A.R.S. § 31-229.02 — Arizona Code / Title 31 / Chapter 2 / Article 2 / Section 229.02
31-229.02 Functionally literate inmates; release eligibility
Status: in_force

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.
A.R.S. § 31-225 — Arizona Code / Title 31 / Chapter 2 / Article 2 / Section 225
31-225 Attendance of prisoner in court
Status: in_force

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.
A.R.S. § 31-271 — Arizona Code / Title 31 / Chapter 2 / Article 5 / Section 271
31-271 Adult correctional facility; multiple confinement
Status: in_force

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.
A.R.S. § 31-206 — Arizona Code / Title 31 / Chapter 2 / Article 1 / Section 206
31-206 Chaplains; duties; traditional Native American religious practitioners
Status: in_force

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.
A.R.S. § 31-467.07 — Arizona Code / Title 31 / Chapter 3 / Article 4.1 / Section 467.07
31-467.07 Interstate compact for the supervision of adult offenders; eight-year review
Status: in_force

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.
A.R.S. § 31-467.05 — Arizona Code / Title 31 / Chapter 3 / Article 4.1 / Section 467.05
31-467.05 Extradition; retrieval
Status: in_force

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.
A.R.S. § 31-492 — Arizona Code / Title 31 / Chapter 3 / Article 7 / Section 492
31-492 Powers of director
Status: in_force

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.
A.R.S. § 31-444 — Arizona Code / Title 31 / Chapter 3 / Article 3 / Section 444
31-444 Power of governor to suspend sentence for treason pending consideration by legislature
Status: in_force

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.
A.R.S. § 31-253 — Arizona Code / Title 31 / Chapter 2 / Article 3 / Section 253
31-253 Use of prisoners in prison construction; definition
Status: in_force

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.
A.R.S. § 31-125 — Arizona Code / Title 31 / Chapter 1 / Article 2 / Section 125
31-125 Duty of sheriff to deliver judicial papers to prisoner
Status: in_force

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.
A.R.S. § 31-467.04 — Arizona Code / Title 31 / Chapter 3 / Article 4.1 / Section 467.04
31-467.04 Hearings in other states; effect
Status: in_force

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.
A.R.S. § 31-162 — Arizona Code / Title 31 / Chapter 1 / Article 4 / Section 162
31-162 Inmate health services fund; audit
Status: in_force

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.
A.R.S. § 31-241 — Arizona Code / Title 31 / Chapter 2 / Article 2 / Section 241
31-241 Inmate complaints to boards; procedure
Status: in_force

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.
A.R.S. § 31-411.01 — Arizona Code / Title 31 / Chapter 3 / Article 2 / Section 411.01
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
Status: in_force

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.
A.R.S. § 31-412 — Arizona Code / Title 31 / Chapter 3 / Article 2 / Section 412
31-412 Criteria for release on parole; release; custody of parolee; definition
Status: in_force

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.
A.R.S. § 31-238 — Arizona Code / Title 31 / Chapter 2 / Article 2 / Section 238
31-238 Incarceration costs; setoff
Status: in_force

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.
A.R.S. § 31-415 — Arizona Code / Title 31 / Chapter 3 / Article 2 / Section 415
31-415 Violation of parole or community supervision; warrant for retaking parolee or offender on community supervision
Status: in_force

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.
A.R.S. § 31-467.03 — Arizona Code / Title 31 / Chapter 3 / Article 4.1 / Section 467.03
31-467.03 Hearing rights of parolee or probationer
Status: in_force

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.
A.R.S. § 31-333 — Arizona Code / Title 31 / Chapter 2 / Article 11 / Section 333
31-333 Work furlough
Status: in_force

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.
A.R.S. § 31-473 — Arizona Code / Title 31 / Chapter 3 / Article 5 / Section 473
31-473 Enforcement of compact; hearings in compliance with compact
Status: in_force

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.
A.R.S. § 31-128 — Arizona Code / Title 31 / Chapter 1 / Article 2 / Section 128
31-128 Unauthorized communication with prisoner; classification
Status: in_force

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.
A.R.S. § 31-446 — Arizona Code / Title 31 / Chapter 3 / Article 3 / Section 446
31-446 Report to legislature
Status: in_force

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.
A.R.S. § 31-336 — Arizona Code / Title 31 / Chapter 2 / Article 11 / Section 336
31-336 Improper conduct
Status: in_force

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.
A.R.S. § 31-251.01 — Arizona Code / Title 31 / Chapter 2 / Article 3 / Section 251.01
31-251.01 Definition
Status: in_force

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.
A.R.S. § 31-261 — Arizona Code / Title 31 / Chapter 2 / Article 4 / Section 261
31-261 Sale or exchange of products of individual prisoners
Status: in_force

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.
A.R.S. § 31-123 — Arizona Code / Title 31 / Chapter 1 / Article 2 / Section 123
31-123 Confinement of person committed to jail
Status: in_force

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.
A.R.S. § 31-144 — Arizona Code / Title 31 / Chapter 1 / Article 3 / Section 144
31-144 Double time allowance for work done outside jail as trusty
Status: in_force

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.
A.R.S. § 31-413 — Arizona Code / Title 31 / Chapter 3 / Article 2 / Section 413
31-413 Duty of department of corrections to assist in securing employment for parolees and prisoners
Status: in_force

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.
A.R.S. § 31-226.01 — Arizona Code / Title 31 / Chapter 2 / Article 2 / Section 226.01
31-226.01 Emergency transfer procedures
Status: in_force

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.
A.R.S. § 31-255 — Arizona Code / Title 31 / Chapter 2 / Article 3 / Section 255
31-255 Alcohol abuse treatment fund
Status: in_force

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.
A.R.S. § 31-285 — Arizona Code / Title 31 / Chapter 2 / Article 6 / Section 285
31-285 Transition program release; report
Status: in_force

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.
A.R.S. § 31-161 — Arizona Code / Title 31 / Chapter 1 / Article 4 / Section 161
31-161 Inmate health care; costs
Status: in_force

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.
A.R.S. § 31-107 — Arizona Code / Title 31 / Chapter 1 / Article 1 / Section 107
31-107 Emergency removal of prisoners
Status: in_force

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.
A.R.S. § 31-132 — Arizona Code / Title 31 / Chapter 1 / Article 2 / Section 132
31-132 Duty to deliver medical records
Status: in_force

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.
A.R.S. § 31-417 — Arizona Code / Title 31 / Chapter 3 / Article 2 / Section 417
31-417 Notification to board of parole violator; hearing; reimprisonment
Status: in_force

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.
A.R.S. § 31-204 — Arizona Code / Title 31 / Chapter 2 / Article 1 / Section 204
31-204 Interest of employee in contracts; gifts to or from prisoner; penalty
Status: in_force

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.
A.R.S. § 31-129 — Arizona Code / Title 31 / Chapter 1 / Article 2 / Section 129
31-129 Taking prohibited articles into jail; violation; classification; definitions
Status: in_force

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.
A.R.S. § 31-222 — Arizona Code / Title 31 / Chapter 2 / Article 2 / Section 222
31-222 Research and evaluation programs
Status: in_force

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.
A.R.S. § 31-475 — Arizona Code / Title 31 / Chapter 3 / Article 5 / Section 475
31-475 Right of transferred prisoner on release from prison outside this state
Status: in_force

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.
A.R.S. § 31-234 — Arizona Code / Title 31 / Chapter 2 / Article 2 / Section 234
31-234 Agreements with cities and counties; costs; transfer; participation in programs; custody of director
Status: in_force

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.
A.R.S. § 31-342 — Arizona Code / Title 31 / Chapter 2 / Article 12 / Section 342
31-342 Escape; liability for costs incurred in apprehension
Status: in_force

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.
A.R.S. § 31-251 — Arizona Code / Title 31 / Chapter 2 / Article 3 / Section 251
31-251 Hard labor required of prisoners; labor classification; definition
Status: in_force

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.
A.R.S. § 31-291 — Arizona Code / Title 31 / Chapter 2 / Article 7 / Section 291
31-291 Mental health transition program; contracted entities; inmate eligibility; rules; study; report; definition
Status: in_force

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.
A.R.S. § 31-232 — Arizona Code / Title 31 / Chapter 2 / Article 2 / Section 232
31-232 Family considerations in prisoner placement and visitation rules
Status: in_force

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.
A.R.S. § 31-101 — Arizona Code / Title 31 / Chapter 1 / Article 1 / Section 101
31-101 Common jails; duty of sheriff; use of jails
Status: in_force

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.
A.R.S. § 31-282 — Arizona Code / Title 31 / Chapter 2 / Article 6 / Section 282
31-282 Contracted entities; duties; services; definition
Status: in_force

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.
A.R.S. § 31-332 — Arizona Code / Title 31 / Chapter 2 / Article 11 / Section 332
31-332 Applicability
Status: in_force

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.
A.R.S. § 31-242 — Arizona Code / Title 31 / Chapter 2 / Article 2 / Section 242
31-242 Internet access; violation; classification; definitions
Status: in_force

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.
A.R.S. § 31-142 — Arizona Code / Title 31 / Chapter 1 / Article 3 / Section 142
31-142 Use of prisoners on public works
Status: in_force

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.
A.R.S. § 31-256 — Arizona Code / Title 31 / Chapter 2 / Article 3 / Section 256
31-256 Prisoner training; individual certificates; requirements
Status: in_force

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.
A.R.S. § 31-124 — Arizona Code / Title 31 / Chapter 1 / Article 2 / Section 124
31-124 Segregation of prisoners; males and females; minors and adults
Status: in_force

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.
A.R.S. § 31-146 — Arizona Code / Title 31 / Chapter 1 / Article 3 / Section 146
31-146 Notice of discharge of prisoners sentenced to pay fine or to be imprisoned until payment made
Status: in_force

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.
A.R.S. § 31-474 — Arizona Code / Title 31 / Chapter 3 / Article 5 / Section 474
31-474 Contracts implementing state's participation in compact; prerequisite approval; authorized provisions; determination of suitability of institution and confinement
Status: in_force

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.
A.R.S. § 31-442 — Arizona Code / Title 31 / Chapter 3 / Article 3 / Section 442
31-442 Application for pardon; notice; exceptions
Status: in_force

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.
A.R.S. § 31-230 — Arizona Code / Title 31 / Chapter 2 / Article 2 / Section 230
31-230 Prisoner spendable accounts; fees
Status: in_force

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.
A.R.S. § 31-130 — Arizona Code / Title 31 / Chapter 1 / Article 2 / Section 130
31-130 Destruction of or injury to public jail; classification
Status: in_force

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.
A.R.S. § 31-239 — Arizona Code / Title 31 / Chapter 2 / Article 2 / Section 239
31-239 Utility fees
Status: in_force

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.
A.R.S. § 31-404 — Arizona Code / Title 31 / Chapter 3 / Article 1 / Section 404
31-404 Wilful failure to pay; revocation of parole or community supervision
Status: in_force

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.
A.R.S. § 31-283 — Arizona Code / Title 31 / Chapter 2 / Article 6 / Section 283
31-283 Transitional housing; contracts; state licensed facilities
Status: in_force

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.
A.R.S. § 31-334 — Arizona Code / Title 31 / Chapter 2 / Article 11 / Section 334
31-334 Earnings of prisoner
Status: in_force

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.
A.R.S. § 31-467.01 — Arizona Code / Title 31 / Chapter 3 / Article 4.1 / Section 467.01
31-467.01 Parole or probation violation; retaking; notice; hearing; custody pending hearing
Status: in_force

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.
A.R.S. § 31-106 — Arizona Code / Title 31 / Chapter 1 / Article 1 / Section 106
31-106 Disease in jail; removal of prisoners
Status: in_force

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.