Title 41 — State Government

In this chapter, unless the context otherwise requires: 1. "Department" means the state department of corrections. 2. "Director" means the director of the state department of corrections.

A. There shall be a state department of corrections. B. The department shall have as its purpose the objective of encompassing the various institutions, facilities and programs which are now or may become a part of the correctional program of the state, and to provide the supervi…

A. The director of the department shall be appointed by the governor pursuant to section 38-211, and shall serve at the pleasure of the governor. B. The director, as minimum qualifications, shall have administrative experience in adult correctional programs and qualifications and…

A. Notwithstanding any other law, the director may post on the department's website the information from all statutorily required reports, forms, plans and summaries. B. The information from all statutorily required reports, forms, plans and summaries that is posted on the depart…

A. The director shall: 1. Be responsible for the overall operations and policies of the department. 2. Maintain and administer all institutions and programs within the department, including prisons, reception and diagnostic centers, conservation camps, community correctional cent…

When any person under the jurisdiction of the department of corrections other than employees is in need of medical, surgical or dental care, and a spouse, adult next of kin or legal guardian is not immediately available or has not previously given authorization for such care, the…

The department may establish and maintain an inmate store at any prison, institution or facility. The department shall enter into a contract or contracts with a private entity or entities to establish and maintain inmate stores. The department or Arizona correctional industries m…

A. The special services fund is established in the state department of corrections. The department shall administer the fund. B. The director shall transfer five hundred thousand dollars from the special services fund annually to the department of corrections building renewal fun…

The department may invest, with the approval of the director of the department of administration, any monies in the special service fund that the director determines are not necessary for immediate use. Any proceeds from such investments shall be deposited in the special services…

A. The director may deposit any funds of offenders in his possession with the state treasurer or, subject to the approval of the state treasurer, deposit such funds in interest bearing bank accounts. Any proceeds from such deposits shall be deposited in the special services fund.…

A. The director shall develop and maintain an earned release credit eligibility classification system. Within such system, the director shall establish one class of earned release credit eligibility to be given effect as provided for in this section and as many other classes of n…

B. The earned release credit is: 1. Three days for every seven days served if the prisoner: (a) Was sentenced to a term of imprisonment for the possession or use of marijuana pursuant to section 13-3405, subsection A, paragraph 1, the possession or use of a dangerous drug pursuan…

A. The department shall assign any person who is in the custody of the department and who was convicted of a violation of section 13-705 to a global position monitoring system on the person's release on parole, community supervision, work release or other conditional or temporary…

A. The director shall develop and maintain a parole eligibility classification system. Within the system, the director shall establish two classes of parole eligibility, class one and class two, to be given effect as provided for in this section, one class of parole noneligibilit…

A. Each prisoner classified as parole eligible, class one, pursuant to section 41-1604.09, shall be allowed the following release credits: 1. If sentenced on a first conviction other than pursuant to section 13-751 or other than for a felony involving a dangerous offense as defin…

A. The director of the state department of corrections may authorize the temporary removal under custody from prison or any other institution for the detention of adults under the jurisdiction of the state department of corrections of any inmate for the purpose of employing that …

A. The director may: 1. Establish and operate facilities to be known as community correctional centers. 2. Transfer inmates whose terms of imprisonment have been fixed from the state prisons and facilities of the department to community correctional centers and place parolees in …

A. An inmate who has served not less than six months of the sentence imposed by the court is eligible for the home arrest program if the inmate: 1. Meets the following criteria: (a) Was convicted of committing a class 4, 5 or 6 felony not involving a dangerous offense. (b) Was no…

A. On or before December 1 each year, the director shall report on the drug and alcohol treatment programs available to offenders in this state who are under the jurisdiction of the department. The report shall include: 1. A description of each program, including whether the prog…

Notwithstanding any law to the contrary, any person who is convicted of a violent crime as defined in section 13-901.03 that is committed while the person is under the influence of marijuana, a dangerous drug or a narcotic drug as defined in section 13-3401 is not eligible for pr…

A. Notwithstanding any law to the contrary, if a prisoner 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 or possession or…

A. The Arizona parents commission on drug education and prevention is established. The commission shall consist of nine members. The members of the commission shall be appointed by the governor within sixty days of the effective date of this section and shall serve two year terms…

A. The director may authorize an eligible inmate who is within ninety days of the inmate's earliest release date to participate in a community reentry work program. The director shall adopt rules to implement the community reentry work program, including eligibility criteria for …

A. Before incurring any obligation for the establishment of any correctional facility or any change of use of a correctional facility, the department shall give at least forty-five days' written notice to all of the following: 1. Each real property owner, as shown on the last ass…

A. The director shall develop, implement and maintain a graduated intervention policy for offenders who violate a condition of community supervision. The policy must include guidelines for using graduated interventions on an offender who commits a technical violation of a conditi…

A. The state department of corrections may accept and expend federal funds or private grants of funds, gifts and legacies and may accept, manage or dispose of property, to effectuate the purposes of this article. The director of the state department of corrections shall have over…

A. Notwithstanding any law to the contrary, in order to facilitate prison and inmate management the director, assistant directors, wardens and deputy wardens of the state department of corrections on request shall have access to any prisoner medical history information that is ma…

A. The director may establish and operate correctional facilities for persons who are under eighteen years of age and who are committed to the state department of corrections. The juvenile inmates shall be kept in a separate section from adult inmates. B. The director shall requi…

If a prisoner in a secure care facility requires health care services that the department, the facility or a private prison provider contracted by the department cannot provide, the department shall pay approved claims from a facility or provider that provides these services as f…

A. The department may enter into agreements with the federal government, other states or agencies of the federal government or other states for such compensation upon which they agree to accept or deliver adult offenders or to administer correctional programs. Notwithstanding the…

A. On publication, any request for proposals shall be provided to the joint legislative budget committee for its review. B. To be considered for an award of a contract, the proposer must demonstrate that it has: 1. The qualifications, operations and management experience and expe…

A. Before expanding an existing minimum or medium security level prison or before establishing a new minimum or medium security level prison, the director shall give consideration to contracting for private prisons for the incarceration of: 1. Prisoners convicted of offenses purs…

A private contractor that contracts with any governmental entity to provide detention or incarceration services for offenders shall be liable for the cost of any emergency, public safety or security services provided to the contractor by the state or any political subdivision of …

A. If a person is arrested within this state for any crime described in subsection C of this section, the clerk of the court in which the legal proceedings relating to the crime are held shall prepare an itemized claim against the private prison for the court costs and any other …

(L90, ch 344, sec 2.) All personnel employed by the department of corrections who meet the following criteria shall be considered to be engaged in hazardous duty: 1. Those whose duties involve the supervision, guarding or custody of inmates, pursuit and recapture of escapees or s…

An officer or employee of the New Mexico department of corrections who has in his custody, pursuant to New Mexico law, a ward, offender or prisoner of the state of New Mexico whom he is transporting from a facility in New Mexico to another point in New Mexico via Arizona or to a …

B. Nine months before an inmate's release from custody, the state department of corrections, in coordination with the department of transportation, shall determine whether the inmate possesses a current and valid nonoperating identification license or driver license. If the inmat…

The department shall consist of such number of divisions or units as may be established by the director. Each such division or unit shall be under the supervision of a person appointed by the director.

B. The department shall adopt rules for the community treatment program for imprisoned women, including the eligibility requirements for entering the program and living in the community treatment center. The department shall take into account public safety and generally accepted …

A. The director may: 1. Establish and operate facilities to be known as community correctional centers. 2. Transfer inmates whose terms of imprisonment have been fixed from the state prisons and facilities of the department to community correctional centers and place inmates plac…

In this article, unless the context otherwise requires: 1. "Arizona correctional industries" means the Arizona correctional industries program. 2. "Department" means the state department of corrections. 3. Director" means the director of the state department of corrections.

A. Arizona correctional industries may purchase raw materials, components and supplies for use in the manufacture of products for sale or provide services. In support of its retail operation, Arizona correctional industries may purchase or consign items for sale to the public tha…

A. Subject to legislative appropriation, the director shall establish, regulate, operate and terminate, if appropriate, Arizona correctional industries pursuant to this article. B. The department may enter into contracts and agreements with any person or persons for the acquisiti…

A. The director may establish a revolving fund to be used to pay the expenses required: 1. For the purchase of raw materials, components and supplies to be used for the production of food and other items to be sold by the department's Arizona correctional industries. 2. For the c…

A. The director shall compensate prisoners for their services pursuant to section 31-254. B. The director or his designee may contract with any state agency, political subdivision or state department or any private person, firm, corporation or association to provide services or l…

[Repealed or reserved.]

The department shall fix and determine the prices at which all articles, services or products manufactured or produced shall be furnished or sold. The prices shall be uniform and nondiscriminating to all agencies of this state. The prices may be fixed and determined in any amount…

The department shall cause to be prepared, at such times as it may determine, consistent with sound marketing principles, catalogues containing the description of all articles and products manufactured or produced by it pursuant to the provisions of this article, copies of which …

A. The articles or products manufactured or produced or services provided by Arizona correctional industries in accordance with the provisions of this article shall be devoted to both: 1. Fulfilling the requirements of the offices, departments, institutions and agencies of the st…

Any person who violates any provision of this article, is guilty of a class 1 misdemeanor.