HOUSE BILL 2298
AMENDING SECTIONS 31-254, 31-281, 31-282, 31-285, 31-286, 41-1604.07,
41-1609.05 AND 42-3106, ARIZONA REVISED STATUTES; AMENDING TITLE
41, CHAPTER 11, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING
SECTION 41-1609.06; RELATING TO PRISONERS.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 31-254, Arizona Revised Statutes, is amended to read:
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 prison under
contract with the department as a part of the prison industries program shall
receive for the prisoner's work the compensation that the director determines.
The compensation shall be in accordance with a graduated schedule based on
quantity and quality of work performed and skill required for its performance but
shall not exceed fifty cents per hour unless the prisoner is employed in an
Arizona correctional industries program pursuant to title 41, chapter 11, article 3.
If the director enters into a contract pursuant to section 41-1624.01 with a private
person, firm, corporation or association the director shall prescribe prisoner
compensation of at least two dollars per hour. Compensation shall not be paid to
prisoners for attendance at educational training or treatment programs, but
compensation may be paid for work training programs.
B. Whenever a price is fixed for any article, material, supply or services
SERVICE to be produced, manufactured, supplied or performed in connection
with the industries program of the department, the compensation paid to
prisoners shall be included as an item of cost in fixing the price.
C. The compensation of prisoners shall be paid out of the fund established
pursuant to section 41-1624 or out of funds appropriated for that purpose by the
legislature when required.
D. If the compensation due a prisoner is less than two dollars per hour,
mandatory deductions shall be taken for the following purposes in the order
specified:
1. Twenty-five per cent of the prisoner's gross wages until the prisoner's
dedicated discharge account registers a fifty dollar balance.

2. If the prisoner initiates a lawsuit, twenty per cent from all deposits to the
prisoner's spendable account until the court fees are collected in full.
3. If the prisoner was NOT convicted of a violation of title 13 28, chapter 34 4,
FIVE per cent of the prisoner's wages shall be used exclusively to fund the
transition OFFICES established by section 31-283. All monies collected under
this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in
the transition office fund established by section 31-284.
4. If a court has ordered the prisoner to pay restitution pursuant to section
13-603, thirty per cent of the prisoner's compensation shall be spent for the court
ordered restitution.
5. Thirty per cent of the prisoner's wages for court ordered dependent care.
E. If the compensation due a prisoner equals or exceeds two dollars per hour,
the director shall credit to the prisoner's spendable account established pursuant
to section 31-230 an amount equaling fifty cents per hour for each hour
compensation is due plus ten per cent of the adjusted balance remaining after
the mandatory deductions are taken. Mandatory deductions shall be taken for
the following purposes in the order specified:
1. Twenty-five per cent of the prisoner's gross wages until the prisoner's
dedicated discharge account registers a fifty dollar balance.
2. If a court has ordered the prisoner to pay restitution, thirty per cent of the
prisoner's compensation shall be expended for the court ordered restitution.
3. If the prisoner initiates a lawsuit, twenty per cent from all deposits to the
prisoner's spendable account until the court costs are collected in full.
4. Thirty per cent of the prisoner's wages for the room and board costs of
maintaining the prisoner at the facility.
5. Thirty per cent of the prisoner's wages for court ordered dependent care.
F. After the mandatory deductions and obligations are paid by the prisoner, the
remaining monies shall be credited to the prisoner's retention account
established by the director pursuant to section 31-261, subsection B.
G. A prisoner may gain access to the prisoner's trust fund or retention account
−2−

for emergency purposes at the sole discretion of the director.
H. Any monies not expended from the contributing prisoner's trust fund or
retention account for the purposes prescribed in subsection E of this section
shall be paid to the prisoner upon release pursuant to section 31-228.
I. If any prisoner escapes, the director shall determine what portion of the
prisoner's earnings shall be forfeited, and the forfeited amount shall be
deposited in the special services fund established by section 41-1604.03.
J. This section is not intended to restore, in whole or in part, the civil rights of
any prisoner. No prisoner who is compensated under this section shall be
considered to be an employee of or employed by this state, the department or
any private person, firm, corporation or association engaged in a contract
pursuant to section 41-1624.01, and the prisoner does not come within any of
the provisions of the workers' compensation provided in title 23, chapter 6 and is
not entitled to any benefits under title 23, chapter 6 whether on behalf of the
prisoner or of any other person. This subsection does not apply to prisoners who
are employed pursuant to a federally certified prison industry enhancement
program established pursuant to section 41-1674.
Sec. 2. Section 31-281, Arizona Revised Statutes, is amended to read:
31-281. Transition program; drug offenders; report
A. The department shall establish a transition program. The department shall
contract with any private or nonprofit entity to provide eligible inmates with
transition services and shall procure transition services pursuant to title 41,
chapter 23.
B. The director shall adopt rules to implement this article. The rules shall
include:
1. Eligibility criteria for receiving the contracted entity's transition services. To be
eligible, at a minimum, an inmate shall:
(a) Be convicted of a violation of title 13, chapter 34, except that an inmate who
was convicted of a violation of title 13, chapter 14 or 17 or an offense involving
death or physical injury or the use of a deadly weapon or dangerous instrument
is not eligible to participate in the transition program.

−3−

(b) BE CLASSIFIED BY THE STATE DEPARTMENT OF CORRECTIONS AS A
LOW RISK TO THE COMMUNITY.
(C) NOT HAVE BEEN CONVICTED OF A VIOLENT CRIME AS DEFINED IN
SECTION 13-604.04.
(d) HAVE A NONVIOLENT RISK SCORE AS DETERMINED BY THE
DEPARTMENT.
(e) NOT HAVE any unresolved FELONY detainers.
(f) Agree in writing to provide specific information after the inmate is released.
The department shall use the information to prepare the report prescribed by
subsection D, paragraph 3 of this section.
(g) HAVE MADE SATISFACTORY PROGRESS ON THE INMATE'S
INDIVIDUALIZED CORRECTIONS PLAN AS DETERMINED BY THE
DEPARTMENT.
(h) HAVE MAINTAINED CIVIL BEHAVIOR WHILE INCARCERATED AS
DETERMINED BY THE DEPARTMENT.
(i) BE CURRENT ON RESTITUTION PAYMENTS PURSUANT TO SECTION
31-254.
(j) HAVE A NEED AND ABILITY TO BENEFIT FROM THE PROGRAM AS
DETERMINED BY THE DEPARTMENT.
2. A requirement that the contracted entity train mentors or certify that
mentors are trained.
3. The services that may be offered to an inmate.
4. THE CRITERIA FOR INMATES TO PARTICIPATE IN A THREE MONTH
EARLY RELEASE PROGRAM. INMATES ARE NOT REQUIRED TO
RECEIVE AN EARLY RELEASE.
5. A REQUIREMENT THAT AN INMATE MAY BE RELEASED PURSUANT
TO THIS ARTICLE ONLY AFTER THE VICTIM HAS BEEN PROVIDED
NOTICE AND AN OPPORTUNITY TO BE HEARD. THE DEPARTMENT
SHALL PROVIDE NOTICE TO A VICTIM WHO HAS PROVIDED A
−4−

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 TWENTY DAYS AFTER THE
DEPARTMENT HAS MAILED THE NOTICE TO THE VICTIM.
C. In awarding contracts under this section the department shall comply with
section 41-3751.
D. The department shall:
1. conduct an annual study to determine the recidivism rate of persons who
receive the contracted entity's services pursuant to this article.
2. Evaluate the inmate and shall provide the information to the contracted
entity. The contracted entity shall make the final determination of program
eligibility.
3. Submit a written report to the governor, the president of the senate and the
speaker of the house of representatives on or before December JULY 31 of
each year and provide a copy of this report to the secretary of state and the
director of the Arizona state library, archives and public records. The report
shall contain the following information:
(a) The recidivism rate of persons who receive services pursuant to this
article.
(b) The number of persons who received services pursuant to this article.
(c) The number of persons who were not provided services pursuant to this
article and who were on a list waiting to receive services.
(d) The types of services provided.
(e) The number of persons who received each type of service provided.
Sec. 3. Section 31-282, Arizona Revised Statutes, is amended to read:
31-282. Contracted entities; duties; services; definition
A. The entity that contracts with the department to provide transition services
−5−

pursuant to this article shall coordinate all services provided by the entity with
the department.
B. The contracted entity shall establish a network that may include
community and faith-based organizations to make mentoring services and
assistance available to eligible persons before and after eligible persons are
released from confinement UP TO EACH ELIGIBLE PERSON'S
COMMUNITY SUPERVISION END DATE. A contracted entity may provide
the following services to eligible persons:
1. Assistance in placing the person in employment.
2. Assistance in placing the person in job training.
3. Assistance with finding other transitional needs, including housing, food or
treatment services.
4. Assistance in finding health insurance coverage for the person and, if
applicable, medical assistance, including assistance in finding necessary
medication.
5. Mentoring services from the network established pursuant to this
subsection.
C. The contracted entity shall coordinate with the department to assist in
placing eligible persons in appropriate training programs that may include
basic or continuing education courses, anger management, communication
skills, drug treatment, alcohol treatment, or character education OR FAMILY
REUNIFICATION.
D. For the purposes of this section, "eligible person" means a person who is
eligible to receive transition services BASED ON THE PERSON'S RISK AND
NEED as determined by the director pursuant to section 31-281.
Sec. 4. Section 31-285, Arizona Revised Statutes, is amended to read:
31-285. Transition program release; report
A. Beginning on January 1, 2004, An inmate who enters a transition program
pursuant to this article shall be released from confinement three months
earlier than the inmate's earliest release date BASED ON THE INMATE'S
−6−

RISK AND NEED AND RULES ADOPTED PURSUANT TO SECTION
31-281. AN INMATE WHO THE DIRECTOR DETERMINES HAS
PARTICIPATED IN THE PROGRAM BUT WHO IS NOT LOW RISK SHALL
NOT BE RELEASED FROM CONFINEMENT EARLIER THAN THE
INMATE'S EARLIEST RELEASE DATE.
B. The department shall prepare a quarterly report that details the cost
reductions to the department that are directed to the transition program
pursuant to this article AND THE NUMBER OF PARTICIPANTS WHO DID
NOT RECEIVE AN EARLY RELEASE UNDER THE TRANSITION
PROGRAM. The reduction rate shall equal at least seventeen dollars per
inmate per day. The department shall submit a copy of its report to the
governor, the president of the senate and the speaker of the house of
representatives and shall provide a copy of this report to the director of the
joint legislative budget committee, the secretary of state and the director of
the Arizona state library, archives and public records.
C. The state treasurer shall deposit any cost reductions that are identified
pursuant to subsection B of this section in the transition program drug
treatment fund established by section 31-286 for the purpose of providing
transitional services.
Sec. 5. Section 31-286, Arizona Revised Statutes, is amended to read:
31-286. Transition program drug treatment fund
A. The transition program drug treatment fund is established consisting of
monies distributed pursuant to section 42-3106, subsection C and monies
deposited pursuant to section 31-285, subsection C.
B. The department shall administer the fund and shall distribute fund monies
to entities that provide transition services to nonviolent drug offenders.
Monies in the fund are subject to legislative appropriation and are exempt
from the provisions of section 35-190 relating to lapsing of appropriations.
Sec. 6. Section 41-1604.07, Arizona Revised Statutes, is amended to read:
41-1604.07. Earned release credits; forfeiture; restoration
A. Pursuant to rules adopted by the director, each prisoner WHO IS in the
eligible earned release credit class shall be allowed an earned release credit
−7−

of one day for every six days served, including time served in county jails,
except for those prisoners who are sentenced to serve the full term of
imprisonment imposed by the court.
B. Release credits earned by a prisoner pursuant to subsection A of this
section shall not reduce the term of imprisonment imposed by the court on
the prisoner.
C. On reclassification of a prisoner resulting from the prisoner's failure to
adhere to the rules of the department or failure to demonstrate a continual
willingness to volunteer for or successfully participate in a work, educational,
treatment or training program, the director may declare all release credits
earned by the prisoner forfeited. In the discretion of the director forfeited
release credits may subsequently be restored. The director shall maintain an
account of release credits earned by each prisoner.
D. A prisoner who has reached the prisoner's earned release date or
sentence expiration date shall be released to begin the prisoner's term of
community supervision imposed by the court or term of probation if the court
waived community supervision pursuant to section 13-603, except that the
director may deny or delay the prisoner's release to community supervision
or probation if the director believes the prisoner may be a sexually violent
person as defined in section 36-3701 until the screening process is complete
and the director determines that the prisoner will not be referred to the county
attorney pursuant to section 36-3702. If the term of community supervision is
waived, the state department of corrections shall provide reasonable notice
to the probation department of the scheduled release of the prisoner from
confinement by the department. If the court waives community supervision,
the director shall issue the prisoner an absolute discharge on the prisoner's
earned release credit date. A prisoner who is released on the earned release
credit date to serve a term of probation is not under the control of the state
department of corrections when community supervision has been waived and
the state department of corrections is not required to provide parole services.
E. Notwithstanding subsection D of this section, a prisoner who fails to
achieve functional literacy at an eighth grade literacy level shall not be
released to begin the prisoner's term of community supervision until either
the prisoner achieves an eighth grade functional literacy level as measured
by standardized assessment testing or the prisoner serves the full term of
imprisonment imposed by the court, whichever first occurs. This subsection
does not apply to inmates who are any of the following EITHER:
−8−

1. ARE unable to meet the functional literacy standard required by section
31-229.02, subsection A, due to a medical, developmental or learning
disability as described in section 31-229, subsection C.
2. ARE classified as level five offenders.
3. ARE foreign nationals.
4. Inmates who have less than six months incarceration to serve on
commitment to the department.
F. The department shall establish conditions of community supervision it
deems appropriate in order to ensure that the best interests of the prisoner
and the citizens of this state are served. AS A CONDITION OF COMMUNITY
SUPERVISION THE DIRECTOR MAY ORDER A RELEASED PRISONER
TO PARTICIPATE IN AN APPROPRIATE DRUG TREATMENT OR
EDUCATION PROGRAM THAT IS ADMINISTERED BY A QUALIFIED
AGENCY, ORGANIZATION OR INDIVIDUAL APPROVED BY THE
DEPARTMENT OF HEALTH SERVICES AND THAT PROVIDES
TREATMENT OR EDUCATION TO PERSONS WHO ABUSE CONTROLLED
SUBSTANCES. EACH PERSON WHO IS ENROLLED IN A DRUG
TREATMENT OR EDUCATION PROGRAM SHALL PAY FOR THE COST
OF PARTICIPATION IN THE PROGRAM TO THE EXTENT OF THE
PERSON'S FINANCIAL ABILITY. These ADDITIONAL conditions may
include participation in a rehabilitation program or counseling and
performance of community restitution work, except that if the prisoner was
convicted of a violation of sexual conduct with a minor under fifteen years of
age or molestation of a child under fifteen years of age, the department shall
impose as a condition of community supervision a prohibition on residing
within four hundred forty feet of a school or its accompanying grounds. If a
prisoner who reaches the prisoner's earned release credit date refuses to
sign and agree to abide by the conditions of supervision before release on
community supervision, the prisoner shall not be released. When the
prisoner reaches the sentence expiration date, the prisoner shall be released
to begin the term of community supervision. If the prisoner refuses to sign
and agree to abide by the conditions of release, the prisoner shall not be
released on the sentence expiration date and shall serve the term of
community supervision in prison. The department is required to supervise
any offender PRISONER on community supervision until the period of
community supervision expires. The department may bring an offender A
−9−

PRISONER WHO IS in violation of the offender's PRISIONER'S terms and
conditions before the board of executive clemency. For the purposes of this
subsection, "school" means any public, charter or private school where
children attend classes.
G. The director pursuant to rules adopted by the department shall authorize
the release of any prisoner on the prisoner's earned release credit date to
serve any consecutive term imposed on the prisoner. The release shall be for
the sentence completed only. The prisoner shall remain under the custody
and control of the department. The director may authorize the rescission of
the release to any consecutive term if the prisoner fails to adhere to the rules
of the department.
H. If a prisoner absconds from community supervision, any time spent before
the prisoner is returned to custody is excluded in calculating the remaining
period of community supervision.
I. A prisoner shall forfeit five days of the prisoner's earned release credits:
1. If the court finds or a disciplinary hearing held after a review by and
recommendations from the attorney general's office determines that the
prisoner does any of the following:
(a) Brings a claim without substantial justification.
(b) Unreasonably expands or delays a proceeding.
(c) Testifies falsely or otherwise presents false information or material to the
court.
(d) Submits a claim that is intended solely to harass the party it is filed
against.
2. For each time the prisoner tests positive for any prohibited drugs during
the period of time the prisoner is incarcerated.
J. If the prisoner does not have five days of earned release credits, the
prisoner shall forfeit the prisoner's existing earned release credits and shall
be ineligible from accruing earned release credits until the number of earned
release credits the prisoner would have otherwise accrued equals the
difference between five days and the number of existing earned release
−10−

credit days the prisoner forfeits pursuant to this section.
K. The director may authorize temporary release on inmate status of eligible
inmates pursuant to rules adopted by the director within ninety days of any
other authorized release date. The release authorization applies to any
inmate who has been convicted of a drug offense, who has been determined
to be eligible for participation in the transition program pursuant to section
31-281 and who has agreed to participate in the transition program.
Sec. 7. Section 41-1609.05, Arizona Revised Statutes, is amended to read:
41-1609.05. Community accountability pilot program; fund; program
termination; definition
A. The department shall contract with an experienced private or nonprofit
entity to operate a community accountability pilot program to provide eligible
inmates with supervision and treatment services. The department shall
procure community accountability services pursuant to chapter 23 of this title.
B. The pilot program shall initially provide services to not more than one
thousand eligible inmates. At the end of the second year of the pilot program,
the program shall provide services to not more than two thousand eligible
inmates. The program shall provide services that are designed to lower
recidivism rates by providing intensive monitoring and specific treatment.
Inmates shall enroll ENROLLED in the program for at least ninety days
unless MAY BE removed by the director pursuant to subsection E of this
section.
C. The goals of the community accountability pilot program include:
1. Reducing recidivism.
2. Providing treatment and rehabilitation services BASED ON THE
INMATE'S RISK FOR RECIDIVISM AND NEED FOR TREATMENT.
3. Providing supervision through electronic monitoring BASED ON THE
INMATE'S RISK FOR RECIDIVISM AND NEED FOR SUPERVISION.
4. Preparing eligible inmates for independent living following community
supervision.

−11−

5. Enhancing public safety.
D. The community accountability pilot program may provide SERVICES TO
ELIGIBLE INMATES THAT ARE DESIGNED TO LOWER RECIDIVISM
RATES, INCLUDING the following community based services to eligible
inmates:
1. Substance abuse education and treatment.
2. Random mandatory drug testing.
3. Electronic monitoring, remote alcohol testing, global positioning system
tracking and voice identification community tracking.
4. Life skills programming.
5. Employment preparation.
6. Anger management.
7. Parenting skills and, family orientation AND FAMILY REUNIFICATION.
8. Cognitive skills training.
9. General equivalency diplomas and adult basic education.
10. Housing assistance.
11. Health care and stress management.
12. Transportation planning.
13. Group and individual counseling.
E. The director shall identify inmates who are eligible for the community
accountability pilot program and shall determine all supervision, admission
and termination requirements. The director may remove an inmate from the
program. The director may order an eligible inmate to participate in the
program in lieu of parole or community supervision revocation OR IF THE
INMATE IS AT RISK OF VIOLATING OR REVOCATION OF PAROLE OR
COMMUNITY SUPERVISION.
−12−

F. The contracting entity shall operate the program, including the
management of any facility and its staff, the design of the program and the
installation and maintenance of all equipment necessary for operation of any
facility. Facilities that are established and operated under the pilot program
shall be known as community accountability reporting centers. The
contracting entity shall use existing risk assessment scores utilized by the
department to establish three levels of behavior modification and treatment
services BASED ON THE INMATE'S RISK AND NEED. On initial entrance
into the program, an eligible inmate shall be placed in level one. Case
managers shall provide monthly reports to the eligible inmate's supervising
officer, except that a violation shall be reported within twenty-four hours.
G. The contracting entity shall not provide housing for eligible inmates who
participate in the pilot program. The department may require the contracting
entity to provide guidance and counseling to participating eligible inmates
who require assistance in locating and obtaining housing.
H. After an eligible inmate has been in the program for sixty days or more,
the department may require as a condition of program participation that the
eligible inmate pay a supervision fee, unless the inmate is determined to be
indigent. The case manager shall monitor the collection of the fee. Monies
collected pursuant to this subsection shall be deposited, pursuant to sections
35-146 and 35-147, in the community accountability fund established
pursuant to subsection I H of this section.
I. The community accountability fund is established consisting of fees
collected pursuant to subsection H G of this section. The director shall
administer the fund for the purposes of this section. Monies in this fund are
continuously appropriated.
J.. During EACH year of operation of the pilot program, the contracting entity
shall provide monthly reports to the department and the joint legislative
budget committee. Beginning in the second year of the pilot program, the
contracting entity shall report at least annually to the department and the joint
legislative budget committee.
K.. The pilot program established by this section ends on July 1, 2012
pursuant to section 41-3102.
L. This section does not prohibit the department from offering housing to
−13−

eligible inmates.
M. For the purposes of this section, "eligible inmate" means an inmate who is
on community supervision or who is eligible for community supervision and
who has not been convicted of a violent CRIME as defined in section
13-604.04, a dangerous crime against children as defined in section
13-604.01 or a sexual offense pursuant to title 13, chapter 14 or 35.1.
Sec. 8. Title 41, chapter 11, article 1, Arizona Revised Statutes, is amended
by adding section 41-1609.06, to read:
41-1609.06. Teaching offenders to live program
A. AS A COMPONENT OF THE COMMUNITY ACCOUNTABILITY PILOT
PROGRAM ESTABLISHED BY SECTION 41-1609.05, THE DEPARTMENT
SHALL OFFER A TEACHING OFFENDERS TO LIVE PROGRAM TO
ELIGIBLE INMATES IN ONE OR MORE PRISON LOCATIONS AS
DETERMINED BY THE DEPARTMENT AS A RELAPSE PREVENTION AND
EDUCATION PROGRAM.
B. THE GOALS OF THE PROGRAM INCLUDE REDUCING INCIDENTS OF
AN INMATE'S RELAPSE, REVOCATION OF COMMUNITY SUPERVISION
AND RECIDIVISM BY:
1. PROVIDING EVIDENCE BASED TREATMENT AND RELAPSE
PREVENTION SERVICES.
2. PREPARING ELIGIBLE INMATES FOR INDEPENDENT LIVING
FOLLOWING COMMUNITY SUPERVISION.
3. ENHANCING PUBLIC SAFETY.
C. AN ELIGIBLE INMATE SHALL PARTICIPATE IN THE PROGRAM
DURING THE PERIOD OF TIME FOLLOWING THE INMATE'S RETURN TO
CUSTODY WITH A WARRANT FOR A VIOLATION OF THE OFFENDER'S
CONDITIONS OF SUPERVISION AND BEFORE THE OFFENDER'S
COMMUNITY SUPERVISION REVOCATION HEARING IS HELD BY THE
BOARD OF EXECUTIVE CLEMENCY.
D. AT THE REVOCATION HEARING THE DEPARTMENT MAY ADVOCATE
FOR THE INMATE'S CONTINUANCE ON COMMUNITY SUPERVISION IF
−14−

THE INMATE HAS GRADUATED FROM THE PROGRAM AND IS
OTHERWISE IN COMPLIANCE WITH THE DIRECTOR'S RULES.
E. THE BOARD OF EXECUTIVE CLEMENCY SHALL MAKE THE FINAL
DECISION TO RELEASE THE INMATE.
Sec. 9. Section 42-3106, Arizona Revised Statutes, is amended to read:
42-3106. Monies allocated to the drug treatment and education fund; state
department of corrections revolving fund
A. Notwithstanding any law to the contrary, seven per cent of the monies
collected pursuant to section 42-3052, paragraph 1 and eighteen per cent of
the monies collected pursuant to section 42-3052, paragraphs 2, 3 and 4
shall be deposited in the drug treatment and education fund established by
section 13-901.02.
B. Notwithstanding any law to the contrary, three per cent of the monies
collected pursuant to section 42-3052, paragraph 1 and seven per cent of the
monies collected pursuant to section 42-3052, paragraphs 2, 3 and 4 shall be
deposited in a separate revolving fund of the state department of corrections.
C. Notwithstanding any law to the contrary, for fiscal year 2003-2004, five
hundred thousand dollars of the monies deposited in the separate revolving
fund of the state department of corrections pursuant to subsection B of this
section shall be distributed to the transition program drug treatment fund
established by section 31-286.
D. C. For fiscal year 2003-2004 and thereafter, any remaining Monies in the
separate revolving fund of the state department of corrections after
distribution to the transition program drug treatment fund shall be used for
the FOLLOWING purposes of both:
1. Implementing section 31-411.01.
2. Offender participation in appropriate drug treatment or education programs
that are administered by a qualified agency, organization or individual and
that are approved by the department of health services for offenders who the
state department of corrections determines have a history of substance
abuse and who have been released from confinement.

−15−

E. D. Monies that are deposited in the state department of corrections
revolving fund pursuant to subsection B of this section shall not revert to the
state general fund if unexpended at the close of the fiscal year.
F. E. If the state department of corrections receives a federal grant, any
portion of the monies that are deposited pursuant to subsection B of this
section may be used as a cash match.
APPROVED BY THE GOVERNOR JUNE 13, 2007.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 14, 2007.
(EFFECTIVE DATE SEPTEMBER 19, 2007)

−16−