Arizona's Governor signed a bill into law that requires the Department of Corrections to only contract with a state licensed facility to provide transitional housing services. This may make transitional housing better able to provide services like career counseling. This law will expire after one year.
Arizona's Governor signed a bill into law that requires the Department of Corrections to assist inmates in obtaining documentation needed for postrelease employment. One of the most interesting sections is that an inmates must be provided a driver's license or nonoperating identification. Inmates with prior military service must be given contact information for Veteran's services. The new law outlines all documentation, including ID cards, training records, and work records that DOC must provide inmates to assist them in obtaining postrelease employment. Finally, the law permits DOC to use "any monies available" to cover the costs of this program.
Arizona's Governor signed a bill into law that authorizes the Department of Corrections to release prisoner's medical records to immediate family or a designated individual. The DOC can charge a fee to copy the records, unless they are produced electronically. Interested individuals should check the DOC website for more information.
President Biden signed the Martha Wright-Reed Just and Reasonable Communications Act into law on January 5, 2023. This new law gives the Federal Communications Commission (FCC) authority to regulate the fees charged for telephone services to inmates. The FCC attempted to cap phone rates in 2015 because, at that time, a 15-minute phone call averaged about $17 nation-wide, a fee many low-income families could not afford. The phone service providers sued, claiming the FCC's cap was beyond the scope of their authority. The court agreed, and the cap was lifted. In December 2022, Congress passed the Martha Wright-Reed Just and Reasonable Communications Act that President Biden signed to give the FCC the necessary authority to regulate fees for inmates' calls. The FCC still needs to engage in the rules-making process, which will take some time, but there is some relief on the horizon.
The following was sent from the Arizona
Bar Association to its members.
From: Dave Byers, Director, Administrative
Office of the Courts
August 1, 2022
During the 2021 legislative session, SB 1294 was passed and was then
codified as A.R.S. § 13-911. The provisions contained in this statute
allow an individual who has a previous criminal arrest, charge or
conviction to file a petition in the Court to seal the criminal case
records of that arrest, charge or conviction. This statute has an
effective date of December 31, 2022, and applies to most criminal
violations.
In order for individuals to petition the Court to seal their criminal
case records, they must complete all terms and conditions of the sentence
imposed by the Court and file their petition after the waiting period
designated in statute which is based on the level of violation they are
seeking to have sealed. Unlike the expungement of records under Prop 207,
the sealing of records under A.R.S. § 13-911 does not restrict access of
the sealed records by law enforcement, prosecutors, and others who are
performing specific types of background checks or clearances; nor does it
restrict the use of sealed criminal case records in the assertion of
prior arrests or convictions. What this new law does do is remove the
case records from public access and allow an individual to state that
they have never been arrested for, charged with, or convicted of a crime
that is the subject of the arrest or conviction, including in response to
questions on employment, housing, financial aid or loan applications.
Forms and instructions to pursue sealing of criminal case records are now
available. Eligible individuals may be seeking help with this new process
and its related forms. I write to draw your attention to this new law
because individuals may need assistance in locating case records and
completing the necessary paperwork to complete the process.
Similar to Prop 207, there is no way to predict what the public response
will be to this new law. Regardless of the number, because this is a new
process, I want to make you aware of the law and procedure so that you
can consider providing services to those seeking assistance. To help your
efforts, please see the Administrative Office of the Court’s website for
information, forms, and more. Those resources are available at
https://www.azcourts.gov/selfservicecenter/criminal-law/sealing-records.
Sincerely,
Dave Byers
Director, Administrative Office of the Court