A.R.S. tit. 41 ch. 11 — Arizona Revised Statutes Title 41 Chapter 11 — State Department Of Corrections

41-1601. Definitions In this chapter, unless the context otherwise requires: 1. "Department" means the state department of corrections. 2. "Director" means the director of the state department of corrections. 41-1602. State department of corrections; purpose A. There shall be a state department of corrections. B. The department shall have as its purpose the objective of encompassing the various institutions, facilities and programs which are now or may become a part of the correctional program of the state, and to provide the supervisory staff and administrative functions at the state level of all matters relating to the institutionalization, rehabilitation and community supervision functions of all adult offenders. 41-1603. Director; appointment; qualifications; compensation A. The director of the department shall be appointed by the governor pursuant to section 38-211, and shall serve at the pleasure of the governor. B. The director, as minimum qualifications, shall have administrative experience in adult correctional programs and qualifications and training which enable the director to manage the affairs of a modern penal system. C. The compensation of the director shall be as determined pursuant to section 38-611. 41-1603.01. Director; reporting; website; posting; notification A. Notwithstanding any other law, the director may post on the department's website the information from all statutorily required reports, forms, plans and summaries. B. The information from all statutorily required reports, forms, plans and summaries that is posted on the department's website pursuant to subsection A of this section shall be treated as if the department submitted the report, form, plan or summary to the relevant entity. The director shall notify all of the relevant entities that the information for the reports, forms, plans and summaries has been posted on the department's website. 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. 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. 41-1604.01. Authorization for care When any person under the jurisdiction of the department of corrections other than employees is in need of medical, surgical or dental care, and a spouse, adult next of kin or legal guardian is not immediately available or has not previously given authorization for such care, the director of the department of corrections or his authorized representative, upon the recommendation of the attending physician or dentist, may authorize the performance of such necessary medical, surgical or dental service. 41-1604.02. Inmate stores; establishment; privatization; prices; goods; inmate store proceeds fund The department may establish and maintain an inmate store at any prison, institution or facility. The department shall enter into a contract or contracts with a private entity or entities to establish and maintain inmate stores. The department or Arizona correctional industries may also be considered as an entity eligible for award. Such inmate stores shall offer for sale, at prices that are fixed by the contractor with direction from the director and that are no higher than prices of similar retail products, toilet articles, candy, tobacco products, notions and other sundries to the persons confined. The department may provide the facilities necessary to operate such inmate stores. All profit derived from the state's portion of privatization of such inmate stores shall be deposited in an inmate store proceeds fund. The director shall transfer five hundred thousand dollars from the inmate store proceeds fund annually to the department of corrections building renewal fund established by section 41-797. Any remaining monies in the fund may be used at the director's discretion for inmate activities, incentive pay increases for corrections officers, equipment to enhance safety for both department personnel and inmates or other official needs as required. 41-1604.03. Special services fund; uses; report A. The special services fund is established in the state department of corrections. The department shall administer the fund. B. The director shall transfer five hundred thousand dollars from the special services fund annually to the department of corrections building renewal fund established by section 41-797. Any remaining monies in the special services fund may be used for the following purposes: 1. The benefit, education and welfare of committed offenders. 2. To pay the costs of implementing, operating and maintaining technologies and programs for inmate use. Revenues that are generated by the inmate use of technology, including telephone systems, kiosks and tablets, shall be deposited in the special services fund. C. On or before August 1 of each year, the department shall submit to the president of the senate and the speaker of the house of representatives a report that contains a full and complete account of special services fund transactions for the preceding fiscal year. 41-1604.04. Investment of special service fund monies; approval; deposit of proceeds The department may invest, with the approval of the director of the department of administration, any monies in the special service fund that the director determines are not necessary for immediate use. Any proceeds from such investments shall be deposited in the special services fund. 41-1604.05. Investment of offenders' funds; deposit of proceeds; commingling permitted A. The director may deposit any funds of offenders in his possession with the state treasurer or, subject to the approval of the state treasurer, deposit such funds in interest bearing bank accounts. Any proceeds from such deposits shall be deposited in the special services fund. B. Funds of individual offenders may be commingled by the department only for the purpose of deposit pursuant to this section. 41-1604.06. Earned release credit eligibility certification; classifications; appeal A. The director shall develop and maintain an earned release credit eligibility classification system. Within such system, the director shall establish one class of earned release credit eligibility to be given effect as provided for in this section and as many other classes of noneligibility as he deems necessary or desirable. Each person committed to the state department of corrections shall be classified pursuant to the earned release credit eligibility system established by the director. B. The director shall establish rules pursuant to chapter 6 of this title for the classification and certification of prisoners for purposes of earned release credit. An inmate who is placed in a parole eligible classification is also eligible for certification for absolute discharge from imprisonment. Upon commitment to the state department of corrections each person shall be initially placed in the earned release credit noneligible class. Reclassification and certification shall be based on factors related to a prisoner's record while in the custody of the department, including work performance, compliance with all rules of the department, progress in any appropriate education, training or treatment programs and the performance of any assignments of confidence or trust. The director shall also establish rules governing the procedures and performance standards by which prisoners, classified to noneligibility classifications, may earn eligibility classification. Prisoners may be reclassified only pursuant to the rules of the department. The director shall distribute a copy of all such rules to each person committed to the department. C. Every prisoner shall be entitled to a hearing prior to reclassification of such prisoner to a noneligible earned release credit class. The hearing shall be before a person or persons designated by the director to hold such hearings. Reasonable notice and a written statement of the alleged violation of the rules shall be distributed to the prisoner at least five days prior to the hearing. A prisoner may request a review of a decision to reclassify the prisoner by delivering a written request to the director. 41-1604.07. Earned 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. 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. 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 of this subsection. C. Release credits earned by a prisoner pursuant to subsections A and B of this section shall not reduce the term of imprisonment imposed by the court on the prisoner. D. 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 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. E. 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. 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. Each person who is enrolled in a drug treatment or education program shall 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. 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 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. 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. 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. The department shall do all of the following: 1. Annually report the recidivism rate of prisoners 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 who received earned release credits 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. (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. 41-1604.08. Global position system monitoring: daily fee; deposit A. The department shall assign any person who is in the custody of the department and who was convicted of a violation of section 13-705 to a global position monitoring system on the person's release on parole, community supervision, work release or other conditional or temporary release. B. The department may enter into a contract for the provision of global position monitoring services. C. The department may charge a person who is assigned to a global position monitoring system a daily fee not to exceed the department's expenses for the system. D. Monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the community corrections enhancement fund established by section 31-418. 41-1604.09. Parole eligibility certification; classifications; appeal; recertification; applicability; definition A. The director shall develop and maintain a parole eligibility classification system. Within the system, the director shall establish two classes of parole eligibility, class one and class two, to be given effect as provided for in this section, one class of parole noneligibility for dangerous psychiatric offenders and as many other classes of noneligibility as the director deems necessary or desirable. Each person committed to the state department of corrections shall be classified pursuant to the parole eligibility system established by the director. B. The director shall establish rules pursuant to chapter 6 of this title for the classification and certification of prisoners for purposes of parole. Reclassification and certification shall be based on factors related to a prisoner's record while in the custody of the department, including work performance, compliance with all rules of the department, progress in any appropriate training or treatment programs and the performance of any assignments of confidence or trust. The director shall also establish rules governing the procedures and performance standards by which prisoners, reclassified to noneligibility classifications, may earn eligibility classification. Prisoners may be reclassified only pursuant to the rules of the department. The director shall distribute a copy of all the rules to each person committed to the department. C. The director shall maintain two classes for parole eligibility, class one and class two. Inclusion of an inmate in class one shall be determined by adherence to the rules of the department and continual willingness to volunteer for or successful participation in a work, educational, treatment or training program established by the department, except that a person sentenced pursuant to a statute that requires that a person serve a mandatory minimum term shall not be placed in class one until one-quarter of the mandatory minimum portion of the term is served and shall not be released until the mandatory minimum portion of the term is served. Inclusion of an inmate in class two shall be determined by adherence to the rules of the department. D. The director shall certify as eligible for parole any prisoner classified within an eligible classification five months immediately before the prisoner's earliest parole eligibility. The inmate shall be required to remain in a parole eligible classification from the date of certification until the date of release on parole. If the inmate does not remain in a parole eligible classification until the date of release on parole, the entire parole process shall be rescinded. For the purposes of this subsection, the prisoner's earliest parole eligibility occurs when the prisoner has served one-half of the sentence imposed unless the prisoner is sentenced according to any provisions of law that prohibit the release on any basis until serving not less than two-thirds of the sentence imposed by the court, the sentence imposed by the court or any other mandatory minimum term, in which case the prisoner must have served the sentence required by law. E. Every prisoner shall be entitled to a hearing before reclassification of the prisoner to a lower class. The hearing shall be before a person or persons designated by the director to hold the hearings. Reasonable notice and a written statement of the alleged violation of the rules shall be distributed to the prisoner at least five days before the hearing. A prisoner may request a review of a decision to reclassify the prisoner by delivering a written request to the director. F. Notwithstanding subsection D of this section, placement of a prisoner in a noneligible parole class except placement in the noneligible parole class for dangerous psychiatric offenders shall result in an increase in the period of time the prisoner must serve before reaching the prisoner's earliest parole eligibility date. The increase shall equal the number of days occurring after placement in a noneligible parole class and before the prisoner is reclassified to a parole eligible class. G. The classification of each prisoner shall be reviewed by the director not less than once every six months. Any prisoner who was certified as eligible for parole and denied parole and remains eligible for parole pursuant to subsection D of this section shall be recertified by the director not less than one nor more than four months after the hearing at which the prisoner was denied parole, except that the board of executive clemency in denying parole may prescribe that the prisoner shall not be recertified for a period of up to one year after the hearing. The board of executive clemency may adopt rules for the recertification process and may apply specific rules for the recertification process that applies to a prisoner who is serving a sentence for any of the following: 1. Death in violation of section 13-1104 or 13-1105. 2. Serious physical injury if the person was sentenced pursuant to section 13-704. 3. A dangerous crime against children as defined in section 13-705. 4. A felony offense in violation of title 13, chapter 14 or 35.1. H. Immediately after the adoption of the rules required pursuant to this section, the director shall forward a certified copy of the rules to the legislature. The legislature may review and, by concurrent resolution, approve, disapprove or modify the rules, except that they shall be given full force and effect pending legislative review. If no concurrent resolution is passed by the legislature with respect to the rules within one year following receipt of a certified copy of the rules, they shall be deemed to have been approved by the legislature. If the legislature disapproves the rules or a section of them, the director shall immediately discontinue the use of any procedure, action or proceeding authorized or required by the rules or section of the rules. I. This section applies to either of the following: 1. A person who commits a felony offense before January 1, 1994. 2. A person who is sentenced to life imprisonment and who is eligible for parole pursuant to section 13-716 or 13-718. J. Pursuant to rules adopted by the director, on commitment to the department, each prisoner shall be placed in parole class one beginning on the prisoner's sentence begin date. K. For the purposes of this section, "dangerous psychiatric offender" means an inmate who has been placed in a psychiatric unit for psychiatric evaluation and treatment and who has been determined to present a high risk of potential violence. 41-1604.10. Earned release credits; forfeiture; restoration; applicability A. Each prisoner classified as parole eligible, class one, pursuant to section 41-1604.09, shall be allowed the following release credits: 1. If sentenced on a first conviction other than pursuant to section 13-751 or other than for a felony involving a dangerous offense as defined in section 13-105, every two days served within class one shall be counted as an earned release credit of one day. 2. If sentenced pursuant to section 13-703, subsection B or on first conviction of a class 4, 5 or 6 felony involving a dangerous offense as defined in section 13-105 or any other provisions of law that prohibits release on any basis until serving not less than one-half the sentence imposed by the court, every two days served within class one shall be counted as an earned release credit of one day. 3. If sentenced pursuant to any other provision of section 13-703, section 13-704, subsection A, B, C, D or E, section 13-706, subsection A or section 13-708, subsection D or any other provision of law that prohibits release on any basis until serving not less than two-thirds the sentence imposed by the court, every three days served within class one shall be counted as an earned release credit of one day. B. Release credits earned by a prisoner pursuant to subsection A of this section shall not reduce the term of imprisonment imposed by the court on such prisoner, nor reduce the sentence imposed on the prisoner for the purpose of determining such prisoner's parole eligibility. C. 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 any and all release credits earned by the prisoner forfeited. In the discretion of the director the release credits may subsequently be restored. The director shall maintain an account of release credits earned by each prisoner. D. The director, according to rules adopted by the department, may authorize the release of any prisoner who has earned release credits that, when added to the time served by the prisoner, equal the sentence imposed by the court which shall be the prisoner's earned release credit date. A prisoner on earned release credit release is not under the control of the department and the department is not required to provide parole services or otherwise supervise any prisoner released, except that the department may revoke the release of the prisoner until the final expiration of the prisoner's sentence if the department has reason to believe that the released prisoner has engaged in criminal conduct during the term of release. If a prisoner has a term of probation to be completed or served, the probation department shall begin supervision of the prisoner when the prisoner is released on the earned release credit date. If the prisoner's term of probation equals or exceeds the prisoner's final expiration date, the director of the state department of corrections shall issue the prisoner an absolute discharge on the prisoner's earned release credit date. The prisoner is not under the control of the department and the department is not required to provide parole services or otherwise supervise the prisoner. If the prisoner's term of probation is less than the prisoner's final expiration date, the prisoner is not under the control of the department and the department is not required to provide parole services or otherwise supervise the prisoner, except that the department may revoke the release at any time between the earned release credit date and the final expiration date if the department has reason to believe that the released prisoner has engaged in criminal conduct during the term of release. The director may issue the prisoner an absolute discharge from the sentence of imprisonment if it appears that the prisoner will live and remain at liberty without violating the law and it is in the best interest of the state. The state department of corrections shall provide reasonable notice to the probation department of the scheduled release of the prisoner from confinement by the state department of corrections. E. A prisoner shall forfeit five days of the prisoner's earned release credits 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: 1. Brings a claim without substantial justification. 2. Unreasonably expands or delays a proceeding. 3. Testifies falsely or otherwise presents false information or material to the court. 4. Submits a claim that is intended solely to harass the party it is filed against. F. If the prisoner does not have five days of earned release credits, the prisoner shall forfeit the prisoner's existing earned release credits and 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. G. This section applies only to persons who commit felonies before January 1, 1994. 41-1604.11. Order for removal; purposes; duration; work furlough; notice; failure to return; classification; applicability; definition A. The director of the state department of corrections may authorize the temporary removal under custody from prison or any other institution for the detention of adults under the jurisdiction of the state department of corrections of any inmate for the purpose of employing that inmate in any work directly connected with the administration, management or maintenance of the prison or institution in which the inmate is confined, for purposes of cooperating voluntarily in medical research that cannot be performed at the prison or institution, or for participating in community action activities directed toward delinquency prevention and community betterment programs. The removal shall not be for a period longer than one day. B. Under specific rules established by the director for the selection of inmates, the director may also authorize furlough, temporary removal or temporary release of any inmate for compassionate leave, for the purpose of furnishing to the inmate medical treatment not available at the prison or institution, for purposes preparatory to a return to the community within ninety days of the inmate's release date or for disaster aid, including local mutual aid and state emergencies. When an inmate is temporarily removed or temporarily released for a purpose preparatory to return to the community or for compassionate leave, the director may require the inmate to reimburse the state, in whole or part, for expenses incurred by the state in connection with the temporary removal or release. C. The board of executive clemency, under specific rules established for the selection of inmates, if it appears to the board, in its sole discretion, that there is a substantial probability that the inmate will remain at liberty without violating the law and that the release is in the best interests of the state, may authorize the release of an inmate on work furlough if the inmate has served not less than six months of the sentence imposed by the court, is within twelve months of the inmate's parole eligibility date and has not been convicted of a sexual offense. The director shall provide information as the board requests concerning any inmate eligible for release on work furlough. The inmate shall not be released on work furlough unless the release is approved by the board. D. An inmate who is otherwise eligible for work furlough pursuant to subsection C of this section, who is not on home arrest and who is currently serving a sentence for a conviction of a serious offense or conspiracy to commit or attempt to commit a serious offense shall not be granted work furlough except by one of the following votes: 1. A majority affirmative vote if four or more members of the board of executive clemency consider the action. 2. A unanimous affirmative vote if three members of the board of executive clemency consider the action. 3. A unanimous affirmative vote if two members of the board of executive clemency consider the action pursuant to section 31-401, subsection I and the chairman of the board concurs after reviewing the information considered by the two members. E. Before holding a hearing on the work furlough under consideration, the board, on request, shall notify and afford an opportunity to be heard to the presiding judge of the superior court in the county in which the inmate requesting a work furlough was sentenced, the prosecuting attorney, the director of the arresting law enforcement agency and the victim of the offense for which the inmate is incarcerated. The notice shall state the name of the inmate requesting the work furlough, the offense for which the inmate was sentenced, the length of the sentence and the date of admission to the custody of the state department of corrections. The notice to the victim shall also inform the victim of the victim's right to be present and submit a written report to the board expressing the victim's opinion concerning the inmate's release. A hearing concerning work furlough shall not be held until fifteen days after the date of giving the notice. On mailing the notice, the board shall file a hard copy of the notice as evidence that notification was sent. F. The board shall require that every inmate released on work furlough comply with the terms and conditions of release as the board may impose, including that the inmate be gainfully employed while on work furlough and that the inmate make restitution to the victim of the offense for which the inmate was incarcerated. G. If the board finds that an inmate has failed to comply with the terms and conditions of release or that the best interests of this state would be served by revocation of an inmate's work furlough, the board may issue a warrant for retaking the inmate before the expiration of the inmate's maximum sentence. After return of the inmate, the board may revoke the inmate's work furlough after the inmate has been given an opportunity to be heard. H. If the board denies the release of an inmate on work furlough or home arrest, the board may prescribe that the inmate not be recommended again for release on work furlough or home arrest for a period of up to one year. I. The director shall transmit a monthly report containing the name, date of birth, offense for which the inmate was sentenced, length of the sentence and date of admission to the state department of corrections of each inmate on work furlough or home arrest to the chairperson of the house of representatives judiciary committee or its successor committee and the chairperson of the senate judiciary committee or its successor committee. The director shall also submit a report containing this information for any inmate released on work furlough or home arrest within a jurisdiction to the county attorney, sheriff and chief of police for the jurisdiction in which the inmate is released on work furlough or home arrest. J. Any inmate who knowingly fails to return from furlough, home arrest, work furlough or temporary removal or temporary release granted under this section is guilty of a class 5 felony. K. At any given time if the director declares there is a shortage of beds available for inmates within the state department of corrections, the parole eligibility as set forth in sections 31-411 and 41-1604.09 may be suspended for any inmate who has served not less than six months of the sentence imposed by the court, who has not been previously convicted of a felony and who has been sentenced for a class 4, 5 or 6 felony, not involving a sexual offense, the use or exhibition of a deadly weapon or dangerous instrument or the infliction of serious physical injury pursuant to section 13-704, and the inmate shall be continuously eligible for parole, home arrest or work furlough. L. Prisoners who have served at least one calendar year and who are serving a sentence for conviction of a crime committed on or after October 1, 1978, under section 13-604, 13-1406, 13-1410, 13-3406, 36-1002.01, 36-1002.02 or 36-1002.03, and who are sentenced to the custody of the state department of corrections, may be temporarily released, according to the rules of the department, at the discretion of the director, one hundred eighty calendar days before expiration of the term imposed and shall remain under the control of the state department of corrections until expiration of the maximum sentence specified. If an offender released under this section or pursuant to section 31-411, subsection B violates the rules, the offender may be returned to custody and shall be classified to a parole class as provided by the rules of the department. M. This section applies only to persons who commit felony offenses before January 1, 1994. N. For the purposes of this section, "serious offense" means any of the following: 1. A serious offense as defined in section 13-706, subsection F, paragraph 1, subdivision (a), (b), (c), (d), (e), (g), (h), (i), (j) or (k). 2. A dangerous crime against children as defined in section 13-705. The citation of section 13-705 is not a necessary element for a serious offense designation. 3. A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13-705, subsection T, paragraph 1 or section 13-706, subsection F, paragraph 1. 41-1604.12. Community correctional centers; powers and duties; allocation of compensation; absence without leave; classification; notice; applicability A. The director may: 1. Establish and operate facilities to be known as community correctional centers. 2. Transfer inmates whose terms of imprisonment have been fixed from the state prisons and facilities of the department to community correctional centers and place parolees in the centers. B. The director shall make rules for the government of the community correctional centers in the management of their affairs. Sections 31-254 and 41-1624.01 do not apply to compensation received by inmates or parolees assigned to community correctional centers. The department is authorized to charge and collect one-third of any compensation received by an inmate or parolee living at the center for room and board. The department is further authorized to collect and forward to the court or other person authorized to receive court-ordered restitution an amount not to exceed one-third of the compensation received by an inmate or parolee assigned to the center. Other than for room and board or court-ordered restitution, compensation of the inmate or parolee received by the department while the inmate or parolee is assigned to the center shall be credited to the inmate's or parolee's account. C. The purpose of community correctional centers is to provide housing, supervision, counseling and other correctional programs for persons committed to the department. D. Absence without leave from a community correctional center or intentional failure of an inmate to return from a furlough, work furlough or temporary leave granted under the provision of this section is a class 5 felony. E. Before incurring any obligation for the establishment or any change of use of a community correctional center, the department shall give notice pursuant to section 41-1604.19. The county, city or town and school district may contest establishment of a community correctional center by written objection filed with the department within thirty days after receiving notice, and may request a hearing to be conducted by the department pursuant to chapter 6, article 6 of this title. F. This section applies only to persons who commit felony offenses before January 1, 1994. 41-1604.13. Home arrest; eligibility; victim notification; conditions; applicability; definitions A. An inmate who has served not less than six months of the sentence imposed by the court is eligible for the home arrest program if the inmate: 1. Meets the following criteria: (a) Was convicted of committing a class 4, 5 or 6 felony not involving a dangerous offense. (b) Was not convicted of a sexual offense. (c) Has not previously been convicted of any felony. 2. Violated parole by the commission of a technical violation that was not chargeable or indictable as a criminal offense. 3. Is eligible for work furlough. 4. Is eligible for parole pursuant to section 31-412, subsection A. B. The board of executive clemency shall determine which inmates are released to the home arrest program based on the criteria in subsection A of this section and based on a determination that there is a substantial probability that the inmate will remain at liberty without violating the law and that the release is in the best interests of the state after considering the offense for which the inmate is presently incarcerated, the prior record of the inmate, the conduct of the inmate while incarcerated and any other information concerning the inmate that is in the possession of the state department of corrections, including any presentence report. The board maintains the responsibility of revocation as applicable to all parolees. C. An inmate who is otherwise eligible for home arrest, who is not on work furlough and who is currently serving a sentence for a conviction of a serious offense or conspiracy to commit or attempt to commit a serious offense shall not be granted home arrest except by one of the following votes: 1. A majority affirmative vote if four or more members of the board of executive clemency consider the action. 2. A unanimous affirmative vote if three members of the board of executive clemency consider the action. 3. A unanimous affirmative vote if two members of the board of executive clemency consider the action pursuant to section 31-401, subsection I and the chairman of the board concurs after reviewing the information considered by the two members. D. Home arrest is conditioned on the following: 1. Active electronic monitoring surveillance for a minimum term of one year or until eligible for general parole. 2. Participation in gainful employment or other beneficial activities. 3. Submission to alcohol and drug tests as mandated. 4. Payment of the electronic monitoring fee in an amount determined by the board of not less than $1 per day and not more than the total cost of the electronic monitoring unless, after determining the inability of the inmate to pay the fee, the board requires payment of a lesser amount. The fees collected shall be returned to the department's home arrest program to offset operational costs of the program. 5. Remaining at the inmate's place of residence at all times except for movement out of the residence according to mandated conditions. 6. Adherence to any other conditions imposed by the court, board of executive clemency or supervising corrections officers. 7. Compliance with all other conditions of supervision. 8. Payment of a monthly home arrest supervision fee of at least $65 unless, after determining the inability of the inmate to pay the fee, the department requires payment of a lesser amount. The supervising corrections officer shall monitor the collection of the fee. Monies collected shall be deposited, pursuant to sections 35-146 and 35-147, in the community corrections enhancement fund established by section 31-418. 9. Payment of a drug testing fee in an amount to be determined by the board and not to exceed the costs of the drug testing program. The fees collected pursuant to this paragraph by the department may only be used to offset the costs of the drug testing program. E. Before holding a hearing on home arrest, the board on request shall notify and afford an opportunity to be heard to the presiding judge of the superior court in the county in which the inmate requesting home arrest was sentenced, the prosecuting attorney and the director of the arresting law enforcement agency. The board shall notify the victim of the offense for which the inmate is incarcerated. The notice shall state the name of the inmate requesting home arrest, the offense for which the inmate was sentenced, the length of the sentence and the date of admission to the custody of the state department of corrections. The notice to the victim shall also inform the victim of the victim's right to be present and to submit a written report to the board expressing the victim's opinion concerning the inmate's release. A hearing concerning home arrest may not be held until fifteen days after the date of giving the notice. On mailing the notice, the board shall file a hard copy of the notice as evidence that notification was sent. F. An inmate who is placed on home arrest is on inmate status, is subject to all the limitations of rights and movement and is entitled only to due process rights of return. G. If an inmate violates a condition of home arrest that poses any threat or danger to the community, or commits an additional felony offense, the board shall revoke the home arrest and return the inmate to the custody of the state department of corrections to complete the term of imprisonment as authorized by law. H. The ratio of supervising corrections officers to supervisees in the home arrest program shall not be greater than one officer for every twenty-five supervisees. I. The board shall determine when the supervisee is eligible for transfer to the regular parole program pursuant to section 31-411. J. This section applies only to persons who commit felony offenses before January 1, 1994. K. For the purposes of this section: 1. "Dangerous offense" has the same meaning prescribed in section 13-105. 2. "Serious offense" includes any of the following: (a) A serious offense as defined in section 13-706, subsection F, paragraph 1, subdivision (a), (b), (c), (d), (e), (g), (h), (i), (j) or (k). (b) A dangerous crime against children as defined in section 13-705. The citation of section 13-705 is not a necessary element for a serious offense designation. (c) A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13-705, subsection T, paragraph 1 or section 13-706, subsection F, paragraph 1. 41-1604.14. Drug and alcohol treatment programs; annual report A. On or before December 1 each year, the director shall report on the drug and alcohol treatment programs available to offenders in this state who are under the jurisdiction of the department. The report shall include: 1. A description of each program, including whether the program is for offenders who are imprisoned or for offenders who are on community supervision or parole. 2. The number of offenders who are currently receiving services from a program and the total number of offenders who received services over the previous twelve months. 3. The cost per offender for each program and the source of the monies that are used. 4. The name of each drug and alcohol treatment program provider. 5. A comparison of the dru