ARIZONA STATE SENATE
Phoenix, Arizona
Purpose
Makes several modifications
to procedures of the Arizona Department of Juvenile Corrections.
Background
The Arizona Department of
Juvenile Corrections (ADJC) was split from the Arizona Department of
Corrections (ADC) in 1990 with the purpose of supervising, rehabilitating,
treating and educating all committed youth.
When ADJC was removed from the jurisdiction of ADC, several provisions
that applied to ADJC under the statutes governing ADC were not enumerated in
the statutes written for the independent ADJC.
Some of these provisions include the prohibition of contraband in ADJC
facilities, assault against ADJC staff and the prohibition of sexual conduct
between ADJC staff and confined persons.
There is no anticipated
impact to the state general fund associated with this bill.
Provisions
1. Allows a person who is at least 18 years old, who has been adjudicated delinquent or incorrigible and who has received absolute discharge from ADJC to apply to the juvenile court to set aside the adjudication. Allows the person’s parole officer, if authorized in writing by the person, to apply to set aside the adjudication.
2. Allows a person who has been referred to juvenile court to apply for destruction of the person’s ADJC records at age 18. Allows ADJC to store records for research purposes.
3. Adds to the list of persons included under “dangerous or deadly assault by prisoner” any person in the custody of ADJC who commits assault with a deadly weapon or dangerous instrument or inflicts serious physical injury and classifies the assault as a class 2 felony.
4. Includes ADJC staff in the list of persons guilty of unlawful sexual conduct if the staff member engages in sexual contact with a person in the custody of ADJC. Classifies unlawful sexual conduct with a person under the age of 15 as a class 2 felony. Classifies unlawful sexual conduct with a person between the ages of 15 and 17 as a class 3 felony.
5. Mirrors the promoting prison contraband statute for secure care facilities under the jurisdiction of ADJC.
6. Classifies promoting secure care facility contraband as a class 2 felony if the contraband is a deadly weapon, dangerous instrument, explosive, dangerous drug, narcotic drug or marijuana. Classifies all other cases as a class 5 felony.
7. Requires any person who has reasonable grounds to believe that a person has promoted or attempted to promote secure care facility contraband to immediately report the violation or attempted violation to the official in charge of the facility. Classifies failure to report a violation or attempted violation as a class 5 felony. Exempts information protected under attorney client privilege.
8. Prohibits persons convicted of promoting secure care facility contraband from gaining employment with the state or any of its agencies or political subdivisions until the person’s civil rights have been restored.
9. Adds ADJC to the list of employers authorized to conduct pre-employment and ongoing employment drug screening.
10. Allows the director of ADJC to contract with other agencies or institutions to further any ADJC program.
11. Authorizes the Director of ADJC to provide medical, dental and health services for committed youth. Allows the Director to contract for professional services to assist in providing the medical and health services if all records in connection with the medical and health services are made and retained by authorized or qualified medical and professional personnel and not by any youth.
12. Allows any person to purchase items for consumption on the premises at committed youth canteens.
13. Makes technical, clarifying and conforming changes.
14. Provides for a general effective date.
Amendments
Adopted by Judiciary Committee
1. Authorizes the Director of ADJC to provide dental services, in addition to medical and health services, for committed youth.
2. Makes technical changes.
House Action
Senate Action
JUD 1/30/01 DPA 8-0-0-2 JUD 4/3/01 DPA 5-0-3
RGO 2/27/01 DPA 7-0-3-0
3rd Read 3/14/01 50-0-10-0
Prepared by Senate Staff
April 4, 2001