Bill Text: AZ HB2649 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed
Bill Title: Prisoners; mental health transition program
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2020-03-03 - Senate read second time [HB2649 Detail]
Download: Arizona-2020-HB2649-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2649 |
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AN ACT
amending title 31, chapter 2, article 6, Arizona Revised Statutes, by adding section 31‑283; repealing section 31-283, Arizona Revised Statutes; amending section 31‑285, Arizona Revised Statutes; appropriating monies; relating to prisoners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 31, chapter 2, article 6, Arizona Revised Statutes, is amended by adding section 31-283, to read:
31-283. Mental health transition pilot program; program eligibility; definition
A. The department shall establish a mental health transition pilot program that provides eligible inmates with transition services in the community. An inmate who is in the mental health transition pilot program may not be released before the inmate's earliest release date. The department shall administer the mental health transition pilot 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 pilot program. The department shall place up to five hundred eligible inmates in the mental health transition pilot program each year.
B. The director shall adopt rules to implement this section. The rules shall include:
1. Eligibility criteria for receiving a contracted entity's mental health transition services. To be eligible, at a minimum, an inmate shall:
(a) Not have been convicted of a sexual offense pursuant to title 13, chapter 14 or a violation of title 13, chapter 17.
(b) Agree in writing to provide specific information. The department shall use the information to prepare the report prescribed by subsection D, paragraph 3 of this section.
(c) Have a mental health or co-occurring disorder.
2. A requirement that services be offered to an eligible inmate that may include evidence‑based psychoeducational counseling, psychiatric health care, transportation services, health care navigation services and case management services as determined by the department. The counseling and services may include substance abuse group counseling, individual counseling, medically assisted treatment, abuse treatment, anger management, cognitive behavioral therapy, parenting skills, family reunification training, further education and job placement.
3. A requirement that each eligible inmate receive services in the program for at least ninety days.
C. In awarding contracts under this section the department shall comply with section 41‑3751.
D. The department shall:
1. Conduct an annual study to determine the recidivism rates of inmates who receive a contracted entity's 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 the inmate and provide the information to the contracted entity.
3. Submit a written report to the governor, the president of the senate and the speaker of the house of representatives on or before July 31 of each year and provide a copy of this report to the secretary of state. The report may be submitted electronically. The report shall contain the following information:
(a) The recidivism rates of inmates who receive services pursuant to this section, including the recidivism rates of inmates who have been released from incarceration for a minimum of two years after release.
(b) The number of inmates who received services pursuant to this section.
(c) The number of inmates who were not provided services pursuant to this section and who were on a list waiting to receive services.
(d) The types of services provided.
(e) The number of inmates who received each type of service provided.
4. Provide information about the mental health transition pilot program to all inmates who have a mental health condition or mental health co-occurring condition and who are not serving a life sentence on admission to prison and to any inmate who is potentially eligible for the mental health transition pilot program nine months before the inmate's earliest release date. The information must include all of the admission requirements to the mental health transition pilot program, including the disqualifying factors under this section.
E. For the purposes of this section, "recidivism" means reincarceration in the department for any reason.
Sec. 2. Delayed repeal
Section 31‑283, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2024.
Sec. 3. Section 31-285, Arizona Revised Statutes, is amended to read:
31-285. Transition program release; report
A. An inmate who enters a transition program pursuant to this article section 31‑281 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 section 31‑281 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 $17 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.
Sec. 4. Appropriations; mental health transition pilot program
The sum of $1,300,000 is appropriated from the state general fund in each of fiscal years 2020-2021, 2021‑2022 and 2022‑2023 to the state department of corrections for the mental health transition pilot program established pursuant to section 31-283, Arizona Revised Statutes, as added by this act.
