SB 1109

PREFILED��� JAN 09 2026
REFERENCE TITLE: transition program; eligibility;
  dangerous offenses
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1109
Introduced by
Senator
  Payne
AN
ACT
Amending section 31-281, Arizona Revised
Statutes; relating to the prison transition program.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 31-281, Arizona Revised
Statutes, is amended to read:
START_STATUTE31-281. 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 dangerous offense as DEFINED in section 13-105
or 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 dangerous offense as DEFINED in section 13-105,
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. For the purposes of
this section, "recidivism" means reincarceration in the department
for any reason. END_STATUTE