ADOC; director; educational programs

SB1767 - 572R - I Ver

REFERENCE TITLE:
ADOC; director; educational programs

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1767

Introduced by

Senator
Gonzales

AN
ACT

amending sections 31-240 and 41-1604,
Arizona Revised Statutes; amending title 41, chapter 11, article 1, Arizona
Revised Statutes, by adding section 41-1604.21; relating to the state
department of corrections.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 31-240, Arizona Revised
Statutes, is amended to read:

START_STATUTE
31-240.

Prisoner education services budget; prohibited uses

A. The director shall establish and maintain a
dedicated prisoner education services budget for each state prison to identify
the monies appropriated to the department and expended for the following
education programs:

1. The functional literacy program established
pursuant to section 31-229.

2. Adult basic education.

3. General equivalency diploma preparation.

4. Vocational and technical education.

5. Postsecondary education for employment in any of
the following industries:

(a) Information technology.

(b) Transportation and warehousing.

(c) Construction.

(d) Health care and social assistance.

(e) Manufacturing.

(f) Finance and insurance.

(g) Retail trade.

B. The director shall
determine
the amount of the education services budget monies that are allocated for
education programs
dedicated to prisoners incarcerated in a special
management unit.

C. The director shall not spend the
education services budget monies for education programs dedicated to prisoners
who are sentenced to death or life imprisonment or who are classified as
maximum custody.

D. Subsection C of this section does
not apply to prisoners who are under eighteen years of age and prisoners with
disabilities who are under twenty-two years of age.

END_STATUTE

Sec. 2. Section 41-1604, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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, 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 that shall be recommended to the governor and the legislature for
the purpose of improving the various adult correctional programs of this state.

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

7. Subject to chapter 4, article 4 of this title,
employ deputy directors and other key personnel based on qualifications
prescribed by the director 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.

10. Cooperate with the Arizona-Mexico
commission in the governor's office and with researchers at universities in
this state to collect data and conduct projects in the United States and Mexico
on issues that are within the scope of the department's duties and that relate
to quality of life, trade and economic development in this state in a manner
that will help the Arizona-Mexico commission to assess and enhance the
economic competitiveness of this state and of the Arizona-Mexico region.

11. Notwithstanding any other law,
provide educational or vocational programs to all inmates.

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 the following:

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

(b) Subject to chapter 4, article 4 of this title,
transfer employees between the various divisions and units of the department.

(c) Shift duties between divisions or units.

(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 this state.

(g) Accept unconvicted persons pursuant to a court
order for the purposes of examination and treatment regarding 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 the purposes of conducting a mental health
examination or a diagnostic evaluation.

(i) Subject to chapter 4, article 4 and, as
applicable, article 5 of this title, appoint certain employees of the
department to peace officer status for the purposes of guarding, transporting
or pursuing persons who are under the jurisdiction of the department and
appoint certain employees of the department to peace officer status for the
purposes of 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 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.

3. Establish by rule a onetime fee for conducting
background checks on any person who enters a department facility to visit a
prisoner. A fee shall not be charged for a person who is under
eighteen years of age. The director may adopt rules that waive all
or part of the fee.� The director shall deposit, pursuant to sections 35-146
and 35-147, any monies collected pursuant to this paragraph in the
department of corrections building renewal fund established by section 41-797.

END_STATUTE

Sec. 3. Title
41, chapter 11, article 1, Arizona Revised Statutes, is amended by adding
section 41-1604.21, to read:

START_STATUTE
41-1604.21.

Director; prohibition; educational or vocational programs

The director may not adopt any policy or rule
that excludes a person who is sentenced to natural life or life without the
possibility of parole from any educational or vocational program.
END_STATUTE