prisoners; release credits

HB4094 - 572R - I Ver

REFERENCE TITLE:
prisoners; release credits

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4094

Introduced by

Representative
Powell

AN
ACT

AMENDING SECTIONS 13-4413, 31-229.02, 31-281
AND 41-1604.07, ARIZONA REVISED STATUTES; RELATING TO PRISONERS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 13-4413, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4413.

Notice of prisoner's status

A. If the victim has made a request for
post-conviction

postconviction
notice,
the director of the state department of corrections shall mail to the victim
the following information about a prisoner in the custody of the
state
department of corrections:

1. Within thirty days after the request, notice of
the earliest release date of the prisoner if
his
the prisoner's
sentence exceeds six months.

2. At least fifteen days before the prisoner's
release, notice of the release.

3. Within fifteen days after the prisoner's death,
notice of the death.

4. Within thirty days after the
prisoner qualifies for earned release credits pursuant to section 41-1604.07,
subsection b, paragraph 2 or 3, notice of the earliest release date of the
prisoner.

B. If the victim has made a request for
post-conviction
postconviction

notice, the sheriff having custody of the prisoner shall mail to the victim
notice of release at least fifteen days before the prisoner's release or notice
of death within fifteen days after the prisoner's death.
END_STATUTE

Sec. 2. Section 31-229.02, Arizona Revised
Statutes, is amended to read:

START_STATUTE
31-229.02.

Functionally literate inmates; release eligibility

A.
Except as provided in section 41-1604.07,
subsection F, if an

on admission to the department, the
director shall make literacy programming and a standardized assessment
examination available to each
inmate
fails to achieve
who has not demonstrated
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
.
The director shall
make the determination of eligibility and provide the standardized assessment
testing for each inmate before the earliest date that the inmate becomes
eligible for release.

B. This section does not apply to inmates who are
any of the following:

1. Unable to
meet the
demonstrate
functional literacy
standard

at an eighth grade literacy level as
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.

END_STATUTE

Sec. 3. Section 31-281, Arizona Revised
Statutes, is amended to read:

START_STATUTE
31-281.

Transition program; report; definition

A. The department shall establish a transition
program that provides eligible inmates with transition services in the
community for up to ninety days. The department shall administer the
transition program and contract with private or nonprofit entities to provide
eligible inmates with transition services and shall procure transition services
pursuant to title 41, chapter 23.

B. The director shall
adopt rules to implement this article. The rules shall include:

1. Eligibility criteria
for receiving a contracted entity's 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) Not have been
convicted of a violent crime as defined in section 13-901.03, unless the
inmate was convicted of assault, aggravated assault or robbery.

(c) Not have any felony
detainers.

(d) Agree in writing to
provide specific information after the inmate is released. The
department shall use the information to prepare the report prescribed by
subsection D, paragraph 3 of this section.

(e) Have made
satisfactory progress by complying with all programming on the inmate's
individualized corrections plan as determined by the department.

(f) Be classified by the
department as minimum or medium custody as determined by an objective risk
assessment.

(g) Not have been found
in violation of any major violent rule during the inmate's current period of
incarceration or in violation of any other major rule within the previous six
months. For the purposes of this subdivision, an accumulation of
minor rule violations does not equal a major rule violation.

2. A requirement that
each contracted entity train mentors or certify that mentors are trained.

3. A requirement that
the services offered to an inmate include psychoeducational counseling and case
management services as determined by the department. The counseling
and services may include substance abuse treatment, anger management, cognitive
behavioral therapy, parenting skills and family reunification training, further
education and job placement.

4. A requirement that an
inmate may be released pursuant to this article only after the victim has been
provided notice and an opportunity to be heard. The department shall
provide notice to a victim who has provided a current address or other contact
information. The notice shall inform the victim of the opportunity
to be heard on the early release.� Any objection to the inmate's early release
must be made within twenty days after the department has mailed the notice to
the victim.

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 rate of inmates who receive a contracted
entity's services pursuant to this article. The study shall include
the recidivism rate of inmates who have been released from incarceration for a
minimum of three 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 rate
of inmates who receive services pursuant to this article, including the
recidivism rate of inmates who have been released from incarceration for a
minimum of three years after release.

(b) The number of
inmates who received services pursuant to this article.

(c) The number of
inmates who were not provided services pursuant to this article 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 transition program to all inmates who are not serving a life sentence
on admission to prison and to any inmate who is potentially eligible for the
transition program six months before the inmate's eligibility date.� The
information must include all of the admission requirements to the transition
program, including the disqualifying factors under this section.

E. Notwithstanding
subsection B, paragraph 1 of this section, if an inmate agrees to comply with
any condition that is established and required by section 41-1604.07,
subsection F , has been convicted of the possession or use of marijuana
pursuant to section 13-3405, subsection A, paragraph 1, possession or use
of a dangerous drug pursuant to section 13-3407, subsection A, paragraph
1, possession or use of a narcotic drug pursuant to section 13-3408,
subsection A, paragraph 1 or possession or use of drug paraphernalia pursuant
to section 13-3415, subsection A and is not concurrently serving another
sentence for an offense that is not listed in this subsection, the inmate is
eligible for and shall be released to enter the transition program.� The
director may not exclude an inmate who is eligible for the transition program
pursuant to this subsection because the inmate does not have a place to reside
before being released, except that the director shall exclude an inmate who has
any of the following:

1. Previously
been convicted of a violent crime as defined in section 13-901.03 or an
offense listed in title 13, chapter 14 or 35.1.

2. A
felony detainer.

3. Been
found to be in violation of a major violent rule during the inmate's current
period of incarceration or to be in violation of any other major rule within
the previous six months.� For the purposes of this paragraph, an accumulation
of minor rule violations does not equal a major rule violation.

4. Previously
been released pursuant to this section and violated a term of the inmate's
release.

5. Failed
to achieve functional literacy as required by section 41-1604.07,
subsection F, unless the inmate is enrolled in a program that prepares the
inmate to achieve functional literacy.

6. Been
classified by the department as close or maximum custody as determined by a
current and objective risk assessment.

7. Refused
enrollment in or been removed for poor behavior from a major self-improvement
program within the previous eighteen months unless the inmate has subsequently
enrolled in and completed the major self-improvement program.

F.

E.
For the purposes of this section,
"recidivism" means reincarceration in the department for any reason.
END_STATUTE

Sec. 4. Section 41-1604.07, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-1604.07.

Earned release credits; recidivism reduction release credits;
forfeiture; restoration; released prisoner health care; annual report

A. Pursuant to rules adopted by the director, each
prisoner who is in the eligible earned release credit class shall be allowed an
earned release credit as set forth in subsection B of this section, including
time served in county jails, except for those prisoners who are sentenced to
serve the full term of imprisonment imposed by the court.

B. The earned release credit is:

1. One day for every six days served.

1.

2.
Three

days for every seven

days served if the
prisoner:

(a) Was sentenced to
a term of imprisonment for the possession or use of marijuana pursuant to
section 13-3405, subsection A, paragraph 1, the possession or use of a
dangerous drug pursuant to section 13-3407, subsection A, paragraph 1,
the possession or use of a narcotic drug pursuant to section 13-3408,
subsection A, paragraph 1 or the possession of drug paraphernalia pursuant to
section 13-3415.

(b) Has successfully completed a drug treatment
program or other major self-improvement program provided by the department
during the prisoner's term of imprisonment.

(c) has not previously been convicted of a violent
or aggravated felony as defined in section 13-706
.

2.

3.
One
day for every six days served if the prisoner was sentenced to a term of
imprisonment for an offense not listed in paragraph
1
2
of this subsection.

C. Notwithstanding subsection b of
this section, a previous conviction for a violent or aggravated felony as
defined in section 13-706 applies only to a prisoner who committed the
offense when the prisoner was at least eighteen years of age.

C.

D.
Release
credits earned by a prisoner pursuant to subsections A and B of this section
shall not reduce the
term of imprisonment

sentence
imposed by the court on the prisoner.

D.

E.
On
reclassification of a prisoner resulting from the prisoner's failure to adhere
to the rules of the department or failure to demonstrate a continual
willingness to volunteer for or successfully participate in a work,
educational, treatment or training program, the director may declare all
or a portion of the
release credits earned by the prisoner
forfeited.� In the discretion of the director, forfeited release credits may
subsequently be restored. The director shall maintain an account of
release credits earned by each prisoner.

F. A prisoner whose release credits
are forfeited may apply for restoration of the release credits if the prisoner
has at least three months and not more than five years of incarceration
remaining. A Prisoner may apply for restoration of the release
credits six months after the date that the prisoner was found guilty of a
disciplinary violation or the date that the director declared all or a portion
of the prisoner's earned release credits forfeited, whichever is earlier.� a
Prisoner who is serving a consecutive sentence for multiple convictions
stemming from the same criminal case may apply for restoration of the release
credits earned for the first sentence to be applied to the prisoner's current
sentence six months after the date that the prisoner was found guilty of a
disciplinary violation or the date that the director declared all or a portion
of the prisoner's earned release credits forfeited, whichever is earlier.

E.

G.
A prisoner who has reached the prisoner's earned
release date or sentence expiration date shall be released to begin the
prisoner's term of community supervision imposed by the court or term of
probation if the court waived community supervision pursuant to section 13-603,
except that the director may deny or delay the prisoner's release to community
supervision or probation if the director believes the prisoner may be a
sexually violent person as defined in section 36-3701 until the screening
process is complete and the director determines that the prisoner will not be
referred to the county attorney pursuant to section 36-3702. If
the term of community supervision is waived, the state department of
corrections shall provide reasonable notice to the probation department of the
scheduled release of the prisoner from confinement by the department. If the
court waives community supervision, the director shall issue the prisoner an
absolute discharge on the prisoner's earned release credit date. A
prisoner who is released on the earned release credit date to serve a term of
probation is not under the control of the state department of corrections when
community supervision has been waived and the state department of corrections
is not required to provide parole services.

F. Notwithstanding subsection E
of this section, a prisoner who fails to achieve functional literacy at an
eighth grade literacy level shall not be released to begin the prisoner's term
of community supervision until either the prisoner achieves an eighth grade
functional literacy level as measured by standardized assessment testing, the
prisoner is released to enter the transition program established by section 31-281
and is enrolled in a program that prepares the prisoner to achieve functional
literacy or the prisoner serves the full term of imprisonment imposed by the
court, whichever first occurs. This subsection does not apply to
inmates who either:

1. Are unable to meet the functional
literacy standard required by section 31-229.02, subsection A due to a
medical, developmental or learning disability as described in section 31-229,
subsection C.

2. Are classified as level five
offenders.

3. Are foreign nationals.

4. Have less than six months of
incarceration to serve on commitment to the department.

5. Are released pursuant to subsection
B, paragraph 1 of this section.

G.

H.
The
department shall establish conditions of community supervision it deems
appropriate in order to ensure that the best interests of the prisoner and the
citizens of this state are served.� As a condition of community supervision,
the director:

1. May order a released prisoner 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 treatment or education to persons who abuse
controlled substances.
The director may order

each person who is enrolled in a drug treatment or education program
shall
to
pay for the cost of participation
in the program to the extent of the person's financial ability.�

2. May order additional conditions, including
participation in a rehabilitation program or counseling
,

and
performance of community restitution work

and, if the prisoner has not demonstrated functional literacy at an eighth
grade level, participation in a literacy program
.

3. Unless the prisoner is released
pursuant to subsection B, paragraph 1 of this section, May order a prisoner to
apply for health care benefits through the Arizona health care cost containment
system before being released.� The state department of corrections shall enter
into an enrollment suspense agreement with the Arizona health care cost
containment system to reinstate benefits for prisoners who were sentenced to
twelve months or less and who were previously enrolled in the Arizona health
care cost containment system immediately before incarceration. For
all other prisoners, the state department of corrections shall submit a
prerelease application to the Arizona health care cost containment system at
least thirty days before the prisoner's release date. The state
department of corrections may coordinate with community-based
organizations or the department of economic security to assist prisoners in
applying for enrollment in the Arizona health care cost containment system.

4. Shall impose, if the prisoner was
convicted of a violation of sexual conduct with a minor under fifteen years of
age or molestation of a child under fifteen years of age, a prohibition on
residing within four hundred forty feet of a school or its accompanying
grounds. For the purposes of this paragraph, "school"
means any public, charter or private school where children attend classes.

H. The director may exchange a
prisoner's health care information with the regional behavioral health
authority or Arizona health care cost containment system justice system contact
to facilitate the transition to care for released prisoners to access the full
array of behavioral and physical health care services, including medication,
counseling, case management, substance abuse treatment, and parenting
skills and family reunification training. The director shall adopt
policies and procedures that establish a care team to convene and discuss the
services and resources, including housing and employment supports, that may be
needed for the released prisoner to safely transition into the
community. The care team shall be managed by the regional behavioral
health authority or Arizona health care cost containment system contractor and
may include the health care provider that is identified by and has a contract
with the regional behavioral health authority or Arizona health care cost
containment system contractor. The care team may also include
representatives of nonprofit organizations that specialize in assisting
prisoners who are transitioning back into the community and other organizations
that link prisoners to additional services, including housing and employment.

I. If a prisoner who reaches the prisoner's earned
release credit date refuses to sign and agree to abide by the conditions of
supervision before release on community supervision, the prisoner shall not be
released. When the prisoner reaches the sentence expiration date,
the prisoner shall be released to begin the term of community
supervision. If the prisoner refuses to sign and agree to abide by
the conditions of release, the prisoner shall not be released on the sentence
expiration date and shall serve the term of community supervision in prison.�
The department is required to supervise any prisoner on community supervision
until the period of community supervision expires. The department
may bring a prisoner who is in violation of the prisoner's terms and conditions
before the board of executive clemency.

J. The director, pursuant to rules adopted by the
department, shall authorize the release of any prisoner on the prisoner's
earned release credit date to serve any consecutive term imposed on the
prisoner. The release shall be for the sentence completed
only. The prisoner shall remain under the custody and control of the
department.� The director may authorize the rescission of the release to any
consecutive term if the prisoner fails to adhere to the rules of the department.

K. If a prisoner absconds from community
supervision, any time spent before the prisoner is returned to custody is
excluded in calculating the remaining period of community supervision.

L. A prisoner shall forfeit five days of the
prisoner's earned release credits:

1. If the court finds or a disciplinary hearing held
after a review by and recommendations from the attorney general's office
determines that the prisoner does any of the following:

(a) Brings a claim
knowing it is
without
substantial justification.

(b) Unreasonably expands or delays a proceeding.

(c) Testifies falsely or otherwise presents false
information or material to the court.

(d) Submits a claim that is intended solely to
harass the party it is filed against.

2. For each time the prisoner tests positive for any
prohibited drugs during the period of time the prisoner is incarcerated.

M. If the prisoner does not have five
days of earned release credits, the prisoner shall forfeit the prisoner's existing
earned release credits and shall be ineligible from accruing earned release
credits until the number of earned release credits the prisoner would have
otherwise accrued equals the difference between five days and the number of
existing earned release credit days the prisoner forfeits pursuant to this
section.

N.

M.
The
director may authorize temporary release on inmate status of eligible inmates
Pursuant to rules adopted by the director

within ninety
days of any other authorized release date.� The release authorization applies
to any inmate who has been convicted of a drug offense, who has been determined
to be eligible for participation in the transition program pursuant to section
31-281 and who has agreed to participate in the transition program.

O.

N.
On
admission, the department shall provide notice to any prisoner who is
potentially eligible for earned release credit pursuant to subsection B
, paragraph 1
of this section. The notice must
include all of the eligibility requirements under this section.

P.

O.
The
department shall do all of the following:

1. Annually report The recidivism rate of prisoners
who are
released pursuant to subsection B, paragraph 1 of this
section for a minimum of three years after release.

2. Report the following information at the end of
each fiscal quarter:

(a) The number of prisoners
By
institution
who received earned release credits
pursuant
to subsection B of this section
for each month of the reporting period
and the percentage of the total prison population that received earned release
credits.

(b) The number of prisoners who were eligible for
earned release credit pursuant to subsection B
, paragraph 1

of this section and for each of these prisoners, the following information:

(i) The most serious crime for which
each prisoner is receiving earned release
credit
credits
.

(ii) The mean and median length of the
prison sentences.

(iii) Whether the prisoner received earned release
credits each month of the reporting period.

(c) The number of prisoners who participated in a
program

that is described in subsection B
,
paragraph 1, subdivision (b)
of this section in each month of the
reporting period, including the percentage of the total prison population that
has participated in those programs.

(d) The number of prisoners who are eligible for
release into the transition program established pursuant to section 31-281
in each month of the reporting period and the percentage of the total prison
population that is eligible for release into the transition program.� For
eligible prisoners, the report shall include the following information:

(i) The most serious crime for which
each prisoner is serving a sentence.

(ii) The mean and median length of the prison
sentences.

(iii) The mean and median length of time served by
the prisoners.

(e) The number of
prisoners who are enrolled in the transition program in each month of the
reporting period, including the percentage of the total prison population that
is enrolled in the transition program.
For enrolled prisoners,
the report shall include the following information:

(i) The most serious crime
for which each prisoner is serving a sentence.

(ii) The mean and median length of the
prison sentences.

(iii) The mean and median length of
time served by the prisoners.

(f) The number of prisoners who are
released into the transition program in each month of the reporting period,
including the percentage of the total prison population that is released into
the transition program.� For released prisoners, the report shall include the
following information:

(i) The most serious crime for which
each prisoner is serving a sentence.

(ii) The mean and median length of the
prison sentences.

(iii) The mean and median length of
time that the prisoners served.

(g) The six-month success,
return to custody and new conviction rates for prisoners who are released to a
transition program.

(h) The one-year success, return
to custody and new conviction rates for prisoners who are released to a
transition program.

(i) The two-year success, return
to custody and new conviction rates for prisoners who are released to a
transition program.

(j) The three-year success,
return to custody and new conviction rates for prisoners who are released to a
transition program.

(k) The number of prisoners who
received treatment for substance abuse during the first half of the prisoner's
total sentence and the percentage of the total prison population that received
treatment for substance abuse during the first half of the prisoners' total
sentence. For prisoners who received treatment for substance abuse
according to this subdivision, report shall include the following information:

(i) The most serious crime committed
by each prisoner.

(ii) The mean and median length of the
prison sentences.

(iii) Whether the prisoners received
treatment for substance abuse each month of the reporting period.

END_STATUTE

Sec. 5.
Applicability

A. This
act applies to prisoners who are serving a term of imprisonment in the state
department of corrections for an offense that is included in title 13, chapter
34, Arizona Revised Statutes, on or after the effective date of this act.

B. Section 41-1604.07,
subsection B, paragraph 3, Arizona Revised Statutes, as amended by this act,
applies only to a person who is convicted on or after the effective date of
this act for an offense that is not included in title 13, chapter 34, Arizona
Revised Statutes.

C. On the effective date of
this act, a prisoner who is serving a term of imprisonment for an offense
included in title 13, chapter 34, Arizona Revised Statutes, and who met the
eligibility requirements of section 41-1604.07, subsection B, Arizona
Revised Statutes, as amended by this act, before the effective date of this act
shall begin earning earned release credits.

Sec. 6.
Effective date

This act is effective from and after
December 31, 2026.