or discharge, and the state department of corrections shall furnish the difference up to $50. The department may furnish the monies to a prisoner who is released to the community on a stored value card, smart card or other instrument or device that enables a person to obtain goods, services or anything else of value through the use of value stored on the instrument or device.

C. A paroled prisoner, a prisoner who is released on community supervision or probation if the court waived community supervision pursuant to section 13-603 or a prisoner who is discharged may be furnished a nontransferable ticket on a railroad or bus serving at or near the place of release to the first railroad, bus station or ticket office beyond the limits of the state in any direction. If the ticket is not used within three days after the date of discharge, unless prevented by illness, it shall be void.

D. Notwithstanding subsection B of this section, the department shall furnish clothing not exceeding $35 in cost to each prisoner who is paroled, discharged, released on community supervision or released on probation if the court waived community supervision pursuant to section 13-603.

E. One month before the date of discharge, the prisoner shall be permitted to allow the prisoner's hair to grow.

F. Notwithstanding subsection B of this section, before a prisoner's discharge the state department of corrections shall withdraw from the prisoner's spendable or dedicated discharge account any applicable fees prescribed by title 28 or the department of transportation's rules for the issuance of either a driver license or a nonoperating identification license to the prisoner, if eligible.

§ 31-229 Functional literacy program; evaluation; certificate; exemptions; wages; definition

A. The director shall establish and administer a functional literacy program in each correctional institution in this state.

B. On commitment to the department, each inmate shall be given an educational evaluation, including a standardized assessment test in English or Spanish as selected by the department. Each inmate who fails to score the equivalent of a sixth grade literacy level on the standardized assessment test shall participate in the functional literacy program for a minimum of one hundred twenty instructional days of attendance unless the inmate is released from custody or demonstrates functional literacy before one hundred twenty instructional days have elapsed. Inmates who do not speak English shall take the standardized assessment test in Spanish. Inmates who are assessed to be functionally illiterate and non-English speaking shall participate in regular literacy program instruction or English as a second language program instruction if appropriate.

C. An inmate who cannot meet the functional literacy standard due to a medical, developmental or learning disability is not required to participate in the program unless it can be reasonably expected by the person in charge of the functional literacy program that the inmate would benefit from participation.

D. An inmate who on commitment to the department has less than six months of incarceration time to serve is exempt from the provisions of this section.

E. An identified functionally illiterate inmate who was committed to the department before January 1, 1994 may participate in the functional literacy program. An inmate who chooses to participate in the program must complete the one hundred twenty instructional days of attendance or demonstrate functional literacy before one hundred twenty instructional days have elapsed.

F. Except for inmates exempted under subsection C, inmates committed after January 1, 1994 may not receive a wage promotion for labor performed above the lowest wage paid in a job scale before reaching the functional literacy level. After attaining the functional literacy level, an inmate shall receive a wage promotion within the wage scale or a promotional opportunity to a more responsible and higher wage paying job.

G. Each inmate who successfully completes the functional literacy program shall be awarded a certificate of educational efficiency.

H. The board of executive clemency or other release authority shall take into consideration an inmate's successful completion of the functional literacy program when considering parole, pardon or other release action.

I. Pending the appropriation of additional educational resources, for inmates committed to the department after September 30, 1994, the functional literacy level shall be a seventh grade literacy level and for inmates committed to the department after September 30, 1995, the functional literacy level shall be an eighth grade literacy level as measured by standardized assessment testing.

J. This section does not apply to inmates:

1. For whom the department receives an order of deportation from the United States immigration and naturalization service.

2. Who are non-English and non-Spanish speaking.

K. As used in this section, "functional literacy" means the ability to read, write and perform basic mathematical computations and processes at or above the identified grade level.

§ 31-229.01 Functionally literate inmates; education requirement; rules; inmate fees; definition

A. If an inmate is determined to be functionally literate pursuant to section 31-229, has not received a high school diploma and is responsible for the support of dependent children who are receiving assistance pursuant to title 46, chapter 2, article 5, the inmate shall participate in educational instruction to continue the inmate's basic education to the degree of passing a general equivalency diploma test or an equivalency test approved by the state board of education.

B. The director of the state department of corrections in cooperation with the director of the department of economic security shall adopt rules to identify those inmates who are responsible for the support of dependent children who are receiving assistance pursuant to title 46, chapter 2, article 5 and to exchange necessary information.

C. Inmates responsible for the support of dependent children receiving assistance pursuant to title 46, chapter 2, article 5, who do not participate in educational instruction pursuant to this section shall not receive wages earned for labor performed in excess of the minimum amount necessary for inmate fees, as determined by the director, except that the inmate shall receive ten per cent of all wages earned. All remaining wages earned by the inmate shall be transferred to the general fund to offset the cost of the assistance provided pursuant to title 46, chapter 2, article 5.

D. For the purposes of this section, "inmate fees" means those fees established by rule by the director to offset the room and board costs of maintaining the prisoner at the facility, electrical utility costs, cost of medical services and court ordered restitution payments pursuant to section 13-603.

§ 31-229.02 Functionally literate inmates; release eligibility

A. Except as provided in section 41-1604.07, subsection F, if an inmate fails to achieve functional literacy at an eighth grade literacy level before the inmate becomes eligible for release pursuant to section 41-1604.07, the inmate is not eligible to begin the inmate's term of community supervision until either the inmate achieves an eighth grade functional literacy level as measured by standardized assessment testing or the inmate serves the full term of imprisonment imposed by the court, whichever first occurs.

B. This section does not apply to inmates who are any of the following:

1. Unable to meet the functional literacy standard required by subsection A of this section, due to a medical, developmental or learning disability as described in section 31-229, subsection C.

2. Classified as level five offenders.

3. Foreign nationals.

4. Inmates who have less than six months incarceration to serve on commitment to the department.

5. Released pursuant to section 41-1604.07, subsection B, paragraph 1.

§ 31-230 Prisoner spendable accounts; fees

A. The director shall establish a prisoner spendable account for each prisoner. All monies that are received by a prisoner and that are not required to be deposited in another account shall be deposited in the prisoner's spendable account.

B. The director shall adopt rules for the disbursement of monies from prisoner spendable accounts.

C. If the court has ordered the prisoner to pay restitution pursuant to section 13-603, unless the court ordered more than twenty percent to be withheld from the prisoner's spendable account, the director shall withdraw a minimum of twenty percent or the court-ordered amount to be withheld, or the balance owing on the restitution amount, up to a maximum of fifty percent of the monies available in the prisoner's spendable account each month to pay the court ordered restitution.

D. The director may establish by rule a fee for any deposits made to a prisoner spendable account. The director shall deposit, pursuant to sections 35-146 and 35-147, any monies collected pursuant to this subsection in the department of corrections building renewal fund established by section 41-797.

E. Before a prisoner's discharge, the state department of corrections may withdraw from the prisoner's spendable account any applicable fees prescribed by title 28 or the department of transportation's rules for the issuance of either a driver license or a nonoperating identification license to the prisoner, if eligible.

§ 31-231 Unauthorized communication with prisoner; classification; definition

A. A person who is not authorized by law and who without legal or official permission communicates with a prisoner who is within the custody and control of the department is guilty of a class 2 misdemeanor.

B. For the purposes of this section, all prisoners who are detained within a correctional facility or who are supervised in any program outside of a correctional facility are within the custody and control of the department. This section does not apply to prisoners who are on parole, community supervision, work release or home arrest or who are under any other conditional release that does not involve direct and continuous supervision by the department.

C. For the purposes of this section, "communication" means:

1. Any verbal or nonverbal communication that poses a direct threat to the safe and secure operation of the department's institutions, programs or inmate labor work crews.

2. Any written communication that includes taking any unauthorized letter, writing, literature or reading material to or from a prisoner who is within the custody and control of the department.

§ 31-232 Family considerations in prisoner placement and visitation rules

A. To the greatest extent possible and after accounting for security and capacity factors, the department shall place a prisoner who is a parent of a minor child in a prison facility that is located within two hundred fifty miles of the prisoner's permanent address on record.

B. The department shall adopt rules that authorize a prisoner who is a parent of a minor child and who is classified as a low or minimum security risk to be visited by the minor child. At a minimum the rules shall:

1. Provide opportunities for a child who is under eighteen years of age to visit the child's incarcerated parent at least two times each week unless a department employee has a reasonable belief that the dependent child:

(a) May be harmed during visitation.

(b) Poses a security risk due to the prisoner's gang affiliation, a prior conviction or a previous violation of a contraband policy.

2. Eliminate restrictions on the number of dependent children who are under eighteen years of age who are granted visitation privileges.

3. Authorize contact visits for a prisoner who is a parent of a minor child.

§ 31-233 Order for removal; purposes; duration; continuous alcohol monitoring program; failure to return; classification

A. The director may authorize the temporary removal under custody from prison or any other institution for the detention of adults under the jurisdiction of the department of any inmate for the purpose of employing the inmate in any work directly connected with the administration, management or maintenance of the prison or institution in which the inmate is confined, for purposes of cooperating voluntarily in medical research that cannot be performed at the prison or institution, or for participating in community action activities directed toward delinquency prevention and community betterment programs. The removal shall not be for a period longer than one day.

B. Under specific rules established by the director for the selection of inmates, the director may also authorize furlough, temporary removal or temporary release of any inmate for compassionate leave, for the purpose of furnishing to the inmate medical treatment not available at the prison or institution, for purposes preparatory to a return to the community within ninety days of the inmate's release date or for disaster aid, including local mutual aid and state emergencies. When an inmate is temporarily removed or temporarily released for a purpose preparatory to return to the community or for compassionate leave, the director may require the inmate to reimburse the state, in whole or part, for expenses incurred by the state in connection with the inmate's temporary removal or release.

C. Under specific rules established by the director for the selection of inmates, the director also may authorize release under a continuous alcohol monitoring program for any inmate who is sentenced pursuant to section 28-1383, subsection D or E and who is placed on probation. The director may require an inmate who is released under a continuous alcohol monitoring program to reimburse the state, in whole or part, for expenses incurred by the state in connection with the inmate's release.

D. An inmate who is released under a continuous alcohol monitoring program shall meet the following program eligibility requirements:

1. Serve an initial minimum term of twenty per cent of the inmate's term of incarceration.

2. Maintain compliance during the period of monitoring with all of the following requirements:

(a) At a minimum, once a day testing for the use of alcoholic beverages or drugs by a scientific method that is chosen by the director.

(b) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services.

(c) Prohibition of association with any person who is determined to be detrimental to the inmate's successful participation in the program.

(d) All other provisions of the inmate's sentence.

3. Any additional eligibility criteria that the director may impose.

E. Except if community supervision is waived pursuant to section 13-603, subsection K, the department shall add the amount of time the director approves for the inmate's temporary release to the inmate's term of community supervision imposed by the court pursuant to section 13-603. While the person is on temporary release the person is not on inmate status and is under the jurisdiction of the department until the terms of community supervision are met.

F. Any inmate who knowingly fails to return from furlough, temporary removal or temporary release granted under this section is guilty of a class 5 felony.

§ 31-234 Agreements with cities and counties; costs; transfer; participation in programs; custody of director

A. The director of the state department of corrections may enter into an agreement with a city, county jail district, county, or city and county to permit transfer of prisoners in the custody of the director of the state department of corrections to a jail or other adult correctional facility of such city, county jail district, county, or city and county, if the sheriff or corresponding official having jurisdiction over such facility has consented thereto. The agreement shall provide for payments to the city, county jail district or county in an amount sufficient to reimburse the full costs attached to housing a prisoner otherwise sentenced to the state department of corrections. The amount of payment in the agreement shall be based on an annual audit by the auditor general which shall report the direct average daily cost.

B. When an agreement entered into pursuant to subsection A is in effect with respect to a particular local facility, the director of the state department of corrections may transfer prisoners whose terms of imprisonment have been fixed to such facility if each transfer receives written approval from the sheriff or chief of police.

C. Prisoners so transferred to a local facility may, with approval of the sheriff, participate in programs of the facility, including work furlough rehabilitation programs. Prisoners so transferred remain in the constructive custody of the director but are subject to the rules of the facility in which they are confined. The state department of corrections shall bear the expense of any special program which is a required condition of confinement. If the state department of corrections does not pay these costs of confinement within fifteen days after receiving written notice from the sheriff or as may be otherwise provided in the terms of a written agreement between the state department of corrections and the sheriff, the sheriff may return the prisoner to the state department of corrections by delivering the prisoner to the nearest state correctional facility.

§ 31-235 Prisoner communications; definitions

A. The department shall mark all mail written by a prisoner committed to the state department of corrections indicating that the mail was sent from a prison maintained by this state.

B. An inmate shall not send any communication to the victim of the offense for which the inmate was convicted, or to members of the victim's family or household denoted by the victim, if the victim has requested not to receive any communication pursuant to section 13-4411.01. The department shall inform the inmate of persons to whom the inmate is forbidden to send any communication pursuant to this section and section 13-4411.01. The department shall impose appropriate sanctions, including reducing or denying earned release credits, against an inmate who corresponds or attempts to correspond with a person in violation of the request pursuant to section 13-4411.01.

C. An inmate shall not send mail to or receive mail from a communication service provider or remote computing service. The department shall impose appropriate sanctions, including reducing or denying earned release credits, against an inmate if either of the following applies:

1. The inmate corresponds or attempts to correspond with a communication service provider or remote computing service.

2. Any person accesses the provider's or service's internet website at the inmate's request.

D. On receipt of notice that an inmate has violated subsection B or C of this section, the department shall review all of the inmate's outgoing communications to ensure that no further correspondence is sent to the victim or to the victim's family or household members who have requested not to receive any inmate communication or to the communication service provider or remote computing service or any person who accesses the provider's or service's internet website.

E. For the purposes of this section:

1. "Communications" means any written, verbal or nonverbal communication, including mail, electronic communications and telephone calls.

2. "Communication service provider" has the same meaning prescribed in section 13-3001.

3. "Remote computing service" has the same meaning prescribed in section 13-3001.

§ 31-236 Prisoner inspection or search; state of undress; prohibited acts; exception; report; definition

A. To the greatest extent possible and consistent with safety and order the department shall adopt rules that limit a male correctional officer from conducting an inspection or search of a female prisoner who is in a state of undress. This subsection does not limit the ability of a male correctional officer to conduct an inspection or search when a female prisoner may be in a state of undress if a female correctional officer is not available.

B. If a male correctional officer determines that it is appropriate to conduct an inspection or search when it is clear that a female prisoner is in a state of undress in a private area, including a shower, a medical examination room or a toilet area, or the location in which the female prisoner is undergoing a body cavity search, the male correctional officer shall submit a report to the warden of the correctional facility within seventy-two hours after the inspection or search that provides the justification for the inspection or search.

C. For the purposes of this section, "state of undress" means a female prisoner is partially or fully naked.

§ 31-237 Dedicated discharge accounts

A. Each wage earning prisoner who is committed to the department shall deposit into a dedicated discharge account of the prisoner a percentage of wages earned by the prisoner pursuant to section 31-254. The department shall continue to deposit the percentage of wages earned by the prisoner in the dedicated discharge account until the account registers a $250 balance or, if the prisoner is serving a sentence of natural life, a $50 balance.

B. The monies that are accumulated in the dedicated discharge account shall be distributed to the prisoner on the prisoner's discharge from the department or transfer to a community release status or to home arrest, except that the prisoner may use monies in the account before the prisoner is discharged or transferred for items and services that the prisoner will require immediately after being released or transferred.

C. Notwithstanding subsection B of this section, before a prisoner's discharge the state department of corrections may withdraw from the prisoner's dedicated discharge account any applicable fees prescribed by title 28 or the department of transportation's rules for the issuance of either a driver license or a nonoperating identification license to the prisoner, if eligible.

§ 31-238 Incarceration costs; setoff

A. The director of the state department of corrections shall establish an annual cost of incarceration for any person who is convicted in a state court and committed to the state department of corrections.

B. This cost of incarceration shall reflect the amount of dollars this state spent in behalf of the prisoner and shall equal the average cost of one year's incarceration, and the director shall credit or debit a prorated portion of the cost of incarceration with respect to any such person incarcerated for three hundred thirty-four or fewer days in a given fiscal year.

C. The calculation of the number of days of incarceration in a given fiscal year for the purpose of such a fee shall include time served before conviction.

D. This state has the right to set off the cost of incarceration calculated under subsection A of this section at any time and without prior notice against any claim made by or monetary obligation owed to a person for whom a cost of incarceration can be calculated, except that twenty percent of any claim or monetary obligation is exempt from this section.

E. Based on the average annual cost of incarceration for the previous three years, this state may set off a sum to cover the minimum future incarceration that a person will serve but must tender to the person on release the difference between the amount of monies set off and the actual cost of incarceration, if any.

F. If a person for whom a cost of incarceration can be calculated obtains a monetary judgment against this state and the attorney general appears and exercises the rights of this section, any monies set off against the monetary judgment shall be distributed as follows:

1. Seventy percent of the monies set off shall be deposited in the state general fund.

2. Thirty percent of the monies shall be transmitted to the office of the attorney general to cover the costs associated with litigation.

§ 31-239 Utility fees

A. The director shall establish by rule a reasonable utility fee for electrical utilities that are consumed by prisoners who are confined in a correctional facility. The fee shall not exceed two dollars per month. The director shall charge each prisoner who possesses at least one major electrical appliance a utility fee. The director shall deduct the utility fee monthly from the prisoner's spendable account.

B. The director shall use the monies collected pursuant to this section to offset the cost of the department's utility expenses.

C. The director shall exempt the following prisoners from payment of the utility fee:

1. Prisoners at reception centers.

2. Prisoners in the behavioral treatment unit at the special management unit.

3. Prisoners with developmental disabilities who are housed in a special programs unit.

4. Prisoners who are housed in unit 8 at the Florence prison facility.

5. Prisoners who are inpatients at the Alhambra prison facility special programs psychiatric hospital.

6. Prisoners who are inpatients at the Flamenco prison facility mental health treatment unit.

D. The director shall deduct monies credited to an indigent inmate's spendable account for the payment of the utility fee.

§ 31-240 Prisoner education services budget; prohibited uses

A. The director shall establish and maintain a dedicated prisoner education services budget for each state prison to identify the monies appropriated to the department and expended for the following education programs:

1. The functional literacy program established pursuant to section 31-229.

2. Adult basic education.

3. General equivalency diploma preparation.

4. Vocational and technical education.

5. Postsecondary education for employment in any of the following industries:

(a) Information technology.

(b) Transportation and warehousing.

(c) Construction.

(d) Health care and social assistance.

(e) Manufacturing.

(f) Finance and insurance.

(g) Retail trade.

B. The director shall determine the amount of the education services budget monies that are allocated for education programs dedicated to prisoners incarcerated in a special management unit.

C. The director shall not spend the education services budget monies for education programs dedicated to prisoners who are sentenced to death or life imprisonment or who are classified as maximum custody.

D. Subsection C of this section does not apply to prisoners who are under eighteen years of age and prisoners with disabilities who are under twenty-two years of age.

§ 31-241 Inmate complaints to boards; procedure

A. An inmate shall exhaust all internal department grievance procedures before filing a complaint with any of the following boards:

1. The state board of dental examiners established by section 32-1203.

2. The Arizona regulatory board of physician assistants established by section 32-2502.

3. The Arizona medical board established by section 32-1402.

4. The Arizona state board of nursing established by section 32-1602.

5. The board of occupational therapy examiners established by section 32-3402.

6. The Arizona board of osteopathic examiners in medicine and surgery established by section 32-1801.

7. The Arizona state board of pharmacy established by section 32-1902.

8. The state board of psychologist examiners established by section 32-2062.

B. If an inmate files a complaint with a board pursuant to subsection A of this section, the inmate shall attach a copy of the final department grievance response to the complaint.

§ 31-242 Internet access; violation; classification; definitions

A. Except as authorized by the department, an inmate shall not have access to the internet through the use of a computer, computer system, network, communication service provider or remote computing service.

B. An inmate who violates this section is guilty of a class 1 misdemeanor.

C. For the purposes of this section:

1. "Communication service provider" has the same meaning prescribed in section 13-3004.

2. "Computer" has the same meaning prescribed in section 13-2301, subsection E.

3. "Computer system" has the same meaning prescribed in section 13-2301, subsection E.

4. "Network" means a complex of interconnected computer or communication systems of any type.

5. "Remote computing service" has the same meaning prescribed in section 13-3004.

Article 3 Labor by Prisoners

§ 31-250 Definition of work crew

In this article, unless the context otherwise requires, "work crew" means a group of prison inmates who possess the skills and training to work at prison sites and to participate, under the security supervision of correctional service officers, in any phase of prison construction, maintenance, renovation or conversion. In addition to the security supervision provided by correctional service officers, personnel from either the state department of corrections or the department of administration may provide project supervision of work crews on job assignments.

§ 31-251 Hard labor required of prisoners; labor classification; definition

A. The director has the authority to require that each able-bodied prisoner under commitment to the state department of corrections engage in hard labor for not less than forty hours per week, except that not more than twenty hours per week of participation in an educational, training or treatment program may be substituted for an equivalent number of hours of hard labor as prescribed by the director of the state department of corrections. The director may require retention of earnings for the purposes authorized by section 31-254.

B. The director shall establish a prisoner labor classification system to insure that:

1. A prisoner receives work assignments commensurate and compatible with the condition and limitations of his physical and mental health.

2. No prisoner participates in a work assignment that threatens the safety or security of the public, the correctional institution or the prisoner.

3. Each prisoner is generally assessed for skills related to the construction and maintenance of prison facilities.

4. Each prisoner who does not present a risk to the public and who is not limited by his physical or mental health may be assigned to a work crew.

C. Each prisoner committed to the department shall be classified pursuant to the prisoner labor classification system established by the director. The director or his designee shall review and approve each classification of a prisoner that results in exempting the prisoner from engaging in the hard labor requirements of subsection A of this section.

D. In this article, "hard labor" means compulsory physical activity for the attainment of some object other than recreation or amusement but does not include physical activity that is not within the ability of an individual prisoner.

E. Notwithstanding any other law, no prisoner given a work assignment or required to perform any labor by the state department of corrections shall be considered an employee or to be employed by the state or the state department of corrections, regardless of whether the prisoner is compensated or not, nor shall an employee-employer relationship exist between the prisoner and the state department of corrections or the state for any purpose and none of the rights or privileges otherwise accorded to employees by law shall accrue to such prisoners.

§ 31-251.01 Definition

In this article, unless the context otherwise requires:

1. "First offender" means a prisoner who has not previously served a prison term for conviction of an offense which would constitute a felony if committed in this state.

§ 31-252 Use of prisoners in public works; cooperative prisoner labor system; definitions

A. The director may enter into a cooperative agreement with any state agency or political subdivision of this state or any department or agency of the federal government to provide hard labor by prisoners on public works.

B. The director shall develop and maintain a cooperative prison labor system for the purpose of establishing plans and procedures for initiating, entering into and executing contracts pursuant to subsection A. The system shall include procedures providing for:

1. Facilitation of communication between the department and other state agencies and political subdivisions regarding the need for and utilization of hard labor by prisoners on public works.

2. As a condition of every cooperative agreement entered into pursuant to subsection A, cost sharing between the department and the state agency or political subdivision for the maintenance of prisoners engaged in work projects outside of a corrections facility of the department, including transportation, supervision, security, housing, food and health services.

C. The director may authorize the use of prisoner work crews to participate in community betterment projects for public and private nonprofit entities. The department may compensate prisoner work crews from monies appropriated by the legislature for the work incentive pay program established by the department. Before allowing a prisoner work crew to participate in a community betterment project, the department shall determine that the project and the manner of prisoner compensation comply with article IX, section 7, Constitution of Arizona.

D. For purposes of this section:

1. "Community betterment project" means any public or private works project that uses prisoners and serves to benefit this state in terms of health, safety, welfare or aesthetics.

2. "Public works" means the maintenance, construction or adaptation of public land or any building, structure, erection or improvement on public land including roads, flood control projects and parks.

§ 31-253 Use of prisoners in prison construction; definition

A. The director of the state department of corrections and the director of the department of administration shall use prisoner labor to the maximum extent feasible in the construction of all prison facilities.

B. Prisoner labor shall be used exclusively for all fencing and concrete flatwork as well as in the construction, renovation, conversion and maintenance of all of the following types of buildings:

1. Administrative.

2. Warehouse.

3. Vehicle and maintenance.

4. Educational and vocational.

5. Arizona correctional industries.

6. Multipurpose.

7. Laundry.

C. Subsection B of this section does not apply if any of the following conditions apply:

1. The director of the state department of corrections, after consultation with the department of administration, determines that use of prisoner labor is not feasible because highly technical skills are needed in the construction and this need cannot be met by prisoner labor.

2. The director determines that the use of prisoner labor is not feasible due to considerations of public or institutional security.

3. The director declares, and the governor certifies, that there is a shortage of beds available for inmates which requires the emergency construction of new beds.

D. Before the publication of the notice inviting sealed bids for any prison construction, the director of the department of administration shall review the listing of work crews maintained by the director of the state department of corrections pursuant to section 31-251, subsection B, paragraph 4. If a work crew exists or can be assembled that possesses the skills to fulfill the requirements of all or any part of the proposed construction contract, the bid for that portion of the proposed construction which can be accomplished by prisoner labor shall not be published and that portion of the proposed construction shall be performed by inmate work crews under the project supervision of the director of the state department of corrections or the director of the department of administration, or both. That portion of the proposed construction contract that cannot be performed entirely by prisoner labor may be let for bid. An estimate of the approximate number of available prisoners with skill levels appropriate for the construction project shall be contained within the contract documents, and notice of the requirement to make maximum feasible use of prisoner labor shall be published with the notice inviting sealed bids.

E. Contractors may employ prisoners in a prison construction project. The compensation paid by contractors to prisoners employed in prison construction is subject to the provisions of section 41-1674.

F. In this section, "prison construction" means any construction or major maintenance, renovation or conversion of any prison facility.

§ 31-254 Compensation for labor performed; price of prison made articles; distribution of earnings; workers' compensation

A. Each prisoner who is engaged in productive work in any state prison or institution under the jurisdiction of the department or a private prison under contract with the department as a part of the prison industries program shall receive for the prisoner's work the compensation that the director determines. The compensation shall be in accordance with a graduated schedule based on quantity and quality of work performed and skill required for its performance but shall not exceed one dollar fifty cents per hour unless the prisoner is employed in an Arizona correctional industries program pursuant to title 41, chapter 11, article 3. If the director enters into a contract pursuant to section 41-1624.01 with a private person, firm, corporation or association the director shall prescribe prisoner compensation of at least two dollars per hour. Compensation shall not be paid to prisoners for attendance at educational training or treatment programs, but compensation may be paid for work training programs.

B. Whenever a price is fixed for any article, material, supply or service to be produced, manufactured, supplied or performed in connection with the industries program of the department, the compensation paid to prisoners shall be included as an item of cost in fixing the price.

C. The compensation of prisoners shall be paid out of the fund established pursuant to section 41-1624 or out of funds appropriated for that purpose by the legislature when required.

D. If the compensation due a prisoner is less than two dollars per hour, mandatory deductions shall be taken for the following purposes in the order specified:

1. Twenty-five percent of the prisoner's gross wages until the prisoner's dedicated discharge account registers a two hundred fifty dollar balance or, if the prisoner is serving a sentence of natural life, a fifty dollar balance.

2. If the prisoner initiates a lawsuit, twenty percent from all deposits to the prisoner's spendable account until the court fees are collected in full.

3. If the prisoner was not convicted of a violation of title 28, chapter 4, five percent of the prisoner's gross wages shall be used exclusively to fund the transition program established by section 31-281. All monies collected under this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in the transition program fund established by section 31-284.

4. Thirty percent of the prisoner's wages for court ordered dependent care.

E. If the compensation due a prisoner equals or exceeds two dollars per hour, the director shall credit to the prisoner's spendable account established pursuant to section 31-230 an amount equaling fifty cents per hour for each hour compensation is due plus ten percent of the adjusted balance remaining after the mandatory deductions are taken. Mandatory deductions shall be taken for the following purposes in the order specified:

1. Twenty-five percent of the prisoner's gross wages until the prisoner's dedicated discharge account registers a two hundred fifty dollar balance or, if the prisoner is serving a sentence of natural life, a fifty dollar balance.

2. If the prisoner initiates a lawsuit, twenty percent from all deposits to the prisoner's spendable account until the court costs are collected in full.

3. If the prisoner was not convicted of a violation of title 28, chapter 4, five percent of the prisoner's gross wages to fund the transition program established by section 31-281. All monies collected under this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in the transition program fund established by section 31-284.

4. Thirty percent of the prisoner's wages for the room and board costs of maintaining the prisoner at the facility.

5. Thirty percent of the prisoner's wages for court ordered dependent care.

F. After the mandatory deductions and obligations are paid by the prisoner, the remaining monies shall be credited to the prisoner's retention account established by the director pursuant to section 31-261, subsection B.

G. A prisoner may gain access to the prisoner's trust fund or retention account for emergency purposes at the sole discretion of the director.

H. Any monies not expended from the contributing prisoner's trust fund or retention account for the purposes prescribed in subsection E of this section shall be paid to the prisoner on release pursuant to section 31-228.

I. If any prisoner escapes, the director shall determine what portion of the prisoner's earnings shall be forfeited, and the forfeited amount shall be deposited in the special services fund established by section 41-1604.03.

J. This section is not intended to restore, in whole or in part, the civil rights of any prisoner. A prisoner who is compensated under this section shall not be considered to be an employee of or employed by this state, the department or any private person, firm, corporation or association engaged in a contract pursuant to section 41-1624.01, and the prisoner does not come within any of the provisions of the workers' compensation provided in title 23, chapter 6 and is not entitled to any benefits under title 23, chapter 6 whether on behalf of the prisoner or of any other person. This subsection does not apply to prisoners who are employed pursuant to a federally certified prison industry enhancement program established pursuant to section 41-1674.

§ 31-255 Alcohol abuse treatment fund

A. The alcohol abuse treatment fund is established.

B. Notwithstanding section 31-254, the director of the state department of corrections shall deposit in the fund the lesser of sixty-seven per cent or fifty cents per hour of the monies earned by persons sentenced to the department pursuant to section 28-1381, 28-1382 or 28-1383 for work performed. The director shall deposit the remaining monies in the wage earning prisoner's spendable account. The director shall take the mandatory deductions pursuant to section 31-254.

C. Monies in the alcohol abuse treatment fund are subject to legislative appropriation to the department, and the director shall use the fund monies to provide alcohol abuse treatment and rehabilitation services to persons sentenced to the department pursuant to section 28-1381, 28-1382 or 28-1383 and to reduce the calculated cost of the per diem rate for treatment and rehabilitation services that are provided by a private prison authorized pursuant to section 41-1609.

D. Monies in the alcohol abuse treatment fund are exempt from section 35-190 relating to lapsing of appropriations.

§ 31-256 Prisoner training; individual certificates; requirements

While incarcerated, a prisoner who successfully completes a training program that results in certification to work in a specific field or trade shall receive an individual certificate that includes the prisoner's name, the date of the training and information that the prisoner successfully completed the training program and is certified to work in that specific field or trade.

Article 4 Products of Prisoners

§ 31-261 Sale or exchange of products of individual prisoners

A. Products of individual prisoner enterprise, hobby, craft or art may be marketed to the public.

B. The director is authorized to establish a trust fund, or retention account, for the administration of the marketing programs prescribed by subsection A of this section or participation in other approved programs, the proceeds of which shall be distributed to the special service fund and the contributing prisoner's account. The fund shall be separate from funds appropriated by the legislature to department support and maintenance.

C. Notwithstanding section 31-204, the provision for marketing products of prisoner or inmate ingenuity, skill or patent, as prescribed by the terms of this section, shall be permitted under formal rules to be published by the director.

D. If the court has ordered the prisoner to pay restitution pursuant to section 13-603, the director shall withdraw a minimum of twenty per cent, or the balance owing on the restitution amount, up to a maximum of fifty per cent of the monies available in the prisoner's trust fund or retention account each month to pay the court ordered restitution.

Article 5 Correctional Facility Construction

§ 31-271 Adult correctional facility; multiple confinement

Any adult correctional facility acquired, converted or constructed shall confine more than one person in each cell or room except as strictly necessary for the purposes of punishment or the protection of specific prisoners.

Article 6 Transition Program

§ 31-281 Transition program; report; definition

(Rpld. 7/1/30)

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

§ 31-282 Contracted entities; duties; services; definition

(Rpld. 7/1/30)

A. Each entity that contracts with the department to provide transition services pursuant to this article shall coordinate all services provided by the entity with the department.

B. Each contracted entity shall establish a network that may include community and faith-based organizations to make mentoring services and assistance available to eligible persons before and after eligible persons are released from confinement up to each eligible person's community supervision end date. A contracted entity may provide the following services or assistance to eligible persons:

1. Placing the person in employment, employment assistance and career counseling.

2. Basic academic education, general equivalency diploma preparation and postsecondary education job training.

3. Transitional needs, including housing, food or treatment services.

4. Assistance in finding health insurance coverage for the person and, if applicable, medical assistance, including assistance in finding necessary medication.

5. Mentoring services from the network established pursuant to this subsection.

C. Each contracted entity shall coordinate with the department to assist in placing eligible persons in appropriate training programs that may include basic or continuing education courses, anger management, communication skills, drug treatment, alcohol treatment, character education or family reunification.

D. Each contracted entity shall provide liaison services to the state department of corrections, the department of health services, the governor's office, county probation departments and community and faith-based organizations.

E. 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.

§ 31-283 Transitional housing; contracts; state licensed facilities

Notwithstanding section 31-282, for one year following October 30, 2023 and on the expiration of any contract to provide transitional housing services for inmates that was entered into before October 30, 2023 and that expires after October 30, 2023, the department may enter into a contract to provide transitional housing services for inmates only with a state licensed facility.

§ 31-284 Transition program fund

(Rpld. 7/1/30)

The transition program fund is established consisting of the monies collected pursuant to section 31-254, subsection D, paragraph 3 and subsection E, paragraph 3 and section 31-285, subsection C. The department shall administer the fund to pay for any costs related to the administration of the transition program and for transition program services. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

§ 31-285 Transition program release; report

(Rpld. 7/1/30)

A. An inmate who enters a transition program pursuant to this article shall be released from confinement three months earlier than the inmate's earliest release date based on the inmate's risk and need and rules adopted pursuant to section 31-281. An inmate who the director determines has participated in the program but who is not low risk shall not be released from confinement earlier than the inmate's earliest release date.

B. On or before September 30 of each year, the department shall prepare a report that details the cost reductions to the department that are directed to the transition program pursuant to this article and the number of participants who did not receive an early release under the transition program. The reduction rate shall equal at least seventeen dollars per inmate per day. The department shall submit a copy of its report to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the director of the joint legislative budget committee and the secretary of state.

C. The state treasurer shall deposit any cost reductions that are identified pursuant to subsection B of this section in the transition program fund established by section 31-284 for the purpose of providing transitional services.

Article 7 Mental Health Transition Program

§ 31-291 Mental health transition program; contracted entities; inmate eligibility; rules; study; report; definition

(Rpld. 7/1/29)

A. The department shall establish the mental health transition program to provide eligible inmates with transition services in the community. An inmate who is in the mental health transition program and who was not convicted of any offense listed in section 31-281, subsection B, paragraph 1, subdivisions (a) and (b) shall be released from confinement three months earlier than the inmate's earliest release date based on the inmate's risk and need and rules adopted pursuant to this section.

B. The department shall administer the mental health transition program and contract with private or nonprofit entities to provide eligible inmates with mental health transition services and shall procure mental health transition services pursuant to title 41, chapter 23. The department may refer an inmate who has a mental health condition to be placed in the mental health transition program. The department shall place up to five hundred eligible inmates in the mental health transition program each fiscal year.

C. The director shall adopt rules to implement this section. The rules shall:

1. Include eligibility criteria for an inmate to receive a contracted entity's mental health transition services. To be eligible, at a minimum, an inmate must:

(a) Agree in writing to provide specific information. The department shall use the information to prepare the report prescribed by subsection E, paragraph 3 of this section.

(b) Be diagnosed as seriously mentally ill and, on release, be eligible for Arizona health care cost containment system benefits.

2. Require that an eligible inmate be offered services, which may include health care assistance to obtain Arizona health care cost containment system-funded services, case management, housing, psychiatric management, drug testing that includes a DNA match to the person and the level of any prescription drugs and transportation.

3. Require that each eligible inmate receive services in the program for at least ninety days or for the duration of the inmate's release.

D. In awarding contracts under this section, the department shall comply with section 41-3751.

E. The department shall:

1. Conduct an annual study to determine the recidivism rates of inmates who receive a contracted entity's mental health transition services pursuant to this section. The study shall include the recidivism rates of inmates who have been released from incarceration for a minimum of two years after release.

2. Evaluate each inmate and provide the information to the contracted entity.

3. On or before December 31 of each year, submit a written report to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative budget committee 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 one-year, two-year and three-year rates of return to the department's custody for an inmate who received services in the program compared to a released inmate with a seriously mentally ill diagnosis during the same period who did not receive services in the program.

(b) The number of inmates who participated in the program at any point during the previous fiscal year.

(c) The number of inmates who completed ninety days of services in the program during the previous fiscal year.

(d) The number of inmates who were still enrolled in the program on the last day of the previous fiscal year.

(e) The number of inmates who were unsuccessfully discharged from the program during the previous fiscal year.

(f) The number of inmates who were successfully connected to Arizona health care cost containment system services during the previous fiscal year as evidenced by the inmate both completing an intake for services and using those services throughout the ninety-day period or through the end of the fiscal year, whichever occurs first.

(g) Of the inmates who participated in the program at any point during the previous fiscal year, the number of inmates who used Arizona health care cost containment system-funded mental health services, substance abuse services, psychiatric management services, case management services and transportation or housing services, or both.

4. Provide information about the mental health transition program to each inmate who has a mental health condition or mental health co-occurring condition and who is not serving a life sentence on admission to prison and to each inmate who is potentially eligible for the mental health transition program nine months before the inmate's earliest release date. The information must include all of the admission requirements to the mental health transition program and the disqualifying factors under this section.

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

Article 10 Prisoner Participation in Medical Research and Plasmapheresis and Whole Blood Programs

§ 31-321 Prisoner participation in approved programs

A. Any prisoner with the written consent of the director and the chief of health services may volunteer to participate in an approved program of medical research or plasmapheresis and whole blood program.

B. Before consenting to participate in the program, the chief of health services and a representative of the person, firm or corporation conducting the program shall advise the prisoner of the nature of the program and the dangers, if any, which may result by reason of such participation.

C. The consent of any prisoner to participate in the program shall be evidenced in writing and as a condition precedent to a prisoner's participation the prisoner shall release the state, the director and the chief of health services from any and all liability for claims arising out of the prisoner's participation in the program.

§ 31-322 Approval of programs

A. Any person, firm or corporation desiring to conduct a program of medical research or plasmapheresis and whole blood program employing prisoners shall submit to the director a written proposal containing a detailed statement of the purpose and nature of the proposed program.

B. The director shall submit any proposal received pursuant to subsection A to the chief of health services for review and recommendation.

C. Upon a favorable recommendation from the chief of health services, the director may approve the proposed program subject to such conditions as the director or the chief of health services may prescribe.

D. The director may grant to the person, firm or corporation conducting an approved program of medical research or plasmapheresis and whole blood program a revocable license to enter upon the state prison and conduct the approved program.

§ 31-323 Compensation for prisoner participation in approved programs; trust fund or retention account

A. An approved program of medical research or plasmapheresis and whole blood program may provide for the payment of compensation to participating prisoners.

B. Proceeds from prisoner participation in approved programs shall be paid into the trust fund or retention account established by the director pursuant to section 31-261, subsection B.

Article 11 Work Furlough Program

§ 31-331 Definitions

In this article, unless the context otherwise requires:

1. "Court" means a justice of the peace, town magistrate, city magistrate, superior court commissioner or superior court judge.

2. "Detention facility" means any jail or other place of detention of persons charged with or convicted of a crime, including town, city, county, or regional facilities.

3. "Employment" includes vocational training and other educational and rehabilitative activities, whether or not for compensation.

4. "Local governing board" means town council, city council or board of supervisors, or any combination thereof.

5. "Prisoner" means a person incarcerated in a detention facility who has been charged with or convicted of a misdemeanor, or a person incarcerated for nonpayment of a fine, for contempt or as a condition of probation for any criminal offense.

6. "Work furlough administrator" means a probation officer, sheriff, or other person authorized by the local governing board to perform the functions of the work furlough administrator.

§ 31-332 Applicability

The provisions of this article shall be operative in any town, city, county or region in which the local governing board determines that the operation of a work furlough program is feasible and appoints a work furlough administrator.

§ 31-333 Work furlough

A. A court may direct that a prisoner in a detention facility continue his regular employment or obtain new employment during his period of incarceration and specify appropriate terms and conditions.

B. Whenever the prisoner is not actually working at his employment he shall be confined in the detention facility, unless the court otherwise directs upon recommendation of the work furlough administrator.

C. If the court directs that the prisoner continue his regular employment, the work furlough administrator shall make appropriate arrangements as promptly as possible. If the court directs that the prisoner obtain new employment, the work furlough administrator shall give appropriate assistance.

D. Any employment obtained must be suitable for the prisoner. Wages received must be at least as high as the prevailing wage for similar work in the area in accordance with the prevailing working conditions in the area.

§ 31-334 Earnings of prisoner

A. The work furlough administrator shall provide that all earnings of a prisoner be transmitted to the work furlough administrator.

B. From the earnings, the work furlough administrator shall pay the prisoner's board and personal expenses both inside and outside the detention facility. The work furlough administrator shall also, upon authorization from the court, make payments toward the support of the prisoner's dependents, if any, and toward any restitution ordered by the court. If there are any remaining funds, the work furlough administrator may, upon authorization of the prisoner, pay in full or in part the preexisting debts of the prisoner. Any balance shall be retained until the prisoner is discharged and thereupon shall be paid to him.

C. The work furlough administrator shall make provisions for a separate trust account with the local governing unit through which all earnings shall be channeled. This responsibility may be delegated to an appropriate fiscal officer of the local governing unit.

§ 31-335 Time credits

A prisoner shall be eligible for time credits while on work furlough if he would otherwise be eligible.

§ 31-336 Improper conduct

In the event a prisoner violates conditions laid down for his conduct or employment, the work furlough administrator shall report such fact to the court and, after a hearing in the presence of the prisoner, the court may order that the balance of the prisoner's sentence or other detention be spent in actual confinement.

Article 12 Escape

§ 31-341 Definitions

In this article, unless the context otherwise requires:

1. "Correctional facility" means any place used for the confinement or control of a person:

(a) Charged with or convicted of an offense; or

(b) Held for extradition; or

(c) Pursuant to an order of court for law enforcement purposes. Lawful transportation or movement incident to correctional facility confinement pursuant to subdivision (a), (b) or (c) is within the control of a correctional facility. For purposes of this article, being within the control of a correctional facility does not include release on parole, probation or by other lawful authority upon condition of subsequent personal appearance at a designated place and time.

2. "Custody" means the imposition of actual or constructive restraint pursuant to an on-site arrest or court order but does not include detention in a correctional facility, juvenile detention center or state hospital.

3. "Escape" means departure from custody or from a correctional facility in which a person is held or detained with knowledge that such departure is unpermitted or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period.

§ 31-342 Escape; liability for costs incurred in apprehension

A. Any person who is convicted of escape from custody or a correctional facility pursuant to section 13-2502, 13-2503 or 13-2504 is liable for any costs incurred in the person's apprehension, including costs incurred for food, lodging and travel during transportation of the person to the correctional facility in which the person was held or detained before the escape or, if the escape was from custody, to the correctional facility in which the person would have been held or detained.

B. At the time of sentencing for the offense of escape, the court shall determine the costs incurred in apprehending the defendant and may order that the costs be paid by the defendant. A judgment that the defendant pay the costs incurred in the defendant's apprehension may be satisfied from the prisoner's trust fund or retention account established by the correctional facility in which the defendant is incarcerated.

Chapter 3 Executive Clemency

Article 1 Board of Executive Clemency

§ 31-401 Board of executive clemency; qualifications; appointment; officers; quorum; meeting

A. The board of executive clemency is established consisting of five members who are appointed by the governor pursuant to this subsection and section 38-211.

B. The members of the board shall serve on a full-time basis and receive compensation as determined pursuant to section 38-611, subsection A. Beginning from and after December 31, 2013, members of the board are eligible for any benefits that are provided to state employees pursuant to section 38-651. Each member shall be appointed on the basis of broad professional or educational qualifications and experience and shall have demonstrated an interest in the state's correctional program. No more than two members from the same professional discipline shall be members of the board at the same time.

C. Each member appointed to the board shall complete a four-week course relating to the duties and activities of the board. The course shall be designed and administered by the chairman of the board and shall be conducted by the office of the board of executive clemency and the office of the attorney general. The course shall include training in all statutes that pertain to the board and participation in a decision making workshop.

D. Members shall be appointed for a term of five years to expire on the third Monday in January of the appropriate year.

E. A member of the board may be removed by the governor for cause.

F. The governor shall select a member of the board as chairman. The chairman shall select other officers as are advisable. The term of the chairman is two years, except that the chairman may be removed as chairman at the pleasure of the governor. If a board member's term expires while the member is serving as chairman, the chair shall be deemed vacant and a new chairman shall be selected.

G. The board may adopt rules, not inconsistent with law, as it deems proper for the conduct of its business. The board may from time to time amend or change the rules and publish and distribute the rules as provided by the administrative procedures act.

H. The board shall meet at least once a month at the state prison and at other times or places as the board deems necessary.

I. The presence of three members of the board constitutes a quorum, except that the chairman may designate that the presence of two members of the board constitutes a quorum.

J. If two members of the board constitute a quorum pursuant to subsection I of this section and the two members do not concur on the action under consideration, the chairman of the board, if the chairman is not one of the members who constituted the quorum and after reviewing the information considered by the two members, shall cast the deciding vote. If the chairman of the board is one of the two members constituting a quorum at a hearing under subsection I of this section, and there is not concurrence on the action under consideration, the action fails.

K. The board shall employ an executive director whose compensation shall be determined pursuant to section 38-611. The executive director serves at the pleasure of the board and reports to the board through the chairman of the board.

§ 31-402 Powers of board; powers and duties of governor; powers and duties of executive director

A. For all persons who committed felony offenses before January 1, 1994, the board of executive clemency shall have exclusive power to pass on and recommend reprieves, commutations, paroles and pardons. A reprieve, commutation or pardon may not be granted by the governor unless it has first been recommended by the board.

B. For all persons who committed felony offenses before January 1, 1994, all applications for reprieves, commutations and pardons made to the governor shall be at once transmitted to the chairperson of the board, and the board shall return the applications with its recommendation to the governor. All applications for reprieves, commutations and pardons made to the governor shall include documentation that the victim or the victim's family was notified pursuant to section 31-411, subsection H.

C. For all persons who committed felony offenses on or after January 1, 1994, in addition to the powers and duties prescribed in subsection A of this section, the board of executive clemency:

1. Is vested with the powers and duties of the board of pardons and paroles as they existed before January 1, 1994 to carry out articles 3, 4.1, 5, 6 and 7 of this chapter.

2. After a hearing for which the victim, county attorney and presiding judge are given notice and an opportunity to be heard, may make recommendations to the governor for commutation of sentence after finding by clear and convincing evidence that the sentence imposed is clearly excessive given the nature of the offense and the record of the offender and that there is a substantial probability that when released the offender will conform the offender's conduct to the requirements of the law.

3. Shall receive petitions from individuals for whom the court has entered a special order allowing the person to petition the board pursuant to section 13-603, subsection L and may make recommendations to the governor.

4. Shall receive petitions from individuals, organizations or the department for review and commutation of sentences and pardoning of offenders in extraordinary cases and may make recommendations to the governor.

5. Shall receive petitions from the state department of corrections alleging that an offender has violated the offender's terms and conditions of community supervision and has lapsed or is probably about to lapse into criminal ways or company. If the board determines that an offender on community supervision has violated the terms and conditions of community supervision the board may do any of the following:

(a) If the offender has not committed an additional offense, place the offender on electronic monitoring.

(b) Revoke community supervision and return the offender to prison for the remainder of the offender's community supervision.

(c) Impose additional terms and conditions on the offender while keeping the offender on community supervision. If there is reasonable cause to believe that an offender who has been kept on community supervision has violated any term or condition of community supervision, any member of the board may petition the board to revoke community supervision. After a petition to revoke has been submitted, the chairperson may issue a summons directing the offender to appear on a specified date for a revocation hearing or may issue a warrant for the offender's arrest. This subsection does not limit the state department of corrections' authority with respect to submitting revocation petitions or issuing revocation warrants.

D. Any recommendation for commutation that is made unanimously by the members present and voting and that is not acted on by the governor within ninety days after the board submits its recommendation to the governor automatically becomes effective.

E. The executive director shall perform all administrative, operational and financial functions for the board.

F. The executive director may employ case analysts as deemed necessary within the limits of legislative appropriation and subject to title 41, chapter 4, article 4. The analysts shall aid the board in making investigations, in securing information and in performing necessary administrative functions to assist the board in passing on applications for parole and commutation.

G. The executive director may employ hearing officers as deemed necessary within the limits of legislative appropriation and subject to title 41, chapter 4, article 4. The hearing officers shall conduct probable cause hearings on parole, work furlough, community supervision and home arrest revocations or rescissions. Hearing officers shall assist the board in making investigations, securing information and performing necessary administrative functions.

§ 31-403 Commutation; restrictions on consideration

A. A person who is otherwise eligible for commutation and who is denied a commutation of sentence recommendation shall not petition or be considered by the board for commutation of that sentence for a period of five years following the date of the board's denial of the commutation recommendation if the offense for which the commutation recommendation was denied involved any of the following:

1. Death in violation of section 13-1104 or 13-1105.

2. Serious physical injury if the person was sentenced pursuant to section 13-704.

3. A dangerous crime against children as defined in section 13-705.

4. A felony offense in violation of title 13, chapter 14 or 35.1.

B. Notwithstanding subsection A, paragraph 2 of this section, if, in its sole discretion, the board determines that the person committed an offense that involved serious physical injury as defined in section 13-105 and that the person was not sentenced pursuant to section 13-704, the board may order that the person shall not petition or be considered by the board for commutation of that sentence for a period of five years following the date of the board's denial of the commutation recommendation.

C. Notwithstanding subsection A or B of this section, the board, at the time of denial, may lengthen the five year period of time prescribed in subsection A or B of this section to a period of up to ten years, except that if the offense for which commutation was denied involved a violation of an offense listed in subsection A, paragraph 1 of this section, the board may lengthen the period of time to a period of time that is greater than ten years and that is specified by the board by one of the following votes:

1. A majority affirmative vote if four or more members consider the action.

2. A unanimous affirmative vote if three members consider the action.

3. A unanimous affirmative vote if two members consider the action pursuant to section 31-401, subsection I and the chairman concurs after reviewing the information considered by the two members. If the chairman is one of the two members constituting a two member quorum under section 31-401, subsection I, and both the chairman and the other member vote to lengthen the five year period to a period of time greater than ten years, no further action shall be taken and the decision on whether to lengthen the five year period shall be considered by the board at a meeting at which at least three members are present and voting.

D. The board may waive the provisions of subsections A, B and C of this section if any of the following applies:

1. The person is in imminent danger of death due to a medical condition, as determined by the board.

2. The person is the subject of a warrant of execution.

3. The sentence for which commutation is sought is the subject of a special order issued by the court pursuant to section 13-603, subsection L.

E. This section applies only to offenses that are committed on or after January 1, 2006.

§ 31-404 Wilful failure to pay; revocation of parole or community supervision

If the board of executive clemency finds that a defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that a defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the board may revoke the defendant's parole or community supervision and return the defendant to prison pursuant to law.

Article 2 Paroles

§ 31-411 Parole or discharge; conditions of parole; release under supervision of state department of corrections; notice of hearing; exceptions; drug testing costs

A. Any prisoner who has been certified as eligible for parole or absolute discharge from imprisonment pursuant to section 31-412, subsection B or section 41-1604.09 shall be given an opportunity to apply for release on parole or for an absolute discharge from imprisonment. The board of executive clemency shall not entertain any other form of application or petition for the release on parole or absolute discharge from imprisonment of any prisoner.

B. A prisoner who is eligible for parole or absolute discharge from imprisonment shall be given an opportunity to be heard either before a hearing officer designated by the board or the board itself, at the discretion of the board.

C. If the hearing is heard by a hearing officer, the hearing officer shall make a recommendation on application for parole or absolute discharge from imprisonment to the board within thirty days after the hearing date. Within thirty days after the date of the hearing officer's recommendations, the board shall review these recommendations and either approve, with or without conditions, or reject the prisoner's application for parole or absolute discharge from imprisonment. A prisoner who is eligible for parole or absolute discharge from imprisonment shall not be denied parole or absolute discharge from imprisonment without an opportunity to be heard before the board unless another form of release has been granted.

D. If parole is granted, the prisoner shall remain on parole unless the board revokes the parole or grants an absolute discharge from parole or until the prisoner reaches the individual earned release credit date pursuant to section 41-1604.10. If the prisoner violates a condition of parole but has not committed an additional offense, the board may place the prisoner on electronic monitoring. If the prisoner is still on parole on reaching the individual earned release credit date pursuant to section 41-1604.10, the prisoner shall be terminated from parole but shall be subject to revocation under section 41-1604.10. When the prisoner reaches the individual earned release credit date the prisoner's parole shall be terminated and the prisoner shall no longer be under the authority of the board.

E. During the period of time that the prisoner remains on supervised parole under subsection D of this section, the board shall require as a condition of parole that the prisoner pay a monthly supervision fee of at least $65 unless, after determining the inability of the prisoner to pay the fee, the board requires payment of a lesser amount. The supervising parole officer shall monitor the collection of the fee. The board may also impose any conditions of parole it deems appropriate in order to ensure that the best interests of the prisoner and the citizens of this state are served. These conditions may include:

1. Participating in a rehabilitation program or counseling.

2. Performing community restitution work.

F. Seventy percent of the monies collected pursuant to subsection E of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the victim compensation and assistance fund established by section 41-2407 and thirty percent shall be deposited in the community corrections enhancement fund established by section 31-418.

G. When parole or absolute discharge from imprisonment is denied, the board, within ten days, shall prepare and deliver to the director of the state department of corrections a written statement specifying the individualized reasons for the denial of parole or absolute discharge from imprisonment unless another form of release has been granted. The prisoner may view the written statement prepared by the board. Every prisoner, having served not less than one year may be temporarily released according to the rules of the department one hundred eighty days before the expiration of the sentence or the earned release credit date, whichever first occurs, if the director finds that the release is in the best interest of the state. The releasee shall remain under the control of the state department of corrections until expiration of the term specified in the sentence. If the releasee violates any condition of release, the releasee may be returned to custody without further process.

H. When a commutation, absolute discharge from imprisonment or parole is to be considered, the board, on request and before holding a hearing on the commutation, absolute discharge from imprisonment or parole, shall notify the attorney general, the presiding judge of the superior court, the county attorney in the county in which the prisoner requesting a commutation, absolute discharge from imprisonment or parole was sentenced, and the victim of the offense for which the prisoner is incarcerated. The notice to the victim shall be mailed to the last known address. The notice shall state the name of the prisoner requesting the commutation, absolute discharge from imprisonment or parole and shall set the month of hearing on the application. The notice to the victim shall also inform the victim of the victim's right to be present and to submit a written report to the board expressing the victim's opinion concerning the release of the prisoner. A hearing concerning commutations, absolute discharge from imprisonment or parole may not be held until fifteen days after the date of giving the notice. On mailing the notice, the board shall file a hard copy of the notice as evidence that notification was sent.

I. The provisions of this section requiring notice to the officials named in subsection H of this section shall not apply:

1. When there is imminent danger of the death of the person convicted or imprisoned.

2. When the term of imprisonment of the applicant is within two hundred ten days of expiration.

J. In addition to any other fees, the board may require as a condition of parole that the prisoner pay the reasonable costs associated with the prisoner's participation in a drug testing program. The prisoner's costs shall not exceed the department's cost for the program. The monies collected pursuant to this subsection by the department may only be used to offset the costs of the drug testing program.

§ 31-411.01 Parole or community supervision for persons previously convicted of possession or use of marijuana, a dangerous drug or a narcotic drug; treatment; prevention; education; termination of parole or community supervision

A. Notwithstanding any law to the contrary, every prisoner who is eligible for parole or community supervision pursuant to section 41-1604.16 shall be released on parole or community supervision if in its sole discretion the board of executive clemency determines that there is a substantial probability that the prisoner will remain at liberty without violating the law and the release is in the best interests of the people of this state. If a prisoner is denied release on parole or community supervision, the prisoner is not entitled to a rehearing under this section.

B. If a prisoner is released on parole or community supervision pursuant to this section, the board of executive clemency shall order that as a condition of parole or community supervision the person:

1. Be required to participate in an appropriate drug treatment or education program that is administered by a qualified agency, organization or individual approved by the department of health services and that provides the treatment or education to persons who abuse controlled substances. Each person who is enrolled in a drug treatment or education program shall pay for the costs of participation in the program to the extent of the person's financial ability.

2. On the request of the victim, be prohibited from contacting the victim.

C. A prisoner who is released on parole or community supervision pursuant to this section shall remain on parole or community supervision until the prisoner reaches the earned release credit date pursuant to section 41-1604.10 or the community supervision expiration date pursuant to section 41-1604.07. A prisoner who is on earned release credit release pursuant to section 41-1604.10 is not under the control of the state department of corrections and the department is not required to provide parole services or to otherwise supervise any prisoner released except that the department may revoke the release of the prisoner until the final expiration of the prisoner's sentence if the department believes that the released prisoner has engaged in criminal conduct during the term of the prisoner's release.

D. The board of executive clemency may revoke the prisoner's release if the prisoner violates the conditions of supervision that are imposed by the board or the state department of corrections.

§ 31-412 Criteria for release on parole; release; custody of parolee; definition

A. If a prisoner is certified as eligible for parole pursuant to section 41-1604.09 the board of executive clemency shall authorize the release of the applicant on parole if the applicant has reached the applicant's earliest parole eligibility date pursuant to section 41-1604.09, subsection D and it appears to the board, in its sole discretion, that there is a substantial probability that the applicant will remain at liberty without violating the law and that the release is in the best interests of the state. The applicant shall thereupon be allowed to go on parole in the legal custody and under the control of the state department of corrections, until the board revokes the parole or grants an absolute discharge from parole or until the prisoner reaches the prisoner's individual earned release credit date pursuant to section 41-1604.10. When the prisoner reaches the prisoner's individual earned release credit date the prisoner's parole shall be terminated and the prisoner shall no longer be under the authority of the board but shall be subject to revocation under section 41-1604.10.

B. Notwithstanding subsection A of this section, the director of the state department of corrections may certify as eligible for parole any prisoner, regardless of the classification of the prisoner, who has reached the prisoner's parole eligibility date pursuant to section 41-1604.09, subsection D, unless an increased term has been imposed pursuant to section 41-1604.09, subsection F, for the sole purpose of parole to the custody of any other jurisdiction to serve a term of imprisonment imposed by the other jurisdiction or to stand trial on criminal charges in the other jurisdiction or for the sole purpose of parole to the custody of the state department of corrections to serve any consecutive term imposed on the prisoner. On review of an application for parole pursuant to this subsection the board may authorize parole if, in its discretion, parole appears to be in the best interests of the state.

C. A prisoner who is otherwise eligible for parole, who is not on home arrest or work furlough and who is currently serving a sentence for a conviction of a serious offense or conspiracy to commit or attempt to commit a serious offense shall not be granted parole or absolute discharge from imprisonment except by one of the following votes:

1. A majority affirmative vote if four or more members consider the action.

2. A unanimous affirmative vote if three members consider the action.

3. A unanimous affirmative vote if two members consider the action pursuant to section 31-401, subsection I and the chairman concurs after reviewing the information considered by the two members.

D. The board, as a condition of parole, shall order a prisoner to make any court-ordered restitution.

E. Payment of restitution by the prisoner in accordance with subsection D of this section shall be made through the clerk of the superior court in the county in which the prisoner was sentenced for the offense for which the prisoner has been imprisoned in the same manner as restitution is paid as a condition of probation. The clerk of the superior court, on request, shall make the prisoner's restitution payment history available to the board, victim, victim's attorney and department without cost.

F. The board shall not disclose the address of the victim or the victim's immediate family to any party without the written consent of the victim or the victim's family.

G. For the purposes of this section, "serious offense" includes any of the following:

1. A serious offense as defined in section 13-706, subsection F, paragraph 1, subdivision (a), (b), (c), (d), (e), (g), (h), (i), (j) or (k).

2. A dangerous crime against children as defined in section 13-705. The citation of section 13-705 is not a necessary element for a serious offense designation.

3. A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13-705, subsection T, paragraph 1 or section 13-706, subsection F, paragraph 1.

§ 31-413 Duty of department of corrections to assist in securing employment for parolees and prisoners

The department of corrections shall assist in securing employment for prisoners paroled, on work furlough, eligible for any release from confinement or discharged. The department of corrections shall maintain a report on the conduct of the prisoners when upon parole or work furlough and shall make such reports available to the board of pardons and paroles upon request.

§ 31-414 Absolute discharge of parolee; effect; notice to victim

A. If, upon application by the state department of corrections on behalf of a prisoner on parole, it appears to the board of executive clemency that there is reasonable probability that the prisoner on parole will live and remain at liberty without violating the law, and that his absolute discharge from parole is compatible with the welfare of society and is in the best interest of the state, then the board may authorize the absolute discharge of the prisoner from parole. On notification of the board's decision, the director of the state department of corrections shall issue to the prisoner an absolute discharge from parole which shall be effective to discharge the parolee from the sentence imposed.

B. At least fifteen days before holding a hearing on the absolute discharge from parole of a parolee, the board on request shall notify the victim of the offense for which the parolee was incarcerated and inform the victim of his right to be present and to submit a written report to the board expressing his opinion concerning the absolute discharge of the parolee. The notice shall state the name of the parolee, the offense for which the parolee was sentenced, the length of the sentence and the date of admission to the custody of the state department of corrections.

§ 31-415 Violation of parole or community supervision; warrant for retaking parolee or offender on community supervision

If the parole clerk of the department of corrections or the director of the department of corrections, or the board of executive clemency or any member thereof, has reasonable cause to believe that a paroled prisoner or an offender on community supervision has violated his parole or community supervision and has lapsed or is probably about to lapse into criminal ways or company, then any of such persons may issue a warrant for retaking the prisoner or offender at any time prior to expiration of the maximum sentence or term of community supervision, which time shall be specified in the warrant.

§ 31-416 Execution of warrant to take paroled prisoner or offender on community supervision; expenses

A. Any officer of the department of corrections or any officer authorized to serve criminal process within this state, to whom the warrant provided by section 31-415 is delivered, shall execute the warrant by taking the paroled prisoner or offender on community supervision and returning him to the prison, within the time specified in the warrant.

B. The officer, whether an officer of the department of corrections or otherwise, shall be entitled to reimbursement for reasonable expenses incurred in retaking and transporting the prisoner from the place of arrest to the prison, and such expenses shall be paid from funds standing to the credit of the paroled prisoner, if any, otherwise from funds of the department of corrections.

§ 31-417 Notification to board of parole violator; hearing; reimprisonment

At the meeting held at the state prison of the board of executive clemency next following the retaking of a paroled prisoner or an offender on community supervision, the board shall be notified that the prisoner or offender has been retaken. If the paroled prisoner or offender on community supervision has been returned to the prison, the paroled prisoner shall be given an opportunity to appear before the board, and the board may after an opportunity has been given, or in case the prisoner has not yet been returned, declare the parolee or offender on community supervision delinquent. The prisoner may be thereafter imprisoned in the prison for a period equal to the prisoner's unexpired maximum term of sentence at the time the parole was granted, unless sooner released or discharged.

§ 31-418 Community supervision fee; deposit; community corrections enhancement fund; drug testing costs

A. During the period of time that the prisoner remains on community supervision, the state department of corrections shall require as a condition of community supervision that the prisoner pay a monthly supervision fee of at least sixty-five dollars unless, after determining the inability of the prisoner to pay the fee, the department requires payment of a lesser amount. The supervising community supervision officer shall monitor the collection of the fee.

B. Seventy per cent of the monies collected pursuant to subsection A of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the victim compensation and assistance fund established by section 41-2407 and thirty per cent shall be deposited in the community corrections enhancement fund established by this section.

C. The community corrections enhancement fund is established consisting of monies received pursuant to subsection B of this section, sections 31-411, 31-467.06 and 41-1604.08 and section 41-1604.13, subsection D, paragraph 8. The department shall administer the fund and use fund monies to pay for costs related to community corrections.

D. In addition to any other fees, the department may require as a condition of community supervision that the prisoner pay the reasonable costs associated with the prisoner's participation in a drug testing program. The prisoner's costs shall not exceed the department's cost for the program. The monies collected pursuant to this subsection by the department may only be used to offset the costs of the drug testing program.

Article 3 Reprieves, Commutations, and Pardons

§ 31-441 Application for pardon; statement of facts proved at trial

When an application is made for a pardon, the board of executive clemency may require the judge of the court before whom the applicant was convicted, or the county attorney by whom the action was prosecuted, to furnish the board, without delay, a statement of facts proved on the trial and any other facts having reference to the propriety of granting or refusing the pardon.

§ 31-442 Application for pardon; notice; exceptions

A. At least ten days before the board of executive clemency acts upon an application for a pardon, written notice of intention to apply therefor, signed by the person applying, shall be served on the county attorney of the county where the applicant was convicted, and proof of the service must be presented to the board by affidavit. Unless dispensed with by the governor, a copy of the notice shall also be published for thirty days from the first publication, in a paper in the county in which the conviction was had.

B. The provisions of this section shall not apply:

1. When there is imminent danger of the death of the person convicted or imprisoned.

2. When the term of imprisonment of the applicant is within ten days of expiration.

§ 31-443 Power of governor to grant reprieves, commutations and pardons

The governor, subject to any limitations provided by law, may grant reprieves, commutations and pardons, after conviction, for all offenses, except impeachment, upon conditions, restrictions and limitations he deems proper.

§ 31-444 Power of governor to suspend sentence for treason pending consideration by legislature

The governor may suspend execution of the sentence upon a conviction for treason until the case may be reported to the legislature at its next session, at which time the legislature may either pardon, direct execution of the sentence, or grant a further reprieve.

§ 31-445 Publication of reasons for granting a commutation, pardon, reprieve, stay or suspension of execution

When the governor grants a commutation, pardon, reprieve or stay or suspends execution of sentence in a case where a sentence of death is imposed, he shall, within ten days after granting the commutation, pardon, reprieve or stay or suspension of execution, cause to be published in bold type, in a newspaper of general circulation, published in the county where the conviction was had, and shall file with the secretary of state for publication in the Arizona administrative register, a statement setting forth his reasons for granting the commutation, pardon, reprieve or for staying or suspending such execution. A further reprieve shall not be granted except upon the same procedure.

§ 31-446 Report to legislature

The governor shall at the beginning of every regular session communicate to the legislature each case of reprieve, commutation or pardon, stating the name of the prisoner, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve and the reasons for granting it.

Article 4.1 Interstate Compact for the Supervision of Adult Offenders

§ 31-467 Adoption of interstate compact for the supervision of adult offenders

The governor is authorized and directed to enter into a compact on behalf of the state of Arizona with any of the United States lawfully joined in the compact in a form substantially as follows:

ARTICLE I

PURPOSE

A. Arizona and the compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the crime control act, 4 United States Code section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

B. It is the purpose of this compact and the interstate commission created under this compact, through means of joint and cooperative action among the compacting states, to do all of the following:

1. Provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community.

2. Provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states.

3. Equitably distribute the costs, benefits and obligations of the compact among the compacting states.

C. In addition, this compact will do all of the following:

1. Create an interstate commission that will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies that will promulgate rules to achieve the purpose of this compact.

2. Ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines.

3. Establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators.

4. Monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance.

5. Coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.

D. The compacting states recognize that there is no right of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated under this compact.

E. Compacting states recognize no offender may live in another state when acceptance criteria that has been established or adopted by the compacting state has not been met. It is the policy of the compacting states that the activities conducted by the interstate commission created in this compact are the formation of public policies and are therefore public business.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context otherwise requires:

1. "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.

2. "Bylaws" means those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct.

3. "Commissioner" means the voting representative of each compacting state appointed pursuant to article IV of this compact.

4. "Compact administrator" means the director of the Arizona department of corrections, who is responsible for the administration and management of Arizona's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.

5. "Compacting state" means any state that has enacted the enabling legislation for this compact.

6. "Interstate commission" means the interstate commission for adult offender supervision established by this compact.

7. "Member" means the commissioner of a compacting state or the commissioner's designee, who shall be a person officially connected with the commissioner.

8. "Noncompacting state" means any state that has not enacted the enabling legislation for this compact.

9. "Offender" means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.

10. "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private.

11. "Rules" means acts of the interstate commission, duly promulgated pursuant to article VIII of this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states.

12. "State" means a state of the United States, the District of Columbia and any other territorial possessions of the United States.

13. "State council" means the resident members of the state council for interstate adult offender supervision created by each state under article IV of this compact.

ARTICLE III

THE COMPACT COMMISSION

A. This compact creates the interstate commission for adult offender supervision. The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth in the compact, including the power to sue and be sued, and additional powers conferred on it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state. In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. The noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the interstate commission shall be ex officio, nonvoting members. The interstate commission may provide in its bylaws for any additional, ex officio, nonvoting members it deems necessary.

B. Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, on the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

C. The interstate commission shall establish an executive committee that includes commission officers, members and others that are determined by the bylaws. The executive committee may act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rule making or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff, administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the interstate commission and performs other duties as directed by the commission or set forth in the bylaws.

ARTICLE IV

THE STATE COUNCIL

A. Arizona shall create a state council for interstate adult offender supervision that is responsible for the appointment of the commissioner who shall serve on the interstate commission from Arizona. The commissioner shall be the compact administrator or designee.

B. The membership of the state council shall include one legislator who is appointed by the speaker of the house of representatives, one legislator who is appointed by the president of the senate, one victim's advocate who is appointed by the governor, the deputy compact administrator of the state department of corrections who is appointed by the director of the state department of corrections, the deputy compact administrator of the administrative office of the courts who is appointed by the director of the administrative office of the courts, one judge who is appointed by the chief justice of the supreme court, one sheriff who is appointed by the Arizona sheriff's association and any other members determined by the state council.

C. The state council shall exercise oversight and advocacy concerning Arizona's participation in interstate commission activities and other duties as determined by the council's members including the development of policy concerning operations and procedures of the compact within Arizona.

ARTICLE V

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the following powers and duties:

1. To adopt a seal and suitable bylaws governing the management and operation of the interstate commission.

2. To promulgate rules and take action consistent with this compact.

3. To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the interstate commission.

4. To enforce compliance with compact provisions, interstate commission rules and bylaws, using all necessary and proper means, including judicial process.

5. To establish and maintain offices.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept or contract for services of personnel, including members and members' staffs.

8. To establish and appoint committees and hire staff it deems necessary to carry out its functions, including an executive committee as required by article III that may act on behalf of the interstate commission in carrying out its powers and duties under this compact.

9. To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.

10. To accept any and all donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of them.

11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

13. To establish a budget and make expenditures and levy dues as provided in article X of this compact.

14. To sue and be sued.

15. To provide for dispute resolution among compacting states.

16. To perform functions necessary or appropriate to achieve the purposes of this compact.

17. To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. The reports shall also include any recommendations that may have been adopted by the interstate commission.

18. To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity.

19. To establish uniform standards for the reporting, collecting and exchanging of data.

ARTICLE VI

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. The interstate commission shall, by a majority vote of the members, within twelve months of the first interstate commission meeting, adopt bylaws to govern its conduct necessary or appropriate to carry out the purposes of the compact, including:

1. Establishing the fiscal year of the interstate commission.

2. Establishing an executive committee and other necessary committees.

3. Providing reasonable standards and procedures:

(a) For the establishment of committees, and

(b) Governing any general or specific delegation of any authority or function of the interstate commission.

4. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each meeting.

5. Establishing the titles and responsibilities of the officers of the interstate commission.

6. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission.

7. Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that exist on the termination of the compact after paying or reserving all of its debts and obligations.

8. Providing transition rules for start up administration of the compact.

9. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

B. The interstate commission shall, by a majority vote of the members, elect from among its members a chairperson and a vice-chairperson, each of whom shall have the powers and duties specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission. The officers elected shall serve without compensation or remuneration from the interstate commission. Subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission. The interstate commission, through its executive committee, shall appoint or retain an executive director for such period, on terms and conditions and for compensation the interstate commission deems appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise other staff authorized by the interstate commission, but shall not be a member.

C. The interstate commission shall maintain its corporate books and records in accordance with the bylaws.

D. The members, officers, executive director and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities. This subsection shall not be construed to protect any person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any person. The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of the person. The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of the person.

ARTICLE VII

ACTIVITIES OF THE INTERSTATE COMMISSION

A. The interstate commission shall meet and take actions consistent with the provisions of this compact.

B. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, the act must be taken at a meeting of the interstate commission and must receive an affirmative vote of a majority of the members present.

C. Each member of the interstate commission has the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication, is subject to the same quorum requirements of meetings at which members are present in person.

D. The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, on the request of a majority of the members, shall call additional meetings.

E. The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating the rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

F. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the government in the sunshine act (5 United States Code section 552b). The interstate commission and any of its committees may close a meeting to the public if it determines by two-thirds vote that an open meeting would be likely to:

1. Relate solely to the interstate commission's internal personnel practices and procedures.

2. Disclose matters specifically exempted from disclosure by statute.

3. Disclose trade secrets or commercial or financial information that is privileged or confidential.

4. Involve accusing any person of a crime, or formally censuring any person.

5. Disclose information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy.

6. Disclose investigatory records compiled for law enforcement purposes.

7. Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of the entity.

8. Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity.

9. Specifically relate to the interstate commission's issuance of a subpoena or its participation in a civil action or proceeding.

G. For every meeting closed pursuant to subsection F, the interstate commission's chief legal officer shall publicly certify that, in the legal officer's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The interstate commission shall keep minutes that shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons for the actions taken, including a description of each of the views expressed on any item and the record of any roll call vote, reflected in the vote of each member on the question.  All documents considered in connection with any action shall be identified in the minutes. The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules that specify the data to be collected, the means of collection and data exchange and reporting requirements.

ARTICLE VIII

RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. The interstate commission shall promulgate rules to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. Rule making shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant to this article. The rule making shall substantially conform to the principles of the federal administrative procedure act, 5 U.S.C.S. section 551 et seq., and the federal advisory committee act, 5 U.S.C.S. App. 2, section 1 et seq., as may be amended. All rules and amendments are binding on the date specified in each rule or amendment.

B. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then the rule has no further force and effect in any compacting state.

C. When promulgating a rule, the interstate commission shall:

1. Publish the proposed rule stating with particularity the text of the rule that is proposed and the reason for the proposed rule.

2. Allow persons to submit written data, facts, opinions and arguments, which shall be publicly available.

3. Provide an opportunity for an informal hearing.

4. Promulgate a final rule and its effective date, if appropriate, based on the rule making record.

D. Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of the rule. If the court finds that the interstate commission's action is not supported by substantial evidence as defined in the federal administrative procedure act, in the rule making record, the court shall hold the rule unlawful and set it aside. Subjects to be addressed within twelve months after the first meeting must at a minimum include:

1. Notice to victims and opportunity to be heard.

2. Offender registration and compliance.

3. Violations and returns.

4. Transfer procedures and forms.

5. Eligibility for transfer.

6. Collection of restitution and fees from offenders.

7. Data collection and reporting.

8. The level of supervision to be provided by the receiving state.

9. Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact.

10. Mediation, arbitration and dispute resolution.

E. The existing rules governing the operation of the previous compact superseded by this act shall be null and void twelve months after the first meeting of the interstate commission created under this compact.

F. On determination by the interstate commission that an emergency exists, it may promulgate an emergency rule that is effective immediately on adoption, provided that the usual rule making procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.

ARTICLE IX

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION

BY THE INTERSTATE COMMISSION

A. The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states that significantly affect compacting states. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the interstate commission, the interstate commission is entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

B. The compacting states shall report to the interstate commission on issues or activities of concern to them and cooperate with and support the interstate commission in the discharge of its duties and responsibilities. The interstate commission shall attempt to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and noncompacting states. The interstate commission shall enact bylaws or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

C. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in article XII, subsection B of this compact.

ARTICLE X

FINANCE

A. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

B. The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff that must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding on all compacting states that governs the assessment. Any increase in Arizona's assessment shall be approved by the state council.

C. The interstate commission shall not incur any obligations of any kind before securing the funds adequate to meet the obligations and shall not pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

D. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.

ARTICLE XI

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENTS

A. Any state, as defined in article II of this compact, is eligible to become a compacting state. The compact shall become effective and binding on legislative enactment of the compact into law by no less than thirty-five states. The initial effective date shall be the later of July 1, 2001, or on enactment into law by the thirty-fifth state. Thereafter it is effective and binding, as to any other compacting state, on enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in interstate commission activities on a nonvoting basis before adoption of the compact by all states and territories of the United States.

B. Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment is effective and binding on the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

ARTICLE XII

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

A. Once effective, the compact shall continue in force and remain binding on each compacting state. A compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact. The effective date of withdrawal is the effective date of the repeal. The withdrawing state shall immediately notify the chairperson of the interstate commission in writing on the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. Reinstatement following withdrawal of any compacting state shall occur on the withdrawing state reenacting the compact or on such later date determined by the interstate commission.

B. If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules the interstate commission may impose any or all of the following penalties:

1. Fines, fees and costs in amounts deemed to be reasonable as fixed by the interstate commission.

2. Remedial training and technical assistance as directed by the interstate commission.

3. Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature and the state council. The grounds for default include failure of a compacting state to perform obligations or responsibilities imposed on it by this compact, interstate commission bylaws or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed in this subsection, the defaulting state may be terminated from the compact on an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state's legislature and the state council of the termination. The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed on between the interstate commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

C. The interstate commission, by majority vote of the members, may initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact or its duly promulgated rules and bylaws, against any compacting state in default. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation including reasonable attorney fees.

D. The compact dissolves effective on the date of the withdrawal or default of the compacting state that reduces membership in the compact to one compacting state. On the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XIII

SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally constructed to effectuate its purposes.

ARTICLE XIV

EFFECT OF COMPACT

A. This compact does not diminish the constitutional authority of the Arizona legislature.

B. This compact is not contrary to any law of the state of Arizona. Notwithstanding any other law of the state of Arizona, this compact shall govern the interstate supervision of adult offenders.

C. The interstate commission shall promulgate rules and take action consistent with this compact that are binding on the state of Arizona as to the interstate supervision of adult offenders unless and to the extent the rules or action conflict with Arizona statutes.

D. Nothing in this section prevents the enforcement of any other Arizona law that is not inconsistent with this compact.

E. All agreements between the interstate commission and the compacting states are binding in accordance with the terms of the agreement. On the request of a party to a conflict over meaning or interpretation of interstate commission actions, and on a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.

F. If any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by the provision on the interstate commission is ineffective and the obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency to which the obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

§ 31-467.01 Parole or probation violation; retaking; notice; hearing; custody pending hearing

A. If supervision of a parolee or probationer is being administered pursuant to the interstate compact for the supervision of adult offenders, the appropriate judicial or administrative authorities in this state shall notify the compact administrator of the sending state if, in their view, consideration should be given to retaking or reincarceration for a parole or probation violation.

B. Before giving any notification pursuant to subsection A, a hearing shall be held pursuant to this article within a reasonable time, unless the hearing is waived by the parolee or probationer. The appropriate officer or officers of this state, as soon as practicable following termination of the hearing, shall report to the sending state, furnish a copy of the hearing record, and make recommendations regarding the disposition to be made of the parolee or probationer by the sending state.

C. Pending any proceeding pursuant to this section, the appropriate officers of this state may take custody of and detain the parolee or probationer involved for a period not more than fifteen days before the hearing and, if it appears to the hearing officer or officers that retaking or reincarceration is likely to follow, for such reasonable period after the hearing or waiver as may be necessary to arrange for the retaking or reincarceration.

§ 31-467.02 Hearing officer

Any hearing pursuant to this article may be before the administrator of the interstate compact for the supervision of adult offenders, a deputy of the administrator or any other person authorized pursuant to the laws of this state to hear cases of alleged parole or probation violation, except that a hearing officer may not be the person making the allegation of violation.

§ 31-467.03 Hearing rights of parolee or probationer

A. With respect to any hearing pursuant to this article, the parolee or probationer:

1. Shall have reasonable notice in writing of the nature and content of the allegations to be made, including notice that the purpose of the hearing is to determine whether there is probable cause to believe that the parolee or probationer has committed a violation that may lead to a revocation of parole or probation.

2. Shall be allowed to consult with any person whose assistance the parolee or probationer reasonably desires, before the hearing.

3. Has the right to confront and examine any person who has made allegations against the parolee or probationer, unless the hearing officer determines that the confrontation would present a substantial present or subsequent danger of harm to the person.

4. May admit, deny or explain the alleged violation and may present proof, including affidavits and other evidence, in support of those contentions.

B. A record of the proceedings shall be made and preserved.

§ 31-467.04 Hearings in other states; effect

In any case of alleged parole or probation violation by a person being supervised in another state pursuant to the interstate compact for the supervision of adult offenders, any appropriate judicial or administrative officer or agency in another state is authorized to hold a hearing on the alleged violation. On receipt of the record of a parole or probation violation hearing held in another state pursuant to a statute substantially similar to this article, the record shall have the same standing and effect as though the proceeding of which it is a record was had before the appropriate officer or officers in this state, and any recommendations contained in or accompanying the record shall be fully considered by the appropriate officer or officers of this state in making disposition of the matter.

§ 31-467.05 Extradition; retrieval

A. At all times, duly accredited officers of a sending state may enter a receiving state and apprehend and retake any person who is on probation or parole. For that purpose no formalities are required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives are expressly waived on the part of states that are parties to the interstate compact for the supervision of adult offenders, as to the persons. The decision of the sending state to retake a person on probation or parole shall be conclusive on, and is not reviewable within, the receiving state, unless at the time a state seeks to retake a probationer or parolee there is pending against the probationer or parolee within the receiving state any criminal charge or the probationer or parolee is suspected of having committed within the state a criminal offense, in which case the probationer or parolee shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.

B. Duly accredited officers of the sending state shall be allowed to transport prisoners being retaken through any state that is a party to the interstate compact for the supervision of adult offenders, without interference.

§ 31-467.06 Supervision fee; deposit; drug testing costs

A. A person being supervised in this state pursuant to this article shall pay, as a condition of probation, community supervision or parole, a monthly supervision fee of not less than sixty-five dollars if the person is on probation, parole or community supervision or not less than seventy-five dollars if the person is on intensive probation, unless, after determining the inability of the person to pay the fee, the supervising agency requires payment of a lesser amount. The supervising parole, community supervision or probation officer shall monitor the collection of the fee.

B. Seventy per cent of the monies collected pursuant to subsection A of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the victim compensation and assistance fund established by section 41-2407 and thirty per cent shall be deposited in the adult probation services fund established by section 12-267 or, if the person is supervised by the state department of corrections, in the community corrections enhancement fund established by section 31-418.

C. In addition to any other fees, a person who is being supervised in this state pursuant to this article may be required to pay as a condition of parole or community supervision the reasonable costs associated with the person's participation in a drug testing program. The person's costs shall not exceed the state department of corrections' cost for the program. The monies collected pursuant to this subsection by the department may only be used to offset the costs of the drug testing program.

§ 31-467.07 Interstate compact for the supervision of adult offenders; eight-year review

Beginning in 2022 and every eight years thereafter, the legislature shall review this state's participation in the interstate compact for supervision of adult offenders in order to determine whether to remain a compacting state. If the legislature determines that this state should withdraw from the compact, this state shall withdraw from the compact pursuant to section 31-467, article XII.

Article 5 Western Interstate Corrections Compact

§ 31-471 Western interstate corrections compact

The western interstate corrections compact is entered into by this state with any and all other states legally joining therein in a form substantially as follows:

Western Interstate Corrections Compact

ARTICLE I

Purpose and Policy

The party states, desiring by common action to improve their institution facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders.

ARTICLE II

Definitions

As used in this compact, unless the context clearly requires otherwise:

(a) "State" means a state of the United States, or, subject to the limitation contained in Article VII, Guam.

(b) "Sending state" means a state party to this compact in which conviction was had.

(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had.

(d) "Inmate" means a male or female offender who is under sentence to or confined in a prison or other correctional institution.

(e) "Institution" means any prison, reformatory or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined.

ARTICLE III

Contracts

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

3. Participation in programs of inmate employment, if any; the disposition of crediting of any payments received by inmates on accounts thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

4. Delivery and retaking of inmates.

5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific per centum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that moneys are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.

(c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV

Procedures and Rights

(a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V

Acts Not Reviewable in Receiving State; Extradition

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI

Federal Aid

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VII

Entry Into Force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two contiguous states from among the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purpose of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the States of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington.

ARTICLE VIII

Withdrawal and Termination

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX

Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

ARTICLE X

Construction and Severability

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

§ 31-472 Commitment or transfer of inmate; prohibition against transfer of inmate sentenced under Arizona law to institution outside state in absence of consent; irrevocability of consent

Any court or other agency or officer of this state having power to commit or transfer an inmate, as defined in article II(d) of the western interstate corrections compact, to any institution within or without this state if this state has entered into a contract or contracts for the confinement of inmates in such institution pursuant to article III of the western interstate corrections compact, but no inmate sentenced under Arizona law may be transferred from an institution within this state to an institution without this state, unless he has executed, in the presence of the warden or other head of the institution in this state in which he is confined, a written consent to the transfer. An inmate may not revoke such consent.

§ 31-473 Enforcement of compact; hearings in compliance with compact

A. The courts, departments, agencies, and officers of this state and its subdivisions shall enforce the western interstate corrections compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.

B. The board of executive clemency or its duly authorized representative may hold such hearings as may be requested by any other party state pursuant to article IV(f) of the western interstate corrections compact.

§ 31-474 Contracts implementing state's participation in compact; prerequisite approval; authorized provisions; determination of suitability of institution and confinement

The director of corrections may enter into such contracts on behalf of this state as may be appropriate to implement the participation of this state in the western interstate corrections compact pursuant to article III thereof. No such contract shall be of any force or effect until approved by the director of the department of administration. Such contracts may authorize confinement of inmates in, or transfer of inmates from, only such institutions in this state as are under the jurisdiction of the department of corrections. No such contract may authorize the confinement of an inmate, who is in the custody of the director of corrections, in an institution of a state other than a state specifically named in article VII of the western interstate corrections compact. The director of corrections shall determine, on the basis of an inspection made by his direction or otherwise, that an institution of another state is a suitable place for confinement of prisoners committed to his custody before entering into a contract permitting such confinement, and shall, at least annually, redetermine the suitability of such confinement. In determining the suitability of such institution of another state, the director shall assure himself that such institution maintains standards of care and discipline not incompatible with those of the state of Arizona and that all inmates therein are treated equitably, regardless of race, religion, color, creed or national origin.

§ 31-475 Right of transferred prisoner on release from prison outside this state

Every prisoner released from a prison without this state to which he has been committed or transferred from this state pursuant to the compact shall be entitled to the same benefits, including, but not limited to money and tools, as are allowed to a prisoner released from a prison in this state.

Article 6 Agreement on Detainers

§ 31-481 Agreement; authorization; contents

The agreement on detainers is entered into by this state with all other jurisdictions legally joining such agreement in the form substantially as follows:

The Agreement on Detainers

The contracting states solemnly agree that:

Article I

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

Article II

As used in this agreement:

(a) "State" shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) "Sending state" shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.

(c) "Receiving state" shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof.

Article III

(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint: provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(c) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.

(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.

Article IV

(a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V(a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated: provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request: and provided further that there shall be a period of thirty days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner.

(b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this Article, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V(e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

Article V

(a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

(1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.

(2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, the time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

Article VI

(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.

Article VII

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

Article VIII

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

Article IX

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

§ 31-482 Matters pertaining to agreement

A. Every person who has been imprisoned in a prison or institution in this state and who escapes or attempts to escape while in the custody of an officer of this or another state in another state pursuant to the agreement on detainers is deemed to have violated section 13-2503 or 13-2504 and is punishable as provided therein.

B. It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainer. Such official shall inform such inmate of his rights provided in paragraph (a) of article IV of the agreement on detainers.

C. The administrator, in accordance with the interstate probation and parole compacts, shall administer the agreement as prescribed by section 31-481.

D. When, pursuant to the agreement on detainers, a person in actual confinement under sentence of another jurisdiction is brought before an Arizona court and sentenced by the judge to serve an Arizona sentence concurrently with the sentence of the other jurisdiction, the board of executive clemency and members thereof may meet in such other jurisdiction, or enter into cooperative arrangements with corresponding agencies in the other jurisdiction, as necessary to carry out the term-fixing and parole functions.

Article 7 Interstate Corrections Compact

§ 31-491 Interstate corrections compact

The interstate corrections compact is entered into by this state with any and all other states legally joining therein in the form substantially as follows:

Interstate Corrections Compact

Article I

Purpose and Policy

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

Article II

Definitions

As used in this compact, unless the context requires otherwise:

(a) "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) "Sending state" means a state party to this compact in which conviction or court commitment was had.

(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

(d) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

(e) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates may lawfully be confined.

Article III

Contracts

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

4. Delivery and retaking of inmates.

5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

Article IV

Procedures and Rights

(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state. For transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

Article V

Acts Not Reviewable in Receiving State; Extradition

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

Article VI

Federal Aid

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.

Article VII

Entry Into Force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

Article VIII

Withdrawal and Termination

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

Article IX

Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

Article X

Construction and Severability

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

§ 31-492 Powers of director

The director of the state department of corrections is authorized and directed to do all things necessary or incidental to the carrying out of the compact.

Chapter 5 Limited Restrictions for Pregnant Prisoners and Prisoners with Children

Article 1 General Provisions

§ 31-601 Pregnant prisoners; restraints; written findings; rules; appropriate food and dietary supplements; restrictive housing; bed placement; training; reporting; definitions

A. After a correctional institution receives information that a prisoner or detainee is pregnant or after a prisoner's or detainee's pregnancy diagnosis, a correctional institution shall not use restraints on a prisoner or detainee for the duration of the pregnancy and for thirty days following the delivery of a child, including when the prisoner or detainee is being transported for delivery or during labor, delivery and postpartum recovery, unless either of the following applies:

1. Attending medical staff requests the use of restraints.

2. The corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance.

B. Leg restraints, waist restraints or restraints that hinder the ability of the physician to move the prisoner or detainee, as determined by the physician, shall not be used on any prisoner or detainee who is in labor or delivery.

C. If restraints are used on a prisoner or detainee pursuant to subsection A of this section:

1. The type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary.

2. The corrections official shall make written findings within seventy-two hours as to the extraordinary circumstance that dictated the use of the restraints. These findings shall be kept on file by the correctional institution for at least two years and made available for public inspection unless otherwise dictated by state or federal law.

D. Notwithstanding subsection A of this section, a security tether chain that is attached to the bed frame and the prisoner's or detainee's ankle may be used during postpartum recovery. The security tether chain shall be long enough for the prisoner or detainee to reach the bathroom in a private or semi-private room or to exit the bed and stand in any other recovery setting.

E. Unless the correctional employee is a licensed health care professional, the correctional employee may not conduct a body cavity search on a pregnant prisoner or detainee unless the correctional employee has a reasonable belief that the pregnant prisoner or detainee is concealing contraband. The correctional employee shall submit a written report to the person in charge of the correctional institution within seventy-two hours after a body cavity search for contraband that provides the justification for the search and whether any contraband was found.

F. When ordered by the attending medical staff or a nutritionist a correctional institution shall ensure that a pregnant prisoner or detainee is provided sufficient food and dietary supplements that meet generally accepted prenatal nutritional guidelines for pregnant women. During the first seventy-two hours after the prisoner or detainee gives birth, the correctional institution shall provide all necessary hygiene and nutritional products to the prisoner or detainee. If the prisoner or detainee is indigent, the correctional institution shall provide the products without cost to the prisoner or detainee.

G. A correctional institution may not place a pregnant prisoner or detainee or a prisoner or detainee who has given birth within the past thirty days in restrictive housing unless a corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance. The corrections official shall provide written findings within seventy-two hours as to the extraordinary circumstance that dictates the placement in restrictive housing. The correctional institution shall keep these findings on file for at least two years and make the findings available for public inspection unless otherwise dictated by state or federal law.

H. A correctional institution may not place a pregnant prisoner or detainee or a prisoner or detainee who has given birth within the past thirty days in a bed that is elevated more than three feet from the floor of the correctional institution.

I. The corrections official shall compile a monthly summary of the reports that are received pursuant to subsections C, E and G of this section. The corrections official shall provide the reports to the director of the state department of corrections each month.

J. The correctional institution shall allow a newborn baby to remain with the mother for seventy-two hours following the delivery unless the attending medical staff has a reasonable belief that remaining with the mother poses a health or safety risk to the newborn baby.

K. Within thirty days after the effective date of this amendment to this section, all correctional institutions in this state shall adopt rules or policies pursuant to this section.

L. The state department of corrections shall develop and provide to all:

1. Correctional employees who have contact with pregnant prisoners or detainees training that is related to the physical and mental health of a pregnant prisoner or detainee and the fetus, including all of the following:

(a) General care of a pregnant woman.

(b) The impact of restraints on a pregnant prisoner or detainee and the fetus.

(c) The impact on pregnant prisoners or detainees who are placed in restrictive housing.

(d) The impact of an invasive body cavity search on a pregnant prisoner or detainee.

2. Pregnant prisoners and detainees the following educational programming:

(a) Prenatal care.

(b) Pregnancy-specific hygiene.

(c) Parenting skills.

(d) The impact of alcohol and drugs on the fetus.

(e) General health topics for children.

M. For the purposes of this section:

1. "Correctional institution" means any entity under the authority of any state or county law enforcement agency that has the power to detain or restrain a person under the laws of this state, including a juvenile detention center.

2. "Corrections official" means the official who is responsible for oversight of a correctional institution or the official's designee.

3. "Detainee" includes any female person who is detained under the immigration laws of the United States at any correctional institution.

4. "Extraordinary circumstance" means a substantial flight risk or some other medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees or the public.

5. "Labor" means, as determined by a physician, nurse, physician's assistant or other medical practitioner, the period of time before a birth during which contractions are of sufficient frequency, intensity and duration to bring about effacement and progressive dilation of the cervix.

6. "Postpartum recovery" means, as determined by the woman's physician, the period immediately following delivery and directly related to the birth, including the period a woman is in the hospital or infirmary after birth.

7. "Prisoner" means any female person who is incarcerated or detained in any correctional institution and who is accused of, convicted of, sentenced for or adjudicated delinquent for a violation of a criminal law or the terms and conditions of community supervision, probation, pretrial release or diversionary programs.

8. "Restraints" means any physical restraint or mechanical device used to control the movement of a prisoner's or detainee's body or limbs, including flex cuffs, soft restraints, hard metal handcuffs, a black box, chubb cuffs, leg irons, belly chains, a security tether chain or a convex shield.