Arizona Department of Corrections, Rehabilitation & Reentry

Revision Date: 
Monday, August 19, 2024

AGENCY CONTACT INFORMATION

Arizona Department of Corrections, Rehabilitation & Reentry

Authority

The Arizona Department of Corrections, Rehabilitation and Reentry was established by Laws 1968, Chapter 198. Statutory authority is found at A.R.S. §§41-1601 et seq. Prior to January 2020, the Department was called the Arizona Department of Corrections. (See Governor Ducey’s State of the State address, January 13, 2020, to the 54th Legislature, Second Regular Session.)

Function

The purpose of the State Department of Corrections (Department) is to encompass the current and future institutions, facilities, and programs that are part of Arizona’s correctional program.

The Department is overseen by a director who is appointed by the Governor. The director must be experienced in adult correctional programs and have qualifications and training for managing a modern penal system. The Department also provides supervisory staff and administrative functions at the state level for “all matters relating to the institutionalization, rehabilitation, and community supervision functions of all adult offenders.” (A.R.S. §41-1602).  

According to the website, the functions of the Department are conducted by a Director, Deputy Director, Chief of Staff, Inspector General, and General Counsel.

Laws governing the operation of state prisons, and the treatment of prisoners are found in A.R.S.  Title 31, Chapter 2. Laws governing the operation of county jails and treatment of those prisoners are found in A.R.S. Title 31, Chapter 1.

History

Since Territorial days, Arizona law has established both county jails, kept by the sheriffs of the counties where they are located; and territorial (state) institutions for adult and juvenile offenders. In 1875, Arizona’s first Territorial Prison was constructed in Yuma. In 1908 the Arizona Prison at Florence was built by inmates and replaced the Territorial Prison at Yuma. A superintendent and board of control were responsible for operating the prisons. For more information on the history of institutions for juveniles, refer to the history of the Department of Juvenile Corrections.

Laws 1941, Chapter 65 transferred the powers and duties of the Board of Directors of State Institutions to the Governor.  The measure also transferred responsibility for the Home for the Aged and Infirm Arizona Pioneers, the State Prison and prison farm, the State Hospital for Disabled Miners and the capitol buildings and grounds.  It was an emergency measure, with an effective date of March 21, 1941.

In 1967, the Legislature appointed a joint study committee to review juvenile corrections in Arizona. The joint study committee appointed a professional advisory committee to conduct a full review of all correctional facilities in Arizona. The advisory committee found numerous problems with duplication and overlap among governmental units at all levels of the state and local corrections systems. The advisory committee recommended establishing a unified corrections system with a uniform set of standards and goals, dedicated accounting staff, and a centralized parole system. The joint study committee concurred with the findings and drafted a bill to create the state Department of Corrections, and transfer to the new department all property and personnel under the Superintendent of the State Prison and the Board of Directors of State Institutions for Juveniles.

Laws 1968, Chapter 198 established the Department of Corrections to consolidate the supervisory staff and administrative functions at the state level of “all matters relating to the institutionalization, rehabilitation, and limited parole functions of all adult and juvenile offenders” (emphasis added). This law added Chapter 11, Articles 1 and 2 to Title 41 of the Arizona Revised Statutes.

Laws 1969, Chapter 81 changed the term “juvenile offender” to “youth offender.” The law added sections dealing with Correctional Industries to the Department’s responsibilities, the purpose of which was to combat idleness, and create work and training opportunities within prisons. This law also repealed those sections from A.R.S. Title 31, Chapter 2, Articles 4 through 9.

Laws 1970, Chapter 40 and Chapter 104 expanded the Director’s powers. Chapter 40 authorized the Director to establish and operate community correctional centers, which were meant to provide housing, supervision, and counseling for parolees and inmates allowed to participate in work and educational programs. Chapter 104 enabled the Director to authorize performance of medical, surgical, or dental services deemed medically necessary by the attending physician or dentist for any person under care of the department (but not employees) when a spouse, adult next of kin, or legal guardian was not available.  A third measure adopted that year, Chapter 174, authorized creation of the Arizona Correctional Training Facility for confinement of male inmates and to provide vocational and industrial training while in custody.

Laws 1972, Chapter 86 authorized Arizona’s entrance into the Interstate Corrections Compact, to provide for mutual program development and cooperation for the confinement, treatment, and rehabilitation of offenders.

Laws 1978, Chapter 164 was a comprehensive measure addressing a number of corrections issues, including juveniles, probation and parole, prisoner labor and compensation, members of the Board of Pardons and Parole, and duties of the Director of the Department.  The law also created the Corrections Industry Advisory Board, consisting of six members appointed by the Governor and two members appointed by the Legislature.

Laws 1989, Chapter 266 created the Department of Juvenile Corrections and established the State Juvenile Educational System Board. This law made other technical corrections and conforming changes to the Department of Corrections and other statutes related to the disposition and commitment of juveniles.

Laws 1993, Chapter 255 made numerous changes to state law on parole, work furlough, home arrest, earned release credits, and other early release programs, and made conforming changes to statutes governing the Department as part of revisions to the criminal code.

Laws 1994, Chapter 195 authorized the director to provide educational services and facilities to house minors who are committed to the Department for criminal offenses, to establish private detention facilities for persons in temporary custody, and to establish private incarceration facilities for minimum to medium security level offenders.  The measure also created the Joint Select Committee on Corrections to review the construction schedule of prisons and monitor the growth or decline of the inmate population in Arizona.  An annual report is due by October 15 each year.

Laws 1997, Chapter 283 outlined requirements for private prisons to operate in the state. A private prison is primarily directed at housing adult prisoners sentenced to incarceration by a court from another state.

Laws 2011, Chapter 33 established the Department of Corrections Building Renewal Fund and allowed monies in the fund to be used to repair buildings and infrastructure.  Funds are derived from various (non-general fund) sources including prisoner spendable accounts, the inmate store, and the ACI revolving fund.  Monies may not be used for new buildings, landscaping, or demolition, although a portion of the monies may be used for routine preventative maintenance.  The measure also outlined correctional reimbursements between counties and the Department.

Legislation enacted in 2017 required the Department to compile an annual report describing drug and alcohol treatment programs available to offenders who are imprisoned, on community supervision or parole.  The report must describe the programs, the number of offenders receiving services, the cost and source of funding for the programs and the names of the treatment providers.  A second measure enacted the same year required the Director to develop a graduated intervention policy for offenders who violate community supervision and required an annual report detailing the use of and completion rates for major interventions.  See Laws 2017, Chapter 33 and Chapter 236.

Laws 2019, Chapter 310 modifies calculation of and eligibility for earned release credits and establishes notification requirements.  DOC is required to prepare an annual report on recidivism rates of those prisoners released under the earned release credits program.  The measure also outlines specific information DOC must report quarterly, including the number of prisoners who received earned release credits; the type of crimes committed; the length of the prison sentence; the number of prisoners released into the transition program; the number of prisoners who received treatment for substance abuse; and success rates.

Laws 2021, Chapter 403 requires the Department to establish the Mental Health Transition Pilot Program to provide seriously mentally ill inmates with mental health transition services.  DOC is required to adopt administrative rules that outline eligibility criteria for inmates.  A study and written report that includes information on recidivism rates and participation is due to the Governor, Legislature, and Secretary of State by December 31 of each year.  The program is repealed on July 1, 2026.

Laws 2022, Chapter 311 requires DOC to establish a community treatment program to provide: a secure environment for imprisoned women and their children; treatment programs for substance abuse and mental health; and skills to become self-sufficient.  The Department is authorized to adopt administrative rules, eligibility requirements for participation, and is required to contract with an experienced non-profit to operate a community treatment program.  To participate in the program, an inmate must be a woman who gives birth to a child while imprisoned and who is scheduled to be released within five years.  Subject to availability of monies, the Department is required to place up to 20 women in the program in the first year of establishing the program.  In the second and each subsequent year, subject to availability of monies, the Department is required to place up to 50 women in the program.

Laws 2023, Chapter 69 requires ADOC to provide relevant documentation to help certain discharged inmates obtain post-release employment.  Documentation includes a driver license or nonoperating identification license; a certified copy of the inmate’s birth certificate; a copy of the inmate’s vocational training record or work record, if applicable; a resume; and for inmates who served in the U.S. military, contact information for the Department of Veterans’ Services. The Arizona Department of Transportation (ADOT) is required to work with ADOC to provide driver licenses or nonoperating identification licenses. Certain limitations apply to inmates who are 65 years of age, are released for medical reasons, or are released to the custody of another jurisdiction.  The measure authorizes ADOC, ADOT, and the Department of Health Services to adopt administrative rules to implement relevant provisions.

Laws 2024, Chapter 59 establishes annual reporting requirements for the Department relating to: inmate deaths, suicides and suicide attempts; assaults; solitary confinement and inmate lockdowns; number of staff, inmate-to-staff ratio; tenure, turnover rate, vacancies and compensation at each facility; in-person visits; and inmate complaints, Department remedies and timeline to resolution. A report is due annually by December 31 to Legislative leadership and Judiciary committee chairpersons.
 

Sources

Arizona Department of Corrections, Rehabilitation & Reentry website

Arizona Memory Project Arizona Department of Corrections agency collection

Arizona Memory Project Arizona Department of Corrections, Rehabilitation & Reentry agency collection

Proposed structural reorganization of correctional programs in Arizona: Report to the Arizona Legislature, a Joint Study Committee on Juvenile Institutions, January 1968

Special report, Arizona Department of Corrections, Rehabilitation and Reentry, Annual Compliance Review of Specific Statutory and Policy Requirements, 2023, Arizona Auditor General, Report 23-103

Performance audit and sunset review, Arizona Department of Corrections, Rehabilitation and Reentry, 2021, Arizona Auditor General Report 21-119

Performance audit, Arizona Department of Corrections, Rehabilitation and Reentry, Review of Specific Self-Improvement or Treatment Programs, 2021, Arizona Auditor General Report 21-118

Performance audit, Arizona Department of Corrections, Rehabilitation and Reentry, Capital Projects Funding and Department Financing, 2020, Arizona Auditor General Report 20-109

Performance audit, Department of Corrections, oversight of security operations, 2011

Sunset review, Department of Corrections, sunset factors, 2011, Arizona Auditor General Report 11-07

    State of the State Address, Governor Doug Ducey, January 13, 2020 (PDF page 22)

    Related collections at Arizona State Archives

    • Record Group 31 – Corrections, Department of
    • Record Group 30 – Corrections Planning, Commission on
    • Record Group 181 – Juvenile Corrections, Department of