Official Summary Text
SB1295 - 572R - Senate Fact Sheet
Assigned to
JUDE���������������������������������������������������������������������������������������������� AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
S.B. 1295
inmates;
medical institution; release
Purpose
Allows the Director of the Arizona Department of Corrections,
Rehabilitation and Reentry (ADCRR) to release an inmate from custody for
placement in a contracted medical institution if written confirmation is
received from the Arizona Health Care Cost Containment System (AHCCCS)
administration that the inmate qualifies for enrollment in the Arizona
Long-Term Care System (ALTCS).
Background
The Director
of ADCRR (Director) must provide
medical
and health services for prisoners who are sentenced to ADCRR and may contract
for professional services to assist in carrying out this responsibility. The
Director may also provide for the psychiatric care of prisoners who display
symptoms of mental disorder to such a degree that transfer to the Arizona State
Hospital, a licensed behavioral health facility or a mental health inpatient
treatment facility is warranted. Prisoners transferred to outside facilities
remain in the legal custody of ADCRR (A.R.S. ��
31-201.01
and
31-226
).
AHCCCS administers Arizona's Medicaid program, including ALTCS, which
provides long-term care services to eligible persons through contracted
providers. An eligible person for ALTCS must meet categorical, medical, and
financial eligibility requirements, including being 65 years of age or older,
blind or disabled, meeting income and resource limits, being a U.S. citizen or
qualified noncitizen and being a resident of Arizona. ALTCS provides coverage
for
long-term care services, which include institutional services in a nursing care
institution or other licensed health care institutions, as well as home and
community-based services delivered through contracted providers. AHCCCS
contracts with managed care organizations or program contractors to provide
covered services to enrolled members and oversees eligibility determinations,
service authorization and payment for long-term care services (A.R.S. ��
36-2901
;
36-2931
;
36-2932
;
and
36-2934
).
There is no anticipated fiscal impact to the state
General Fund associated with this legislation.
Provisions
1.
Allows
the Director, notwithstanding any
other law, to release an inmate from custody for placement in a contracted
medical institution if written confirmation is received from AHCCCS
administration that the inmate qualifies for enrollment in ALTCS.
2.
Requires
the medical institution contracted to care for a released inmate to allow
freedom of movement and association within the institution and use of internal
community resources.
3.
Prohibits
limitations on an inmate based solely on inmate status unless increased
supervision is required due to medical condition or age.
4.
Allows
the Director and designees employed by ADCCR to facilitate inmate release and
requires release decisions to be based on an AHCCCS assessment of financial and
medical eligibility for ALTCS.
5.
Requires
the Director or designee to establish a process allowing an inmate or
interested party to request a preliminary baseline eligibility determination
for release to a medical institution.
6.
Stipulates
that the baseline eligibility determination is separate from the ALTCS
eligibility determination.
7.
Requires
notification of whether the inmate meets preliminary baseline eligibility
requirements for ALTCS to be issued within 30 days of receipt of the request.
8.
Stipulates
that meeting preliminary baseline eligibility requirements is not an assurance
that the inmate will qualify for ALTCS.
9.
Requires
an inmate to coordinate with AHCCCS for full eligibility evaluation after a
preliminary baseline eligibility determination.
10.
Prohibits an inmate from
receiving covered ALTCS services until released to a medical institution.
11.
Requires the Director to
inform the inmate of eligibility for release within 15 days after receiving
written confirmation of ALTCS eligibility from AHCCCS.
12.
Requires the Director to notify the victim, on request, if
an inmate is determined eligible for medical release and requires the notice to
include the date of release and the address of the medical institution of the
inmate.
13.
Requires an inmate to be
returned to Department custody if the inmate no longer meets ALTCS eligibility
requirements.
14.
Determines
baseline
eligibility
on if the inmate meets the following requirements:
a)
is at least 65 years of age, blind or has a debilitating illness;
b)
is a United States citizen or a qualified immigrant;
c)
has a social security number or is eligible to apply for a social
security number; and
d)
is a resident of this state.
15.
Defines
debilitating
illness
as any of the following for which an inmate has been diagnosed by a
treating provider or physician:
a)
a terminal illness that will reduce the individual's life expectancy;
b)
a serious illness that results in the inability to independently perform
one or more activities of daily living;
c)
a life threatening illness that can be more appropriately treated
outside the correctional facility and for which the more appropriate treatment
may prevent premature death; or
d)
a serious functional or cognitive impairment or deteriorating physical
or mental health due to the aging process that results in the inability to
independently perform one or more activities of daily living.
16.
Defines
eligible person
and
medical institution.
17.
Becomes
effective on the general effective date.
Amendments Adopted by
Committee
�
Removes the definition of
disability
and replaces it with
a definition for
debilitating
illness
.
Senate Action
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Prepared by Senate Research
February 16, 2026
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Current Bill Text
Read the full stored bill text
SB1295 - 572R - S Ver
Senate Engrossed
inmates; medical
institution; release
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1295
AN
ACT
Amending Title 31, chapter 2, article 2,
Arizona Revised Statutes, by adding section 31-243; 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 2, Arizona Revised Statutes, is amended by adding section
31-243, to read:
START_STATUTE
31-243.
Inmate medical release to medical institution; eligibility;
definitions
A. Notwithstanding any other law, the
director may release an inmate from custody for placement in a medical
institution that is UNDER contract with this state to exclusively provide
medical care to an inmate who is released by the department if the inmate and
the director receive written confirmation from the arizona health care cost
containment system administration that the inmate qualifies as an eligible
person for enrollment in the arizona long-term care system pursuant to title
36, chapter 29, article 2.
B. The medical institution that is
contracted to care for inmates pursuant to this section shall allow inmates
within the medical institution's care to have freedom of movement and
association within the medical institution and to use the medical institution's
internal community resources. The medical institution may not place
movement or association limits on an inmate within the medical institution
based on the inmate's status as an inmate unless the medical INSTITUTION finds
that increased supervision or care is needed due to the inmate's medical
condition or age.
C. The director of the state
department of corrections may work with one or more designees who are employed
by the state department of corrections to facilitate the release of an inmate
to a medical institution. The director shall base the DECISION to
release an INMATE on an assessment of the inmate's financial and medical
eligibility for the arizona long-term care system that is made by the director
of the arizona health care cost containment system administration or the
director's designee.
D. The director of the state
department of corrections or the director's designee shall establish a process
for An inmate or an interested party to submit a request to determine the
inmate's preliminary baseline eligibility for release to a medical
institution.� The baseline eligibility determination is separate from the
eligibility determination for the arizona long-term care system and is meant to
establish only the inmate's preliminary baseline eligibility for release to a
medical institution.
E. Within thirty days after receiving
a request for release pursuant to subsection D of this section, the director or
the director's designee shall notify the inmate or interested party who makes
the request if the inmate meets the preliminary baseline eligibility
requirements for the
Arizona long-term care system
. A
determination that an inmate meets the preliminary baseline eligibility
REQUIREMENTS is not an assurance that the inmate will qualify for the Arizona
long-term care system. Once an inmate's preliminary baseline
eligibility is determined, the inmate shall coordinate with the Arizona health
care cost containment system administration for further evaluation to determine
the inmate's eligibility for the Arizona long-term care system.
F. An inmate who applies for release
to the Arizona long-term care system may not receive covered services until the
INMATE is released to a medical institution.
G. Within fifteen days after the
department receives a written determination from the Arizona health care cost
containment system administration that the inmate is eligible and qualifies for
enrollment as an eligible person for the arizona long-term care system, the
director shall inform the inmate of the inmate's eligibility for release to a
medical institution.
H. After an inmate is determined to
be eligible for medical release to a medical institution pursuant to this
section, The department, on request of the victim of the offense for which the
inmate was incarcerated, shall notify the victim.� the notice must include the
date of the inmate's release and the address of the medical institution where
the inmate will be residing.
I. If the inmate no longer meets the
eligibility requirements for enrollment in the arizona long-term care system,
the inmate shall be returned to the custody of the department.
J. For the purposes of this section:
1. "baseline ELIGIBILITY"
means a determination that the inmate meets the following requirements:
(
a
) Is at least
sixty-five years of age, blind or has a
debilitating
illness.
(
b
) Is a united
States citizen or a qualified immigrant.
(
c
) Has a
social security number or is eligible to apply for a social security number.
(
d
) Is a
resident of this state.
2. "Debilitating illness"
means any of the following for which an inmate has been diagnosed by a treating
provider or physician:
(
a
) a terminal
illness that will reduce the individual's life expectancy.
(
b
) a serious
illness that results in the inability to independently perform one or more
activities of daily living.
(
c
) a life
threatening illness that can be more appropriately treated outside the
correctional facility and for which the more appropriate treatment may prevent
premature death.
(
d
) a serious functional or cognitive impairment or
deteriorating physical or mental health due to the aging process that results
in the inability to independently perform one or more activities of daily
living.
3. "eligible
person" has the same meaning prescribed in section 36-2931.
4. "medical institution"
means an assisted living facility or health care institution as defined in
section 36-401 that has contracted with this state to provide care.
END_STATUTE