ARIZONA DEPARTMENT OF CORRECTIONS

This Director's Instruction is effective immediately and supersedes DI 219 dated September 1, 2006.

PURPOSE: This instruction provides the criteria and procedure for the release of inmates eligible for transition services in accordance with ARS 31-281.

1.0    CRITERIA: Inmate must meet all of the following criteria for consideration:

1.1    Current or prior conviction for Title 13, Chapter 34 crime listed in Attachment A: Section A.

1.2    As outlined in Attachment A: Section B: No current or prior conviction for any of the following offenses:

1.2.1    A Sex Offense, per Title 13, Chapter 14

1.2.2    Arson Offense, Title 13, Chapter 17

1.2.3    Any offense involving death or physical injury or the use of a deadly weapon or dangerous instrument, ARS 13-604.04.

1.3    Not have any felony detainers.

1.4    Inmate agrees to participate and to provide specific information after release.

1.5    Meet literacy standards as required by ARS 31-229.02.

1.6    The inmate is low risk to the community and has a nonviolent risk level as indicated by the Community Risk Assessment Level. The Community Risk Assessment Level shall be 3 or lower for both general risk and violence risk, as documented on AIMS.

1.7    The inmate must make satisfactory progress on the inmate’s individualized corrections plan:

1.7.1    No Refusal or Removal (for poor behavior) from a major or self-improvement program.

1.7.1.1    This criteria is negated if the inmate subsequently completes a program(s) that the inmate previously refused or was removed from.

1.7.2    No Unsatisfactory work or program ratings within six months of application.

1.8    The inmate shall maintain civil behavior during the current incarceration as evidenced by the inmate’s disciplinary history. Inmates will be deemed ineligible if found guilty of:

1.8.1    Any major or minor violation at any time during the current incarceration for any of the violation charges outlined in Attachment A: Section C.

1.8.2    Any major violation not listed in Attachment A: Section C within 12 months of the date of application.

1.8.3    A minor violation written within six months of the application.

1.9    If the inmate is pending a hearing for a discipline violation at the time of application, final adjudication of the rule violation is required prior to participation in the Transition Services Program.

1.10    If an inmate receives a write-up for a violation of disciplinary rules, the release will be postponed until final adjudication of the rule violation.

1.11    Medium custody or below.

1.12    Release placement is within the State of Arizona.

1.13    The inmate is not homeless at the time of release.

1.14    Be current on restitution payments pursuant to ARS 31-254.

1.15    Have a need and ability to benefit from the program.

1.16    Inmates who meet all other eligibility requirements but do not have a pre-approved placement, may participate in the transition program in prison, but will not qualify for an early transition release if homeless at the time of release.

2.1    The CO III’s shall run a Tentative Release list nine months prior to the inmates Community Supervision Begin Date (CSBD).

2.1.1    The CO III’s shall screen the inmates in accordance with these instructions utilizing Attachment B, Transition Program Application.

2.2    The CO III’s shall complete the application and ensure the inmate accepts and signs the application.

2.3    For inmates who meet criteria of this instruction, unit staff shall submit the application for those inmates who have been determined eligible along with a release packet to Community Corrections six months prior to the inmate's CSBD.

2.4    If an inmate is accepted into the Transition Program, Community Corrections will advise the respective Records Managers via e-mail or fax of the approved inmate's name, number and the type of service the inmate is approved to receive and document the AIMS screens DT08 (03) and DI83.

2.4.1    The AIMS screen, DI14 (b) shall be documented by the records staff to reflect eligibility and approval and action taken in 2.4 and 2.5 or ineligibility and the reasons.

2.5    The Complex OIU will request release confirmation in accordance with existing policy, and advise Community Corrections of confirmed Transition Program releases.

2.6    An inmate may be released from prison to participate in this program only if all victims of all current offenses have been provided notice and an opportunity to be heard.  An inmate may be released only if a victim does not object to the inmate's early release. 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 20 days after the department has mailed the notice to the victim.

3.1    All inmates who are earning less than two dollars per hour, with the exception of those convicted of a violation of title 28, chapter 4 shall have their accounts deducted by 5 percent.

3.2    Transition services include but are not limited to:

3.2.1    In-prison programming through seminars (or substance abuse education/relapse prevention)

3.2.2    In-prison pre-release case management

3.2.3    Community based case management

3.2.4    Mentoring if available in prison and/or in the community

3.2.5    Community seminars

3.2.6    Released inmates are on inmate status for the purpose of earned release credit accrual until their CSBD.

3.2.7    Released inmates will be supervised by a Community Corrections Officer.

A: Ineligible Offenses and Major/Minor Disciplinary Rule Violations

B: Transition Program Application – temporary use