4 chapters · 124 sections in this title.
A.R.S. § 31-233 Order for removal; purposes; duration; continuous alcohol monitoring program; failure to return; classification
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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…
A.R.S. § 31-234 Agreements with cities and counties; costs; transfer; participation in programs; custody of director
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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 correcti…
A.R.S. § 31-235 Prisoner communications; definitions
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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 w…
A.R.S. § 31-236 Prisoner inspection or search; state of undress; prohibited acts; exception; report; definition
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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.R.S. § 31-237 Dedicated discharge accounts
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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 th…
A.R.S. § 31-238 Incarceration costs; setoff
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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 sta…
A.R.S. § 31-239 Utility fees
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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…
A.R.S. § 31-240 Prisoner education services budget; prohibited uses
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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 se…
A.R.S. § 31-241 Inmate complaints to boards; procedure
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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 sectio…
A.R.S. § 31-242 Internet access; violation; classification; definitions
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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 misdemeano…
A.R.S. § 31-250 Definition of work crew
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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…
A.R.S. § 31-251 Hard labor required of prisoners; labor classification; definition
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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, tra…
A.R.S. § 31-251.01 Definition
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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.
A.R.S. § 31-252 Use of prisoners in public works; cooperative prisoner labor system; definitions
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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 p…
A.R.S. § 31-253 Use of prisoners in prison construction; definition
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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 concre…
A.R.S. § 31-254 Compensation for labor performed; price of prison made articles; distribution of earnings; workers' compensation
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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 …
A.R.S. § 31-255 Alcohol abuse treatment fund
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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 departm…
A.R.S. § 31-256 Prisoner training; individual certificates; requirements
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[Repealed or reserved.]
A.R.S. § 31-261 Sale or exchange of products of individual prisoners
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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 particip…
A.R.S. § 31-271 Adult correctional facility; multiple confinement
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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.
A.R.S. § 31-281 Transition program; report; definition
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(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 …
A.R.S. § 31-282 Contracted entities; duties; services; definition
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(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 fa…
A.R.S. § 31-283 Transitional housing; contracts; state licensed facilities
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[Repealed or reserved.]
A.R.S. § 31-284 Transition program fund
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(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…
A.R.S. § 31-285 Transition program release; report
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(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…
A.R.S. § 31-291 Mental health transition program; contracted entities; inmate eligibility; rules; study; report; definition
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(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,…
A.R.S. § 31-321 Prisoner participation in approved programs
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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 ser…
A.R.S. § 31-322 Approval of programs
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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.…
A.R.S. § 31-323 Compensation for prisoner participation in approved programs; trust fund or retention account
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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 establi…
A.R.S. § 31-331 Definitions
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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 co…
A.R.S. § 31-332 Applicability
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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.
A.R.S. § 31-333 Work furlough
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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 c…
A.R.S. § 31-334 Earnings of prisoner
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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 fac…
A.R.S. § 31-335 Time credits
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A prisoner shall be eligible for time credits while on work furlough if he would otherwise be eligible.
A.R.S. § 31-336 Improper conduct
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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 …
A.R.S. § 31-341 Definitions
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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 p…
A.R.S. § 31-342 Escape; liability for costs incurred in apprehension
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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 perso…
A.R.S. § 31-401 Board of executive clemency; qualifications; appointment; officers; quorum; meeting
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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 3…
A.R.S. § 31-402 Powers of board; powers and duties of governor; powers and duties of executive director
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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 i…
A.R.S. § 31-403 Commutation; restrictions on consideration
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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 commutatio…
A.R.S. § 31-404 Wilful failure to pay; revocation of parole or community supervision
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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…
A.R.S. § 31-411 Parole or discharge; conditions of parole; release under supervision of state department of corrections; notice of hearing; exceptions; drug testing costs
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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 bo…
A.R.S. § 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
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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 …
A.R.S. § 31-412 Criteria for release on parole; release; custody of parolee; definition
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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,…
A.R.S. § 31-413 Duty of department of corrections to assist in securing employment for parolees and prisoners
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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 furlo…
A.R.S. § 31-414 Absolute discharge of parolee; effect; notice to victim
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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…
A.R.S. § 31-415 Violation of parole or community supervision; warrant for retaking parolee or offender on community supervision
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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…
A.R.S. § 31-416 Execution of warrant to take paroled prisoner or offender on community supervision; expenses
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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 re…
A.R.S. § 31-417 Notification to board of parole violator; hearing; reimprisonment
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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…
A.R.S. § 31-418 Community supervision fee; deposit; community corrections enhancement fund; drug testing costs
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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 …