prisoners; transition program, the official text

Senate Engrossed
House Bill

prisoners; transition
program

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2440

AN
ACT

amending section 31-281, Arizona Revised
Statutes; relating to the 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:

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] not
more than 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. Notwithstanding subsection A of
this section, the department may grant a onetime extension of up to an
additional ninety days for an eligible inmate to continue receiving transition
services if all of the following apply:

1. the department determines that the
inmate will need additional treatment or intervention to adequately address the
inmate's specific criminogenic needs.

2. the contracted entity that is
providing the inmate's transition services uses an empirically validated, peer-reviewed
instrument to evaluate the inmate's risk of recidivism and identifies the
inmate's primary criminogenic factors.

3. the contracted entity that
evaluates the inmate pursuant to paragraph 2 of this subsection submits an
updated individualized service plan to the department.

[F.] G. For
the purposes of this section, "recidivism" means reincarceration in
the department for any reason. END_STATUTE