Arizona Revised Statutes Title 31 - Prisons And Prisoners

Chapter 1 JAILS
Article 1 Personnel and Facilities

• § 31-101 Common Jails; Duty Of Sheriff; Use Of Jails
  The common jails in the several counties and county jails under the jurisdiction of county jail districts shall be kept by the sheriffs of...
• § 31-104 Employment Of Temporary Guards
  The sheriff may, when necessary, with the written consent of the county board of supervisors, employ temporary guards for protection of the county jail...
• § 31-105 Designation Of Jail In Contiguous County; Revocation Of Designation
  A. If there is no jail in the county, or when a jail becomes unfit or unsafe for confinement of prisoners, the judge of...
• § 31-106 Disease In Jail; Removal Of Prisoners
  When a pestilence or contagious disease occurs in or near a jail and the physician in attendance certifies that it is liable to endanger...
• § 31-107 Emergency Removal Of Prisoners
  When a county jail or building contiguous to it is on fire and there is reason to apprehend that the prisoners may be injured...

Article 2 Prisoners

• § 31-121 Duty Of Sheriff To Receive And Provide For Prisoners; Contracts For Furnishing Food; City Or Town Prisoners; Employment; Canteens; Special Services Fund; Insurance; Education Programs
  A. The sheriff shall receive all persons who are committed to jail by competent authority and provide them with necessary food, clothing and bedding,...
• § 31-122 Receiving And Keeping Federal Prisoners
  A. The sheriff may receive and keep in the county jail any prisoner committed thereto by process or order issued under the authority of...
• § 31-123 Confinement Of Person Committed To Jail
  A prisoner committed to the county jail for trial or for examination, or upon conviction for a public offense, shall be actually confined in...
• § 31-124 Segregation Of Prisoners; Males And Females; Minors And Adults
  A. Male and female prisoners shall not be kept or placed in the same room. B. A person under the age of eighteen years...
• § 31-125 Duty Of Sheriff To Deliver Judicial Papers To Prisoner
  When a paper in a judicial proceeding is directed to a prisoner in the custody of a sheriff and is served upon the sheriff,...
• § 31-126 Examination Of Certain Prisoners For Mental Disorder
  When a person confined in the county jail upon arrest for or conviction of a misdemeanor manifests symptoms of a mental disorder, the sheriff...
• § 31-127 Abuse Of Prisoner; Classification
  A public officer who with criminal negligence is guilty of inhumanity or oppression toward a prisoner under his care or in his custody is...
• § 31-128 Unauthorized Communication With Prisoner; Classification
  A person not authorized by law who, without permission of the officer in charge of a jail, communicates with a person imprisoned or detained...
• § 31-129 Taking Prohibited Articles Into Jail; Classification
  A person not authorized by law who takes into a jail or the grounds belonging or adjacent thereto, any opium, morphine, cocaine or other...
• § 31-130 Destruction Of Or Injury To Public Jail; Classification
  A person who intentionally and without lawful authority breaks, pulls down or otherwise destroys or injures a public jail or other place of confinement...
• § 31-131 Operation Of Inmate Industry Program; Special Services Fund; Application Of Earnings
  A. On approval of the county board of supervisors, the sheriff may operate an inmate industry program and for that purpose may employ personnel,...
• § 31-132 Duty To Deliver Medical Records
  Prior to or at the same time a prisoner is transferred from a county jail facility to a state department of corrections facility by...

Article 3 Labor by Prisoners

• § 31-141 Enforcement Of Sentence Imposing Hard Labor; Employment Of Prisoners; Definition
  A. If a person is sentenced to serve a certain number of days in a county jail, the court imposing the sentence may order,...
• § 31-142 Use Of Prisoners On Public Works
  A. The sheriff may, with the consent of the board of supervisors, require prisoners under his charge who are capable of hard labor to...
• § 31-143 Use Of Prisoners By County Engineer
  The county engineer shall receive and work prisoners sentenced to hard labor who are authorized by the board of supervisors to be employed. The...
• § 31-144 Double Time Allowance For Work Done Outside Jail As Trusty
  A. A prisoner in a city, town or county jail, while working on the public streets, highways or other public works as a trusty...
• § 31-145 Allowance For Hard Labor In Reduction Of Fine
  A. A prisoner sentenced to pay a fine shall be allowed not to exceed fifty dollars per day credited to the fine for each...
• § 31-146 Notice Of Discharge Of Prisoners Sentenced To Pay Fine Or To Be Imprisoned Until Payment Made
  Within five days after the end of each week, the officer having custody of prisoners who have been sentenced to pay a fine and...

Article 4 Inmate Health Care

• § 31-161 Inmate Health Care; Costs
  A. Subject to the approval of the county board of supervisors or the board of directors of a county jail district, the sheriff may...
• § 31-162 Inmate Health Services Fund; Audit
  A. The inmate health services fund is established in each county treasury consisting of monies received pursuant to section 31-161. The sheriff shall administer...
• § 31-163 Subrogation
  A. If a county provides health services to an inmate or a juvenile detainee, the county has the right of subrogation against the individual's...
• § 31-164 Inmate Health Insurance Pools
  A. The board of supervisors of two or more counties or the board of directors of two or more county jail districts may enter...
• § 31-165 Inmate Medical Services; Rate Structure
  If an inmate in a county jail or a person who, but for the circumstances, would otherwise be treated in the county jail requires...

Chapter 2 STATE PRISON
Article 1 Officers and Employees

• § 31-201 Definitions
  As used in this chapter, unless the context otherwise requires: 1. " Department" means the state department of corrections. 2. " Director" means the...
• § 31-201.01 Duties Of The Director; Tort Actions; Medical Treatment Costs; State Immunity; Definitions
  A. The director shall hold in custody all persons sentenced to the department under the law and shall hold such persons for the term...
• § 31-203 Persons Disqualified As Officers Or Employees
  No person shall be appointed to any office or be employed by the department on behalf of the state who: 1. Is a contractor...
• § 31-204 Interest Of Employee In Contracts; Gifts To Or From Prisoner; Penalty
  A. An officer or employee shall not have any monetary interest in any contract or purchase made by anyone for or on behalf of...
• § 31-206 Chaplains; Duties; Traditional Native American Religious Practitioners
  A. The prison chaplains shall devote as much of their time as the condition and employment of the prisoners reasonably justifies in giving the...
• § 31-207 Payment Of Claims
  The department of administration shall draw a warrant for claims approved and allowed by the director under the provisions of this chapter, and the...

Article 2 Prisoners

• § 31-221 Master Record File; Information From Other Agencies; Confidentiality Of File; Access; Definition
  A. The state department of corrections shall maintain a master record file on each person who is committed to the department that contains the...
• § 31-222 Research And Evaluation Programs
  A. The department shall establish programs of research, statistics and planning, including the study of its own performance concerning the treatment of adult offenders....
• § 31-223 Use Of Force By Correctional Officers
  A correctional officer as defined in section 41-1661 may use all reasonable and necessary means including deadly force to prevent the attempt of a...
• § 31-224 Duty To Deliver Medical Records
  Prior to or at the same time a prisoner is transferred from a state department of corrections facility by the department to a county...
• § 31-225 Attendance Of Prisoner In Court
  When it is necessary that a person imprisoned by the department be brought before any court, or that a person imprisoned in a county...
• § 31-226 Mentally Disordered Prisoner; Procedure For Voluntary Or Involuntary Hospitalization; Notice; Hearing; Transfer; Reports; Return To Incarceration Or Release; Costs; Definition
  A. If a prisoner confined in any facility operated by the state department of corrections displays symptoms of mental disorder to such a degree...
• § 31-226.01 Emergency Transfer Procedures
  A. If the written report made pursuant to section 31-226, subsection A indicates reasonable cause to believe that, as a result of mental disorder,...
• § 31-227 Reimbursing County For Expense Of Prosecution
  A. If a person is arrested within this state for any crime committed in or adjacent and related to a correctional facility under the...
• § 31-228 Procedure For Discharge Of Prisoner; Return Of Property; Furnishing Money, Clothing And Transportation Ticket; Allowing Hair To Grow Before Discharge
  A. When a prisoner is released conditionally on parole, community supervision or probation if the court waived community supervision pursuant to section 13-603 or...
• § 31-229 Functional Literacy Program; Evaluation; Certificate; Exemptions; Wages; Definition
  A. The director shall establish and administer a functional literacy program in each correctional institution in this state. B. On commitment to the department,...
• § 31-229.01 Functionally Literate Inmates; Education Requirement; Rules; Inmate Fees; Definition
  A. If an inmate is determined to be functionally literate pursuant to section 31-229, has not received a high school diploma and is responsible...
• § 31-229.02 Functionally Literate Inmates; Release Eligibility
  A. If an inmate fails to achieve functional literacy at an eighth grade literacy level before the inmate becomes eligible for release pursuant to...
• § 31-230 Prisoner Spendable Accounts; Fees
  A. The director shall establish a prisoner spendable account for each prisoner. All monies that are received by a prisoner and that are not...
• § 31-231 Unauthorized Communication With Prisoner; Classification; Definition
  A. A person who is not authorized by law and who without legal or official permission communicates with a prisoner who is within the...
• § 31-233 Order For Removal; Purposes; Duration; Continuous Alcohol Monitoring Program; Failure To Return; Classification
  A. The director may authorize the temporary removal under custody from prison or any other institution for the detention of adults under the jurisdiction...
• § 31-234 Agreements With Cities And Counties; Costs; Transfer; Participation In Programs; Custody Of Director
  A. The director of the state department of corrections may enter into an agreement with a city, county jail district, county, or city and...
• § 31-235 Prisoner Correspondence; Definitions
  A. The department shall mark all mail written by a prisoner committed to the state department of corrections indicating that the mail was sent...
• § 31-237 Dedicated Discharge Accounts
  A. Each wage earning prisoner who is committed to the department shall deposit into a dedicated discharge account of the prisoner a percentage of...
• § 31-238 Incarceration Costs; Setoff
  A. The director of the state department of corrections shall establish a per annum cost of incarceration for any person convicted in a state...
• § 31-239 Utility Fees
  A. The director shall establish by rule a reasonable utility fee for electrical utilities that are consumed by prisoners who are confined in a...
• § 31-240 Prisoner Education Services Budget; Prohibitions
  A. The director shall establish and maintain a dedicated prisoner education services budget for each state prison to identify the monies appropriated to the...
• § 31-241 Inmate Complaints To Boards; Procedure
  A. An inmate shall exhaust all internal department grievance procedures before filing a complaint with any of the following boards: 1. The state dental...
• § 31-242 Internet Access; Violation; Classification; Definitions
  A. Except as authorized by the department, an inmate shall not have access to the internet through the use of a computer, computer system,...

Article 3 Labor by Prisoners

• § 31-250 Definition Of Work Crew
  In this article, unless the context otherwise requires, " work crew" means a group of prison inmates who possess the skills and training to...
• § 31-251 Hard Labor Required Of Prisoners; Labor Classification; Definition
  A. The director has the authority to require that each able-bodied prisoner under commitment to the state department of corrections engage in hard labor...
• § 31-251.01 Definition
  In this article, unless the context otherwise requires: 1. " First offender" means a prisoner who has not previously served a prison term for...
• § 31-252 Use Of Prisoners In Public Works; Cooperative Prisoner Labor System; Definitions
  A. The director may enter into a cooperative agreement with any state agency or political subdivision of this state or any department or agency...
• § 31-253 Use Of Prisoners In Prison Construction; Definition
  A. The director of the state department of corrections and the director of the department of administration shall use prisoner labor to the maximum...
• § 31-254 Compensation For Labor Performed; Price Of Prison Made Articles; Distribution Of Earnings; Workers' Compensation
  A. Each prisoner who is engaged in productive work in any state prison or institution under the jurisdiction of the department or a private...
• § 31-255 Alcohol Abuse Treatment Fund
  A. The alcohol abuse treatment fund is established. B. Notwithstanding section 31-254, the director of the state department of corrections shall deposit in the...

Article 4 Products of Prisoners

• § 31-261 Sale Or Exchange Of Products Of Individual Prisoners
  A. Products of individual prisoner enterprise, hobby, craft or art may be marketed to the public. B. The director is authorized to establish a...

Article 5 Correctional Facility Construction

• § 31-271 Adult Correctional Facility; Multiple Confinement
  Any adult correctional facility acquired, converted or constructed shall confine more than one person in each cell or room except as strictly necessary for...

Article 6 Transition Program

• § 31-281 Transition Program; Report
  A. The department shall establish a transition program. The department shall administer the transition program and contract with private or nonprofit entities to provide...
• § 31-282 Contracted Entities; Duties; Services; Definition
  A. Each entity that contracts with the department to provide transition services pursuant to this article shall coordinate all services provided by the entity...
• § 31-284 Transition Program Fund
  The transition program fund is established consisting of the monies collected pursuant to section 31-254, subsection D, paragraph 3 and subsection E, paragraph 3...
• § 31-285 Transition Program Release; Report
  A. An inmate who enters a transition program pursuant to this article shall be released from confinement three months earlier than the inmate's earliest...
• § 31-287 Program Termination
  The transition program established by this article ends on July 1, 2018 pursuant to section 41-3102.

Article 10 Prisoner Participation in Medical Research and Plasmapheresis and Whole Blood Programs

• § 31-321 Prisoner Participation In Approved Programs
  A. Any prisoner with the written consent of the director and the chief of health services may volunteer to participate in an approved program...
• § 31-322 Approval Of Programs
  A. Any person, firm or corporation desiring to conduct a program of medical research or plasmapheresis and whole blood program employing prisoners shall submit...
• § 31-323 Compensation For Prisoner Participation In Approved Programs; Trust Fund Or Retention Account
  A. An approved program of medical research or plasmapheresis and whole blood program may provide for the payment of compensation to participating prisoners. B....

Article 11 Work Furlough Program

• § 31-331 Definitions
  In this article, unless the context otherwise requires: 1. " Court" means a justice of the peace, town magistrate, city magistrate, superior court commissioner...
• § 31-332 Applicability
  The provisions of this article shall be operative in any town, city, county or region in which the local governing board determines that the...
• § 31-333 Work Furlough
  A. A court may direct that a prisoner in a detention facility continue his regular employment or obtain new employment during his period of...
• § 31-334 Earnings Of Prisoner
  A. The work furlough administrator shall provide that all earnings of a prisoner be transmitted to the work furlough administrator. B. From the earnings,...
• § 31-335 Time Credits
  A prisoner shall be eligible for time credits while on work furlough if he would otherwise be eligible.
• § 31-336 Improper Conduct
  In the event a prisoner violates conditions laid down for his conduct or employment, the work furlough administrator shall report such fact to the...

Article 12 Escape

• § 31-341 Definitions
  In this article, unless the context otherwise requires: 1. " Correctional facility" means any place used for the confinement or control of a person:...
• § 31-342 Escape; Liability For Costs Incurred In Apprehension
  A. Any person who is convicted of escape from custody or a correctional facility pursuant to section 13-2502, 13-2503 or 13-2504 is liable for...

Chapter 3 EXECUTIVE CLEMENCY
Article 1 Board of Executive Clemency

• § 31-401 Board Of Executive Clemency; Qualifications; Appointment; Officers; Quorum; Meeting
  A. The board of executive clemency is established consisting of five members who are appointed by the governor pursuant to this subsection and section...
• § 31-402 Powers Of Board; Powers And Duties Of Governor; Powers And Duties Of Executive Director
  A. For all persons who committed felony offenses before January 1, 1994, the board of executive clemency shall have exclusive power to pass upon...
• § 31-403 Commutation; Restrictions On Consideration
  A. A person who is otherwise eligible for commutation and who is denied a commutation of sentence recommendation shall not petition or be considered...

Article 2 Paroles

• § 31-411 Parole Or Discharge; Conditions Of Parole; Release Under Supervision Of State Department Of Corrections; Notice Of Hearing; Exceptions; Drug Testing Costs
  A. Any prisoner who has been certified as eligible for parole or absolute discharge from imprisonment pursuant to section 31-412, subsection B or section...
• § 31-411.01 Parole Or Community Supervision For Persons Previously Convicted Of Possession Or Use Of Marijuana, A Dangerous Drug Or A Narcotic Drug; Treatment; Prevention; Education; Termination Of Parole Or Community Supervision
  A. Notwithstanding any law to the contrary, every prisoner who is eligible for parole or community supervision pursuant to section 41-1604.16 shall be released...
• § 31-412 Criteria For Release On Parole; Release; Custody Of Parolee; Definition
  A. If a prisoner is certified as eligible for parole pursuant to section 41-1604.09 the board of executive clemency shall authorize the release of...
• § 31-413 Duty Of Department Of Corrections To Assist In Securing Employment For Parolees And Prisoners
  The department of corrections shall assist in securing employment for prisoners paroled, on work furlough, eligible for any release from confinement or discharged. The...
• § 31-414 Absolute Discharge Of Parolee; Effect; Notice To Victim
  A. If, upon application by the state department of corrections on behalf of a prisoner on parole, it appears to the board of executive...
• § 31-415 Violation Of Parole Or Community Supervision; Warrant For Retaking Parolee Or Offender On Community Supervision
  If the parole clerk of the department of corrections or the director of the department of corrections, or the board of executive clemency or...
• § 31-416 Execution Of Warrant To Take Paroled Prisoner Or Offender On Community Supervision; Expenses
  A. Any officer of the department of corrections or any officer authorized to serve criminal process within this state, to whom the warrant provided...
• § 31-417 Notification To Board Of Parole Violator; Hearing; Reimprisonment
  At the meeting held at the state prison of the board of executive clemency next following the retaking of a paroled prisoner or an...
• § 31-418 Community Supervision Fee; Deposit; Community Corrections Enhancement Fund; Drug Testing Costs
  A. During the period of time that the prisoner remains on community supervision, the state department of corrections shall require as a condition of...

Article 3 Reprieves, Commutations, and Pardons

• § 31-441 Application For Pardon; Statement Of Facts Proved At Trial
  When an application is made for a pardon, the board of executive clemency may require the judge of the court before whom the applicant...
• § 31-442 Application For Pardon; Notice; Exceptions
  A. At least ten days before the board of executive clemency acts upon an application for a pardon, written notice of intention to apply...
• § 31-443 Power Of Governor To Grant Reprieves, Commutations And Pardons
  The governor, subject to any limitations provided by law, may grant reprieves, commutations and pardons, after conviction, for all offenses, except impeachment, upon conditions,...
• § 31-444 Power Of Governor To Suspend Sentence For Treason Pending Consideration By Legislature
  The governor may suspend execution of the sentence upon a conviction for treason until the case may be reported to the legislature at its...
• § 31-445 Publication Of Reasons For Granting A Commutation, Pardon, Reprieve, Stay Or Suspension Of Execution
  When the governor grants a commutation, pardon, reprieve or stay or suspends execution of sentence in a case where a sentence of death is...
• § 31-446 Report To Legislature
  The governor shall at the beginning of every regular session communicate to the legislature each case of reprieve, commutation or pardon, stating the name...

Article 4.1 Interstate Compact for the Supervision of Adult Offenders

• § 31-467 Adoption Of Interstate Compact For The Supervision Of Adult Offenders
  The governor is authorized and directed to enter into a compact on behalf of the state of Arizona with any of the United States...
• § 31-467.01 Parole Or Probation Violation; Retaking; Notice; Hearing; Custody Pending Hearing
  A. If supervision of a parolee or probationer is being administered pursuant to the interstate compact for the supervision of adult offenders, the appropriate...
• § 31-467.02 Hearing Officer
  Any hearing pursuant to this article may be before the administrator of the interstate compact for the supervision of adult offenders, a deputy of...
• § 31-467.03 Hearing Rights Of Parolee Or Probationer
  A. With respect to any hearing pursuant to this article, the parolee or probationer: 1. Shall have reasonable notice in writing of the nature...
• § 31-467.04 Hearings In Other States; Effect
  In any case of alleged parole or probation violation by a person being supervised in another state pursuant to the interstate compact for the...
• § 31-467.05 Extradition; Retrieval
  A. At all times, duly accredited officers of a sending state may enter a receiving state and apprehend and retake any person who is...
• § 31-467.06 Supervision Fee; Deposit; Drug Testing Costs
  A. A person being supervised in this state pursuant to this article shall pay, as a condition of probation, community supervision or parole, a...
• § 31-467.07 Interstate Compact For The Supervision Of Adult Offenders; Eight‑year Review
  Beginning in 2022 and every eight years thereafter, the legislature shall review this state's participation in the interstate compact for supervision of adult offenders...

Article 5 Western Interstate Corrections Compact

• § 31-471 Western Interstate Corrections Compact
  The western interstate corrections compact is entered into by this state with any and all other states legally joining therein in a form substantially...
• § 31-472 Commitment Or Transfer Of Inmate; Prohibition Against Transfer Of Inmate Sentenced Under Arizona Law To Institution Outside State In Absence Of Consent; Irrevocability Of Consent
  Any court or other agency or officer of this state having power to commit or transfer an inmate, as defined in article II(d) of...
• § 31-473 Enforcement Of Compact; Hearings In Compliance With Compact
  A. The courts, departments, agencies, and officers of this state and its subdivisions shall enforce the western interstate corrections compact and shall do all...
• § 31-474 Contracts Implementing State's Participation In Compact; Prerequisite Approval; Authorized Provisions; Determination Of Suitability Of Institution And Confinement
  The director of corrections may enter into such contracts on behalf of this state as may be appropriate to implement the participation of this...
• § 31-475 Right Of Transferred Prisoner On Release From Prison Outside This State
  Every prisoner released from a prison without this state to which he has been committed or transferred from this state pursuant to the compact...

Article 6 Agreement on Detainers

• § 31-481 Agreement; Authorization; Contents
  The agreement on detainers is entered into by this state with all other jurisdictions legally joining such agreement in the form substantially as follows:...
• § 31-482 Matters Pertaining To Agreement
  A. Every person who has been imprisoned in a prison or institution in this state and who escapes or attempts to escape while in...

Article 7 Interstate Corrections Compact

• § 31-491 Interstate Corrections Compact
  The interstate corrections compact is entered into by this state with any and all other states legally joining therein in the form substantially as...
• § 31-492 Powers Of Director
  The director of the state department of corrections is authorized and directed to do all things necessary or incidental to the carrying out of...

Chapter 4 PSYCHIATRIC SECURITY REVIEW BOARD
Article 1 General Provisions

• § 31-501 Psychiatric Security Review Board; Members; Terms; Compensation
  A. The psychiatric security review board is established consisting of the following members who are appointed by the governor pursuant to this section and...
• § 31-502 Psychiatric Security Review Board; Powers And Duties; Definition
  A. The psychiatric security review board shall: 1. Maintain jurisdiction over persons who are committed to a secure state mental health facility pursuant to...

Chapter 5 RESTRAINTS ON PREGNANT PRISONERS
Article 1 General Provisions

• § 31-601 Pregnant Prisoners; Restraints; Written Findings; Rules; Definitions
  A. A correctional institution shall not use restraints on a prisoner or detainee who is being transported for delivery or during labor, delivery and...

Last modified: October 13, 2016