Chapter 0093 - 442R - S Ver of HB2376

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  Senate Engrossed House Bill
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  State of Arizona
  House of Representatives
  Forty-fourth Legislature
  Second Regular Session
  2000
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         CHAPTER 93
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      HOUSE BILL 2376
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AN ACT

AMENDING SECTIONS 31-235 AND 41-1604, ARIZONA REVISED STATUTES; AMENDING TITLE 31, CHAPTER 2, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 31-242; RELATING TO PRISONERS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 31-235, Arizona Revised Statutes, is amended to read:

31-235. Prisoner correspondence; definitions

A. THE DEPARTMENT SHALL MARK all mail written by a prisoner committed to the state department of corrections ~~shall be marked by the department~~ indicating that the mail was sent from a prison maintained by this state.

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

C. AN INMATE SHALL NOT SEND MAIL TO OR RECEIVE MAIL FROM A COMMUNICATION SERVICE PROVIDER OR REMOTE COMPUTING SERVICE. THE DEPARTMENT SHALL IMPOSE APPROPRIATE SANCTIONS, INCLUDING REDUCING OR DENYING EARNED RELEASE CREDITS, AGAINST AN INMATE IF EITHER OF THE FOLLOWING APPLIES:

1. THE INMATE CORRESPONDS OR ATTEMPTS TO CORRESPOND WITH A COMMUNICATION SERVICE PROVIDER OR REMOTE COMPUTING SERVICE.

2. ANY PERSON ACCESSES THE PROVIDER'S OR SERVICE'S INTERNET WEB SITE AT THE INMATE'S REQUEST.

C. D. On receipt of notice that an inmate has violated subsection B OR C of this section, the department shall review all of the inmate's outgoing mail to ensure that no further correspondence is sent to the victim or to the victim's family or household members who have requested not to receive inmate mail OR TO THE COMMUNICATION SERVICE PROVIDER OR REMOTE COMPUTING SERVICE OR ANY PERSON WHO ACCESSES THE PROVIDER'S OR SERVICE'S INTERNET WEB SITE.

E. FOR THE PURPOSES OF THIS SECTION:

1. "COMMUNICATION SERVICE PROVIDER" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-3004.

2. "REMOTE COMPUTING SERVICE" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-3004.

Sec. 2. Title 31, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 31-242, to read:

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.

Sec. 3. Section 41-1604, Arizona Revised Statutes, is amended to read:

41-1604. Duties and powers of director

A. The director shall:

1. Be responsible for the overall operations and policies of the department.

2. Maintain and administer all institutions and programs within the department, including prisons, reception and diagnostic centers, conservation camps, community correctional centers and such other facilities and programs as may be required and established for the custody, control, correction, treatment and rehabilitation of all adult offenders WHO ARE committed to the department.

3. Be responsible for the administration and execution of all community supervision services, ~~to include~~ INCLUDING those for adult offenders WHO ARE released in accordance with law.

4. Develop a program to provide uniform statewide community supervision field services in this state and employ parole or community supervision officers based on qualifications prescribed by the director, including physical, psychological and educational qualifications and practical experience.

5. Be responsible for the development of policies and programs ~~which~~ THAT shall be recommended to the governor and the legislature for the purpose of improving the various adult correctional programs of ~~the~~ THIS state.

6. Develop and establish a uniform statewide method of reporting statistics as related to this chapter.

7. Employ deputy directors and other key personnel based on qualifications prescribed by the director ~~which~~ THAT require education and practical experience.

8. Adopt rules pursuant to chapter 6 of this title for the development of incentives to encourage good behavior and the faithful performance of work by prisoners.

9. ADOPT RULES PURSUANT TO CHAPTER 6 OF THIS TITLE TO LIMIT INMATE ACCESS TO THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER SYSTEM, NETWORK, COMPUTER SERVICE PROVIDER OR REMOTE COMPUTING SERVICE.

B. The director may:

1. Adopt rules to implement the purposes of the department and the duties and powers of the director.

2. Take any administrative action to improve the efficiency of the department, including ~~but not limited to~~ the following:

(a) Create new divisions or units or consolidate divisions or units.

(b) Transfer employees between the various divisions and units of the department.

(d) Delegate to appropriate personnel the administrative functions, powers or duties that the director believes can be competently, efficiently and properly performed. The director shall not delegate the responsibilities in subsection A, paragraphs 1 and 5 of this section.

(e) Transfer adult inmates between adult institutions or adult facilities.

(f) Authorize work crews to perform acceptable tasks in any part of the state.

(g) Accept unconvicted persons pursuant to a court order for purposes of examination and treatment regarding such person's competency to understand any stage of a criminal proceeding after indictment or information or their ability to assist in their own defense.

(h) Accept convicted yet unsentenced persons pursuant to a court order for purposes of conducting a mental health examination or a diagnostic evaluation.

(i) Appoint certain employees of the department to peace officer status for purposes only of guarding, transporting or pursuing persons under the jurisdiction of the department and appoint certain employees of the department to peace officer status for purposes of investigating or arresting persons who commit or attempt to commit offenses directly relating to the operations of the department. ~~Personnel appointed by the director pursuant to this subdivision~~ For purposes of investigating and arresting persons who commit or attempt to commit offenses directly relating to the operations of the department, PERSONNEL WHO ARE APPOINTED BY THE DIRECTOR PURSUANT TO THIS SUBDIVISION have the authority and power of peace officers only while engaged in investigating or arresting persons who commit or attempt to commit offenses directly relating to the operations of the department. Peace officers of the department shall not preempt the authority and jurisdiction of established agencies of this state and political subdivisions of this state. Such officers shall notify agencies of this state and political subdivisions of this state before conducting an investigation within the jurisdiction of the agency and before making an arrest within the jurisdiction of the agency and shall ask, except in an emergency, if the agency wishes to participate, perform the investigation or arrest the person to be arrested before proceeding. Personnel WHO ARE appointed as peace officers by the director shall have the minimum qualifications established for peace officers pursuant to section 41-1822. Personnel WHO ARE appointed by the director pursuant to this subdivision are not eligible to participate in funding provided by the peace officers' training fund established by section 41-1825 or in the public safety personnel retirement system except as otherwise provided in title 38, chapter 5, article 4.

(j) Operate travel reduction programs that are subsidized by the department for employees who commute between work and home by vanpools, carpools and buses or in vehicles that are purchased or leased by the department.

APPROVED BY THE GOVERNOR MARCH 31, 2000.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 31, 2000.