A.R.S. tit. 31 ch. 2 — Arizona Revised Statutes Title 31 Chapter 2 — State Prison

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 director of the department. 31-201.01. Duties of the director; tort actions; medical treatment costs; state immunity; definitions A. The director shall hold in custody all persons who are sentenced to the department under the law and shall hold such persons for the term directed by the court, subject to law. B. In addition to the medical and health services to be provided pursuant to subsection D of this section, the director, in cooperation with the department of health services, may provide to prisoners psychiatric care and treatment pursuant to sections 31-226 and 31-226.01. C. The director may institute and pursue programs that promote the rehabilitation of the prisoners in the director's charge. D. The director shall provide medical and health services for the prisoners. The director may contract for professional services to assist the director in carrying out this responsibility on behalf of the state, except that all records made and retained in connection with the services provided by this subsection shall be made and retained only by duly authorized or qualified medical and professional personnel and not by any prisoner. Such records when not in use shall be retained in a safe and secure place. E. If a victim of a person for whom a cost of incarceration has been calculated notifies the state that full restitution has not been made by the person for whom a cost of incarceration has been calculated, the state shall interplead with the superior court the disputed amount and set off the amounts owed the state from the remaining obligation. F. Any and all causes of action that may arise out of tort caused by the director, prison officers or employees of the department, within the scope of their legal duty, shall run only against the state. G. The director shall establish by rule reasonable medical and health service fees for the medical and health services that are provided pursuant to subsection D of this section. Except as provided in subsection I of this section, every inmate shall be charged a reasonable medical and health services fee for each medical visit an inmate makes pursuant to a health needs request form or for emergency treatment. H. Except as provided in subsection I of this section, the director may charge each inmate a reasonable fee for prescriptions, medication or prosthetic devices. I. The director shall exempt the following inmates or medical visits by inmates from payment of medical and health services fees and fees for prescriptions, medication or prosthetic devices: 1. Medical visits initiated by the medical or mental health staff of the department. 2. Medical visits to a physician by inmates who are referred by a physician assistant or nurse practitioner. 3. Inmates at reception centers. 4. Juvenile inmates. 5. Pregnant inmates. 6. Seriously mentally ill inmates. For the purposes of this paragraph, "seriously mentally ill inmates" means inmates who as a result of a mental disorder as defined in section 36-501 exhibit emotional or behavioral functioning which is so impaired as to interfere substantially with their capacity to remain in the general prison population without supportive treatment or services of a long-term or indefinite duration and whose mental disability is severe and persistent, resulting in a long-term limitation of their functional capacities for primary activities of daily living, including interpersonal relationships, self-care, employment and recreation. 7. Inmates with developmental disabilities who are housed in a special programs unit. 8. Inmates who are housed in unit 8 at the Florence prison facility. 9. Inmates who are inpatients at the Alhambra prison facility special programs psychiatric hospital. 10. Inmates who are inpatients at the Flamenco prison facility mental health treatment unit. 11. Inmates who are undergoing administrative physical examinations for statewide driver status and fire fighting crews. 12. Inmates who are undergoing follow-up medical treatment for chronic diseases. J. An inmate shall not be refused medical treatment for financial reasons. K. All monies received by the department for medical and health service fees shall be deposited in the general fund. L. A person who is convicted of a felony offense and who is incarcerated while awaiting sentence or while serving a sentence imposed by a court of law may not bring a cause of action seeking damages or equitable relief from the state or its political subdivisions, agencies, officers or employees for injuries suffered while in the custody of the state or its political subdivisions or agencies unless the complaint alleges specific facts from which the court may conclude that the plaintiff suffered serious physical injury or the claim is authorized by a federal statute. M. The director shall establish criteria for reasonable deductions from monies credited to the prisoner's spendable account to repay the cost of: 1. State property that the inmate wilfully damages or destroys during the inmate's incarceration. 2. Medical treatment for injuries that the inmate inflicts on himself or others. 3. Searching for and apprehending an inmate who escapes or attempts to escape. 4. Quelling a riot or other disturbance in which the inmate is unlawfully involved. 5. Fees prescribed by title 28 or the department of transportation's rules for the issuance of either a driver license or a nonoperating identification license to the inmate, if eligible. N. On request of a female inmate, the director shall provide female inmates with a sufficient supply of feminine hygiene products. Notwithstanding any other law, the director may not charge female inmates for feminine hygiene products. O. For the purposes of this section: 1. "Feminine hygiene products" includes tampons, sanitary napkins, menstrual sponges, menstrual cups and similar items that are used for a menstrual cycle. 2. "Reasonable fee" means an amount not to exceed $5. 3. "Serious physical injury" means an impairment of physical condition that creates a substantial risk of death or that causes serious disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ. 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 for the department, except pursuant to section 31-204. 2. Is interested, directly or indirectly, in any business carried on in connection with the department, except pursuant to section 31-204. 3. Is found intoxicated while on duty. A single act of intoxication shall justify discharge or removal. 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 the department, or receive, directly or indirectly, compensation for services unless approved by the director. B. An officer or employee of the department, a contractor or an agent or employee of a contractor, without written permission of the warden, deputy warden or prison administrator, shall not make a gift or present to or receive a gift or present from a prisoner, or barter or deal with a prisoner. C. This section does not prohibit an officer or employee of the department from maintaining secondary employment in: 1. Any correctional facility that is not within the person's primary employment. 2. Any institution of higher learning as an adjunct faculty member. D. Any person violating this section shall be discharged from office or service, and every contractor, or employee or agent of a contractor, shall not be permitted to act or serve again as such contractor, agent or employee. 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 prisoners moral and religious instruction. The chaplains shall at all times, under the authority of the director, have access to the prisoners for that purpose. B. The chaplains shall hold services at the state prison at least twice each month. C. Traditional Native American religious practitioners may perform prayers and religious services for Native American inmates under special arrangements made with the director. 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 warrants shall be paid from the appropriation made to the department. 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 following: 1. All information from the committing court. 2. The reports of the reception-diagnostic centers. 3. Evaluation and assignment reports and recommendations. 4. Reports of disciplinary infractions and their disposition. 5. Progress reports prepared for the board of executive clemency and the department. 6. Parole or community supervision progress reports. 7. The date and circumstances of final discharge. 8. Any other pertinent data concerning the person's background, conduct, associations and life history as may be required by the department with a view to the person's reformation and to the protection of society. B. All public agencies shall make available to the department, on request, any factual data in their possession regarding individuals committed to the department. C. All records of prisoner care and custody are subject to title 39, chapter 1, article 2, except that the department shall not disclose records or portions of records: 1. Revealing the identity of a confidential informant. 2. Endangering the life or physical safety of a person. 3. Jeopardizing an ongoing criminal investigation. D. A prisoner may view the prisoner's own automated summary record file, excluding those categories listed in subsection C. E. Except as provided in subsection D, a prisoner shall not have access to any prisoner records other than viewing the prisoner's own automated summary record file and shall not assist in the preparation or reproduction of reports contained in those records. F. A prisoner shall not make a request to view a copy of the prisoner's own automated summary record file more than one time each year, except that a prisoner who is scheduled for more than one hearing before the board of executive clemency in a calendar year may make a request to view before each hearing a copy of the prisoner's own automated summary record file. G. For the purposes of this section, "automated summary record file" means a computer printout or generated image that includes the prisoner's: 1. Sentencing and release date calculations. 2. Institutional movements. 3. Disciplinary and rule violations. 4. Detainers and warrants. 5. Institutional work or job history. 6. Classification actions. 7. Board of executive clemency hearing actions. 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. B. The department may conduct and supervise research into the causes of detention and treatment of crime and disseminate such information to the public and governmental or private agencies. C. The department may establish such joint research and information facilities of governmental and private agencies as it shall determine. 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 prisoner sentenced to the custody of the state department of corrections to: 1. Escape from custody or from a correctional facility. 2. Take another person as a hostage. 3. Cause serious bodily harm to another person. 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 jail facility, a copy of the prisoner's state department of corrections medical record file, including the prisoner's mental health file, or a standardized medical record summary shall be transferred. 31-224.01. Prisoner medical records; release to immediate family or designated individual; definition A. A prisoner may authorize the department to release the prisoner's medical record to a member of the prisoner's immediate family or to a designated individual. The authorization must be in writing on a form prescribed by the department and include a release that complies with the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 164, subpart E). If authorized by the prisoner, the department shall release the prisoner's medical record to a member of the prisoner's immediate family or to the designated individual. The department shall provide the medical record within fifteen calendar days after receiving the prisoner's authorization to release the medical record. Pursuant to sections 31-221 and 39-121.01, the department may charge a fee to copy and produce the prisoner's medical record unless the medical record is produced electronically. B. For the purposes of this section, "medical record" includes any medical record that is retained by the department or a medical professional and that relates to medical treatment that was provided to the prisoner while in a department facility. 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 jail be brought before a court in another county, an order may be made for that purpose by the court and executed by the sheriff of the county where the order is made. 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 that transfer to the state hospital or a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections is necessary to ensure adequate treatment, the psychiatrist of the facility, or if no psychiatrist is available, the physician at the facility, shall examine the prisoner and make a written report of the psychiatrist's or physician's recommendations to the director of the state department of corrections. On receipt of a report that states that the psychiatrist or physician finds that the symptoms described in this subsection exist, the director of the state department of corrections may allow the prisoner to voluntarily transfer to a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections if the prisoner is an adult male, to the state hospital or a licensed behavioral health treatment facility operated by the state department of corrections if the prisoner is a female or to the state hospital if the prisoner is a minor. If the patient does not voluntarily transfer, the director shall file a petition with the superior court in the county in which the prisoner is incarcerated for transfer for treatment of the prisoner to the state hospital or a licensed behavioral health treatment facility operated by the state department of corrections if the prisoner is a female, to a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections if the prisoner is an adult male or to the state hospital if the prisoner is a minor. B. At least ten days before the court conducts the hearing on the petition for transfer, the state department of corrections shall provide a copy of the petition and written notice of the hearing to the prisoner and written notice of the prisoner's rights at the hearing. C. At least five days before the hearing, if the prisoner has not employed counsel, the court shall appoint counsel or an independent advisor to represent the prisoner at the hearing. On application by the prisoner the court shall also determine the necessity for any expert testimony by medical witnesses and authorize any necessary appointment and compensation for these witnesses at the state's expense. Notice shall be given to the state hospital if the prisoner is a female or a minor, and the state hospital shall be provided with an opportunity to participate in the hearing as an interested party, if it so desires. D. At the hearing, the prisoner or the prisoner's representative may call witnesses to testify and may confront and cross-examine witnesses called by the state department of corrections except on a finding of good cause for not permitting such presentation, confrontation or cross-examination. E. If the prisoner is determined to be suffering from a mental disorder to such a degree that transfer to the state hospital or a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections is necessary to ensure adequate treatment, the court shall order and direct that the prisoner be transferred for treatment to the state hospital in the legal custody of the state department of corrections or a licensed behavioral health treatment facility operated by the state department of corrections if the prisoner is a female, to a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections if the prisoner is an adult male or to the state hospital if the prisoner is a minor. The transfer of the prisoner to the state hospital shall be made by the state department of corrections. The court order must be in writing and state the evidence relied on and the reasons for transferring the prisoner. F. The superintendent of the state hospital shall provide the state department of corrections with a quarterly report of the condition of a prisoner transferred to the state hospital. The superintendent of the state hospital and the director of the state department of corrections shall also provide the superior court in the county which has jurisdiction over the transfer proceeding with a quarterly report of the condition of the prisoner. G. If, in the opinion of the superintendent of the state hospital or the director of the state department of corrections, the prisoner no longer suffers from a mental disorder such that placement in the state hospital or the licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections is necessary to ensure adequate treatment, the superintendent of the state hospital or the director of the state department of corrections shall order the prisoner to a licensed behavioral health treatment facility operated by the state department of corrections or returned to a prison facility to serve the prisoner's unexpired term, and the period the prisoner was confined in the state hospital or the behavioral health or mental health treatment agency shall be considered as though incarcerated in a state department of corrections facility. If the term of imprisonment expires during the time the prisoner is confined in the state hospital or the behavioral health or mental health inpatient treatment facility, the director of the state department of corrections shall issue to the prisoner an absolute discharge at that time, and the prisoner's rights to release from the hospital are as provided in title 36, chapter 5. H. A court-ordered evaluation may be made in accordance with title 36, chapter 5, article 4 if, within one hundred twenty days of the prisoner's scheduled release from prison or during any time that the prisoner is on release status, the prisoner appears to be, as a result of a mental disorder, a danger to self or to others, or is a prisoner with a grave disability, and is unwilling to undergo a voluntary evaluation. For the purposes of this section, an inpatient mental health treatment facility operated by the state department of corrections is authorized to act as a screening agency. If the court orders inpatient evaluation, the order shall take effect on the day of the prisoner's scheduled release, or if the prisoner is on release status, on a date determined by the court, and the state department of corrections shall deliver the prisoner to the evaluation agency. Thereafter, all further evaluation and treatment shall be in accordance with the provisions of title 36, chapter 5, as they pertain to civil patients. I. The state department of corrections shall pay all costs incurred for the prisoner during the term of the prisoner's sentence. J. The county in which the court is located shall be reimbursed for expenses of the proceedings incurred by the county in accordance with section 31-227. K. As used in this section "mental disorder" has the same meaning prescribed in section 36-501. 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, the prisoner is a danger to self or others and that without immediate treatment in a mental health inpatient treatment facility or the state hospital the prisoner is likely to suffer substantial physical harm or serious illness or is likely to inflict substantial physical harm on another, the director of the state department of corrections shall immediately authorize transfer for treatment of the prisoner to a mental health inpatient treatment facility operated by the state department of corrections if the prisoner is an adult male and to the state hospital if the prisoner is a female or a minor. B. On presentation of a prisoner for emergency transfer, an admitting officer of a mental health inpatient treatment facility or the state hospital may examine the prisoner and may admit the prisoner as an emergency admission. The transferred prisoner remains in the legal custody of the state department of corrections, and the department shall pay all costs incurred for the prisoner during the term of the prisoner's sentence. C. If a prisoner has been transferred pursuant to subsection A of this section, within forty-eight hours, excluding weekends and holidays, after the transfer the director shall file a petition for emergency transfer with the superior court in the county to which the prisoner has been transferred. The petition shall include: 1. A summary of the symptoms and signs displayed by the prisoner which led to the mental examination. 2. A summary of the recommendations of the examining psychiatrist or physician. 3. A statement supporting the need for immediate transfer of the prisoner. D. On review of the petition for emergency transfer, if the court finds that as a result of mental disorder the prisoner is a danger to self or others, and that without immediate treatment in a mental health inpatient treatment facility or the state hospital the prisoner is likely to suffer substantial physical harm or serious illness or is likely to inflict substantial physical harm on another, the court shall order the continued treatment of the prisoner, and the provisions of section 31-226, subsections B through J apply to the petition for emergency transfer. E. On review of the petition for emergency transfer, if the court does not find as described in subsection D of this section, the court shall order that the prisoner be returned to the facility in which the prisoner was incarcerated within forty-eight hours. F. If the court orders that the prisoner be returned to the facility in which the prisoner was incarcerated, the director of the state department of corrections may proceed pursuant to section 31-226. 31-227. Expenses of prosecution; reimbursement of counties A. If a person is arrested within this state for any crime committed in or adjacent and related to a correctional facility under the jurisdiction of the state department of corrections or committed while escaped from a correctional facility under the jurisdiction of the department or from the custody of officials or employees of the department while away from the correctional facility, the clerk of the court in which the legal proceedings relating to the crime are held shall prepare an itemized claim pursuant to an existing intergovernmental agreement with the state department of corrections against the state for the court costs and any other costs or fees incurred by the county on the prosecution and defense of the case and the cost of confining and keeping the prisoner. The claim shall be certified by the judge of the court and sent to the state department of corrections. B. On receipt of the claim, the state department of corrections shall file the claim with the department of administration and shall pay the claim from the appropriation for the support of the state department of corrections to the county treasurer of the county where the legal proceedings were held. The county treasurer shall deposit the monies in the county general fund. 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 is discharged from a facility of the state department of corrections there shall be returned to the prisoner everything of value taken on commitment to the state department of corrections, or thereafter received by the prisoner, unless the item is contraband as defined in section 13-2501. B. In addition to items returned pursuant to subsection A of this section, all monies accumulated in a prisoner's dedicated discharge account shall be furnished to every prisoner who is paroled, released on community supervision, released on probation if the court waived community supervision pursuant to section 13-603 or discharged from the state department of corrections. Except for prisoners who are committed to the department as a condition of probation, prisoners who have immediately available financial resources in excess of $250 or prisoners who were previously paroled, released on community supervision, released on probation if the court waived community supervision pursuant to section 13-603 or discharged from the state department of corrections, if a prisoner has accumulated less than $50 in the prisoner's dedicated discharge account, the monies accumulated in the account shall be furnished to the prisoner on the prisoner's parole or discharge, and the state department of corrections shall furnish the difference up to $50. The department may furnish the monies to a prisoner who is released to the community on a stored value card, smart card or other instrument or device that enables a person to obtain goods, services or anything else of value through the use of value stored on the instrument or device. C. A paroled prisoner, a prisoner who is released on community supervision or probation if the court waived community supervision pursuant to section 13-603 or a prisoner who is discharged may be furnished a nontransferable ticket on a railroad or bus serving at or near the place of release to the first railroad, bus station or ticket office beyond the limits of the state in any direction. If the ticket is not used within three days after the date of discharge, unless prevented by illness, it shall be void. D. Notwithstanding subsection B of this section, the department shall furnish clothing not exceeding $35 in cost to each prisoner who is paroled, discharged, released on community supervision or released on probation if the court waived community supervision pursuant to section 13-603. E. One month before the date of discharge, the prisoner shall be permitted to allow the prisoner's hair to grow. F. Notwithstanding subsection B of this section, before a prisoner's discharge the state department of corrections shall withdraw from the prisoner's spendable or dedicated discharge account any applicable fees prescribed by title 28 or the department of transportation's rules for the issuance of either a driver license or a nonoperating identification license to the prisoner, if eligible. 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, each inmate shall be given an educational evaluation, including a standardized assessment test in English or Spanish as selected by the department. Each inmate who fails to score the equivalent of a sixth grade literacy level on the standardized assessment test shall participate in the functional literacy program for a minimum of one hundred twenty instructional days of attendance unless the inmate is released from custody or demonstrates functional literacy before one hundred twenty instructional days have elapsed. Inmates who do not speak English shall take the standardized assessment test in Spanish. Inmates who are assessed to be functionally illiterate and non-English speaking shall participate in regular literacy program instruction or English as a second language program instruction if appropriate. C. An inmate who cannot meet the functional literacy standard due to a medical, developmental or learning disability is not required to participate in the program unless it can be reasonably expected by the person in charge of the functional literacy program that the inmate would benefit from participation. D. An inmate who on commitment to the department has less than six months of incarceration time to serve is exempt from the provisions of this section. E. An identified functionally illiterate inmate who was committed to the department before January 1, 1994 may participate in the functional literacy program. An inmate who chooses to participate in the program must complete the one hundred twenty instructional days of attendance or demonstrate functional literacy before one hundred twenty instructional days have elapsed. F. Except for inmates exempted under subsection C, inmates committed after January 1, 1994 may not receive a wage promotion for labor performed above the lowest wage paid in a job scale before reaching the functional literacy level. After attaining the functional literacy level, an inmate shall receive a wage promotion within the wage scale or a promotional opportunity to a more responsible and higher wage paying job. G. Each inmate who successfully completes the functional literacy program shall be awarded a certificate of educational efficiency. H. The board of executive clemency or other release authority shall take into consideration an inmate's successful completion of the functional literacy program when considering parole, pardon or other release action. I. Pending the appropriation of additional educational resources, for inmates committed to the department after September 30, 1994, the functional literacy level shall be a seventh grade literacy level and for inmates committed to the department after September 30, 1995, the functional literacy level shall be an eighth grade literacy level as measured by standardized assessment testing. J. This section does not apply to inmates: 1. For whom the department receives an order of deportation from the United States immigration and naturalization service. 2. Who are non-English and non-Spanish speaking. K. As used in this section, "functional literacy" means the ability to read, write and perform basic mathematical computations and processes at or above the identified grade level. 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 for the support of dependent children who are receiving assistance pursuant to title 46, chapter 2, article 5, the inmate shall participate in educational instruction to continue the inmate's basic education to the degree of passing a general equivalency diploma test or an equivalency test approved by the state board of education. B. The director of the state department of corrections in cooperation with the director of the department of economic security shall adopt rules to identify those inmates who are responsible for the support of dependent children who are receiving assistance pursuant to title 46, chapter 2, article 5 and to exchange necessary information. C. Inmates responsible for the support of dependent children receiving assistance pursuant to title 46, chapter 2, article 5, who do not participate in educational instruction pursuant to this section shall not receive wages earned for labor performed in excess of the minimum amount necessary for inmate fees, as determined by the director, except that the inmate shall receive ten per cent of all wages earned. All remaining wages earned by the inmate shall be transferred to the general fund to offset the cost of the assistance provided pursuant to title 46, chapter 2, article 5. D. For the purposes of this section, "inmate fees" means those fees established by rule by the director to offset the room and board costs of maintaining the prisoner at the facility, electrical utility costs, cost of medical services and court ordered restitution payments pursuant to section 13-603. 31-229.02. Functionally literate inmates; release eligibility A. Except as provided in section 41-1604.07, subsection F, if an inmate fails to achieve functional literacy at an eighth grade literacy level before the inmate becomes eligible for release pursuant to section 41-1604.07, the inmate is not eligible to begin the inmate's term of community supervision until either the inmate achieves an eighth grade functional literacy level as measured by standardized assessment testing or the inmate serves the full term of imprisonment imposed by the court, whichever first occurs. B. This section does not apply to inmates who are any of the following: 1. Unable to meet the functional literacy standard required by subsection A of this section, due to a medical, developmental or learning disability as described in section 31-229, subsection C. 2. Classified as level five offenders. 3. Foreign nationals. 4. Inmates who have less than six months incarceration to serve on commitment to the department. 5. Released pursuant to section 41-1604.07, subsection B, paragraph 1. 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 required to be deposited in another account shall be deposited in the prisoner's spendable account. B. The director shall adopt rules for the disbursement of monies from prisoner spendable accounts. C. If the court has ordered the prisoner to pay restitution pursuant to section 13-603, unless the court ordered more than twenty percent to be withheld from the prisoner's spendable account, the director shall withdraw a minimum of twenty percent or the court-ordered amount to be withheld, or the balance owing on the restitution amount, up to a maximum of fifty percent of the monies available in the prisoner's spendable account each month to pay the court ordered restitution. D. The director may establish by rule a fee for any deposits made to a prisoner spendable account. The director shall deposit, pursuant to sections 35-146 and 35-147, any monies collected pursuant to this subsection in the department of corrections building renewal fund established by section 41-797. E. Before a prisoner's discharge, the state department of corrections may withdraw from the prisoner's spendable account any applicable fees prescribed by title 28 or the department of transportation's rules for the issuance of either a driver license or a nonoperating identification license to the prisoner, if eligible. 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 custody and control of the department is guilty of a class 2 misdemeanor. B. For the purposes of this section, all prisoners who are detained within a correctional facility or who are supervised in any program outside of a correctional facility are within the custody and control of the department. This section does not apply to prisoners who are on parole, community supervision, work release or home arrest or who are under any other conditional release that does not involve direct and continuous supervision by the department. C. For the purposes of this section, "communication" means: 1. Any verbal or nonverbal communication that poses a direct threat to the safe and secure operation of the department's institutions, programs or inmate labor work crews. 2. Any written communication that includes taking any unauthorized letter, writing, literature or reading material to or from a prisoner who is within the custody and control of the department. 31-232. Family considerations in prisoner placement and visitation rules A. To the greatest extent possible and after accounting for security and capacity factors, the department shall place a prisoner who is a parent of a minor child in a prison facility that is located within two hundred fifty miles of the prisoner's permanent address on record. B. The department shall adopt rules that authorize a prisoner who is a parent of a minor child and who is classified as a low or minimum security risk to be visited by the minor child. At a minimum the rules shall: 1. Provide opportunities for a child who is under eighteen years of age to visit the child's incarcerated parent at least two times each week unless a department employee has a reasonable belief that the dependent child: (a) May be harmed during visitation. (b) Poses a security risk due to the prisoner's gang affiliation, a prior conviction or a previous violation of a contraband policy. 2. Eliminate restrictions on the number of dependent children who are under eighteen years of age who are granted visitation privileges. 3. Authorize contact visits for a prisoner who is a parent of a minor child. 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 of the department of any inmate for the purpose of employing the 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 inmate's temporary removal or release. C. Under specific rules established by the director for the selection of inmates, the director also may authorize release under a continuous alcohol monitoring program for any inmate who is sentenced pursuant to section 28-1383, subsection D or E and who is placed on probation. The director may require an inmate who is released under a continuous alcohol monitoring program to reimburse the state, in whole or part, for expenses incurred by the state in connection with the inmate's release. D. An inmate who is released under a continuous alcohol monitoring program shall meet the following program eligibility requirements: 1. Serve an initial minimum term of twenty per cent of the inmate's term of incarceration. 2. Maintain compliance during the period of monitoring with all of the following requirements: (a) At a minimum, once a day testing for the use of alcoholic beverages or drugs by a scientific method that is chosen by the director. (b) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services. (c) Prohibition of association with any person who is determined to be detrimental to the inmate's successful participation in the program. (d) All other provisions of the inmate's sentence. 3. Any additional eligibility criteria that the director may impose. E. Except if community supervision is waived pursuant to section 13-603, subsection K, the department shall add the amount of time the director approves for the inmate's temporary release to the inmate's term of community supervision imposed by the court pursuant to section 13-603. While the person is on temporary release the person is not on inmate status and is under the jurisdiction of the department until the terms of community supervision are met. F. Any inmate who knowingly fails to return from furlough, temporary removal or temporary release granted under this section is guilty of a class 5 felony. 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 county to permit transfer of prisoners in the custody of the director of the state department of corrections to a jail or other adult correctional facility of such city, county jail district, county, or city and county, if the sheriff or corresponding official having jurisdiction over such facility has consented thereto. The agreement shall provide for payments to the city, county jail district or county in an amount sufficient to reimburse the full costs attached to housing a prisoner otherwise sentenced to the state department of corrections. The amount of payment in the agreement shall be based on an annual audit by the auditor general which shall report the direct average daily cost. B. When an agreement entered into pursuant to subsection A is in effect with respect to a particular local facility, the director of the state department of corrections may transfer prisoners whose terms of imprisonment have been fixed to such facility if each transfer receives written approval from the sheriff or chief of police. C. Prisoners so transferred to a local facility may, with approval of the sheriff, participate in programs of the facility, including work furlough rehabilitation programs. Prisoners so transferred remain in the constructive custody of the director but are subject to the rules of the facility in which they are confined. The state department of corrections shall bear the expense of any special program which is a required condition of confinement. If the state department of corrections does not pay these costs of confinement within fifteen days after receiving written notice from the sheriff or as may be otherwise provided in the terms of a written agreement between the state department of corrections and the sheriff, the sheriff may return the prisoner to the state department of corrections by delivering the prisoner to the nearest state correctional facility. 31-235. Prisoner communications; 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 from a prison maintained by this state. B. An inmate shall not send any communication to the victim of the offense for which the inmate was convicted, or to members of the victim's family or household denoted by the victim, if the victim has requested not to receive any communication pursuant to section 13-4411.01. The department shall inform the inmate of persons to whom the inmate is forbidden to send any communication pursuant to this section and section 13-4411.01. The department shall impose appropriate sanctions, including reducing or denying earned release credits, against an inmate who corresponds or attempts to correspond with a person in violation of the request pursuant to section 13-4411.01. C. An inmate shall not send mail to or receive mail from a communication service provider or remote computing service. The department shall impose appropriate sanctions, including reducing or denying earned release credits, against an inmate if either of the following applies: 1. The inmate corresponds or attempts to correspond with a communication service provider or remote computing service. 2. Any person accesses the provider's or service's internet website at the inmate's request. D. On receipt of notice that an inmate has violated subsection B or C of this section, the department shall review all of the inmate's outgoing communications to ensure that no further correspondence is sent to the victim or to the victim's family or household members who have requested not to receive any inmate communication or to the communication service provider or remote computing service or any person who accesses the provider's or service's internet website. E. For the purposes of this section: 1. "Communications" means any written, verbal or nonverbal communication, including mail, electronic communications and telephone calls. 2. "Communication service provider" has the same meaning prescribed in section 13-3001. 3. "Remote computing service" has the same meaning prescribed in section 13-3001. 31-236. Prisoner inspection or search; state of undress; prohibited acts; exception; report; definition A. To the greatest extent possible and consistent with safety and order the department shall adopt rules that limit a male correctional officer from conducting an inspection or search of a female prisoner who is in a state of undress. This subsection does not limit the ability of a male correctional officer to conduct an inspection or search when a female prisoner may be in a state of undress if a female correctional officer is not available. B. If a male correctional officer determines that it is appropriate to conduct an inspection or search when it is clear that a female prisoner is in a state of undress in a private area, including a shower, a medical examination room or a toilet area, or the location in which the female prisoner is undergoing a body cavity search, the male correctional officer shall submit a report to the warden of the correctional facility within seventy-two hours after the inspection or search that provides the justification for the inspection or search. C. For the purposes of this section, "state of undress" means a female prisoner is partially or fully naked. 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 wages earned by the prisoner pursuant to section 31-254. The department shall continue to deposit the percentage of wages earned by the prisoner in the dedicated discharge account until the account registers a $250 balance or, if the prisoner is serving a sentence of natural life, a $50 balance. B. The monies that are accumulated in the dedicated discharge account shall be distributed to the prisoner on the prisoner's discharge from the department or transfer to a community release status or to home arrest, except that the prisoner may use monies in the account before the prisoner is discharged or transferred for items and services that the prisoner will require immediately after being released or transferred. C. Notwithstanding subsection B of this section, before a prisoner's discharge the state department of corrections may withdraw from the prisoner's dedicated discharge account any applicable fees prescribed by title 28 or the department of transportation's rules for the issuance of either a driver license or a nonoperating identification license to the prisoner, if eligible. 31-238. Incarceration costs; setoff A. The director of the state department of corrections shall establish an annual cost of incarceration for any person who is convicted in a state court and committed to the state department of corrections. B. This cost of incarceration shall reflect the amount of dollars this state spent in behalf of the prisoner and shall equal the average cost of one year's incarceration, and the director shall credit or debit a prorated portion of the cost of incarceration with respect to any such person incarcerated for three hundred thirty-four or fewer days in a given fiscal year. C. The calculation of the number of days of incarceration in a given fiscal year for the purpose of such a fee shall include time served before conviction. D. This state has the right to set off the cost of incarceration calculated under subsection A of this section at any time and without prior notice against any claim made by or monetary obligation owed to a person for whom a cost of incarceration can be calculated, except that twenty percent of any claim or monetary obligation is exempt from this section. E. Based on the average annual cost of incarceration for the previous three years, this state may set off a sum to cover the minimum future incarceration that a person will serve but must tender to the person on release the difference between the amount of monies set off and the actual cost of incarceration, if any. F. If a person for whom a cost of incarceration can be calculated obtains a monetary judgment against this state and the attorney general appears and exercises the rights of this section, any monies set off against the monetary judgment shall be distributed as follows: 1. Seventy percent of the monies set off shall be deposited in the state general fund. 2. Thirty percent of the monies shall be transmitted to the office of the attorney general to cover the costs associated with litigation. 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 correctional facility. The fee shall not exceed two dollars per month. The director shall charge each prisoner who possesses at least one major electrical appliance a utility fee. The director shall deduct the utility fee monthly from the prisoner's spendable account. B. The director shall use the monies collected pursuant to this section to offset the cost of the department's utility expenses. C. The director shall exempt the following prisoners from payment of the utility fee: 1. Prisoners at reception centers. 2. Prisoners in the behavioral treatment unit at the special management unit. 3. Prisoners with developmental disabilities who are housed in a special programs unit. 4. Prisoners who are housed in unit 8 at the Florence prison facility. 5. Prisoners who are inpatients at the Alhambra prison facility special programs psychiatric hospital. 6. Prisoners who are inpatients at the Flamenco prison facility mental health treatment unit. D. The director shall deduct monies credited to an indigent inmate's spendable account for the payment of the utility fee. 31-240. Prisoner education services budget; prohibited uses A. The director shall establish and maintain a dedicated prisoner education services budget for each state prison to identify the monies appropriated to the department and expended for the following education programs: 1. The functional literacy program established pursuant to section 31-229. 2. Adult basic education. 3. General equivalency diploma preparation. 4. Vocational and technical education. 5. Postsecondary education for employment in any of the following industries: (a) Information technology. (b) Transportation and warehousing. (c) Construction. (d) Health care and social assistance. (e) Manufacturing. (f) Finance and insurance. (g) Retail trade. B. The director shall determine the amount of the education services budget monies that are allocated for education programs dedicated to prisoners incarcerated in a special management unit. C. The director shall not spend the education services budget monies for education programs dedicated to prisoners who are sentenced to death or life imprisonment or who are classified as maximum custody. D. Subsection C of this section does not apply to prisoners who are under eighteen years of age and prisoners with disabilities who are under twenty-two years of age. 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 board of dental examiners established by section 32-1203. 2. The Arizona regulatory board of physician assistants established by section 32-2502. 3. The Arizona medical board established by section 32-1402. 4. The Arizona state board of nursing established by section 32-1602. 5. The board of occupational therapy examiners established by section 32-3402. 6. The Arizona board of osteopathic examiners in medicine and surgery established by section 32-1801. 7. The Arizona state board of pharmacy established by section 32-1902. 8. The state board of psychologist examiners established by section 32-2062. B. If an inmate files a complaint with a board pursuant to subsection A of this section, the inmate shall attach a copy of the final department grievance response to the complaint. 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, network, communication service provider or remote computing service. B. An inmate who violates this section is guilty of a class 1 misdemeanor. C. For the purposes of this section: 1. "Communication service provider" has the same meaning prescribed in section 13-3004. 2. "Computer" has the same meaning prescribed in section 13-2301, subsection E. 3. "Computer system" has the same meaning prescribed in section 13-2301, subsection E. 4. "Network" means a complex of interconnected computer or communication systems of any type. 5. "Remote computing service" has the same meaning prescribed in section 13-3004. 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 work at prison sites and to participate, under the security supervision of correctional service officers, in any phase of prison construction, maintenance, renovation or conversion. In addition to the security supervision provided by correctional service officers, personnel from either the state department of corrections or the department of administration may provide project supervision of work crews on job assignments. 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 for not less than forty hours per week, except that not more than twenty hours per week of participation in an educational, training or treatment program may be substituted for an equivalent number of hours of hard labor as prescribed by the director of the state department of corrections. The director may require retention of earnings for the purposes authorized by section 31-254. B. The director shall establish a prisoner labor classification system to insure that: 1. A prisoner receives work assignments commensurate and compatible with the condition and limitations of his physical and mental health. 2. No prisoner participates in a work assignment that threatens the safety or security of the public, the correctional institution or the prisoner. 3. Each prisoner is generally assessed for skills related to the construction and maintenance of prison facilities. 4. Each prisoner who does not present a risk to the public and who is not limited by his physical or mental health may be assigned to a work crew. C. Each prisoner committed to the department shall be classified pursuant to the prisoner labor classification system established by the director. The director or his designee shall review and approve each classification of a prisoner that results in exempting the prisoner from engaging in the hard labor requirements of subsection A of this section. D. In this article, "hard labor" means compulsory physical activity for the attainment of some object other than recreation or amusement but does not include physical activity that is not within the ability of an individual prisoner. E. Notwithstanding any other law, no prisoner given a work assignment or required to perform any labor by the state department of corrections shall be considered an employee or to be employed by the state or the state department of corrections, regardless of whether the prisoner is compensated or not, nor shall an employee-employer relationship exist between the prisoner and the state department of corrections or the state for any purpose and none of the rights or privileges otherwise accorded to employees by law shall accrue to such prisoners. 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 conviction of an offense which would constitute a felony if committed in this state. 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 of the federal government to provide hard labor by prisoners on public works. B. The director shall develop and maintain a cooperative prison labor system for the purpose of establishing plans and procedures for initiating, entering into and executing contracts pursuant to subsection A. The system shall include procedures providing for: 1. Facilitation of communication between the department and other state agencies and political subdivisions regarding the need for and