Report to the Joint Select Committee on Corrections

              REPORTTO THE

JOINTS ELECTC OMMITTEOEN

CORRECTIONS

TERRYL . STEWART

Director

October 30,1997

REPORT TO THE

JOINTS ELECTC OMMITTEOEN

CORRECTIONS

TERRYL . STEWART

Director

October 30,1997

CONTENTS

Introduction ................................................................. 1

Prison Population Trends and Projections ........................................ 2

Population Growth Trend Graph ......................................... 3

Admission and Release Trends Graph ...................................... 4

Trend in Admission by Type Graph ....................................... 5

Population Projection Accuracy Graph ..................................... 6

Prison Population Projections Graph ...................................... 7

PrisonConstruction ........................................................... 8

Private Prison Operations ..................................................... 10

Private Prisons Table .................................................. 1.1

Inmate Education Overview ................................................... 1 2 Inmate Education Budget ..................................................... 1 4

InmateWorkPrograms ...................................................... 15

Work Training Programs Table .......................................... 1 6

Community Betterment Projects Table .................................... 1 8

WorkIncentivePayPlanTable .......................................... 2 3 Arizona Correctional Industries ................................................ 2 9 ACI Owned- and- Operated Enterprises and Activities Table .................. 3 0 ACI Private Sector Labor Contracts ...................................... 3 2 ACI Intergovernmental Agency Agreements ............................... 3 3

ACI Prison Industry Enhancement Program Table .......................... 33 ACI Program Descriptions .............................................. 3 4

MedicalFees ................................................................ 38 Health Need Requests Submitted Table ................................... 3 8

Health Need Requests Revenue Table ..................................... 38 Health Need Requests Revenue Table ..................................... 39

Medical Encounters Table .............................................. 39

Percentage of Medical Encounters ChargedIExempt ......................... 3 9

Orthopedic Costs Table ................................................. 39

CourtFees .................................................................. 40

Calendar Year 1996 Filing Fees Table ..................................... 4 0

UtilityCharges ............................................................. 4.1

Holidaypackages ............................................................ 4 2

Religious Freedom Restoration Act ............................................. 4 3

LegalAccess ............................................................... 4.5

InmateEscapes ............................................................. 4.8

INTRODUCTION

The information contained within this report was prepared by the Arizona Department of Corrections

( ADC) for the October 30, 1997 meeting of the Joint Select Committee on Corrections ( JSCC).

The JSCC was established by Laws 1994, Chapter 195. Pursuant to A. R. S. 5 41 - 161 0.04, the JSCC

is required to receive testimony from the Department of Corrections regarding prison population and

other matters relating to prison construction or prison operations. Consistent with the charge of the

JSCC, this report contains pertinent information relating to the operation of the Arizona prison

system.

The document reviews information relating to the following subjects: prison population growth and

projections; prison construction schedules; private prisons operations; inmate education; inmate

work programs; Arizona Correctional Industries; medical, court and utility fees; legal access;

Holiday packages; inmate legal access to the courts; the Religious Freedom Restoration Act; and,

inmate escapes.

PRISON POPULATION TRENDS AND PROJECTIONS

The information below summarizes the trends and projections of the prison population. The graphs

on the following pages detail population trends by growth, admissions and releases, population

projection accuracy and population projections.

Over the period January 1989- September 1997, the Arizona prison population grew by an

average of 105 inmates per year.

Peak growth in the prison population came during 1994 ( 1 58 per month) and 1995 ( 1 50 per

month).

Following the 1994- 95 peak, population growth dropped to 86 per month during 1996 and

107 per month during 1997 through September.

Over the period January 1994- September 1997, actual population growth matched projected

population growth at 127 inmates per month.

The drop in population growth from 1995 to 1996 was fed in part by a 2% drop in prison

admissions and in part by an increase in releases of short- term offenders under Truth- in-

Sentencing. The Department lost 45+ admissions per month with the closing of the Shock

Incarceration Program.

rn Admissions were back up by 9% during the first nine months of 1997, however, releases

have also continued at a higher level. The Department expects reduced growth in releases

beginning in mid- to- late 1997.

The Department anticipates a significant increase in admissions of juvenile offenders

pursuant to Proposition 102lSenate Bill 1446. Proposition 200 is expected to have only a

very minor impact on admissions and population, reducing drug possession admissions by

10%.

The prison population is growing at the rate of 1 15 per month or 1,380 per year independent

of the impact of Propositions 102 and 200. With their impact taken into consideration, the

growth rate over the next five fiscal years ( FY 1998 and FY 2002) is expected to jump to

158.

The total impact of the two propositions is expected to grow to 1,912 by June 30,2000.

The current minors ( juvenile) population in the Department stands at 105. With the impact

of Proposition 102lSenate Bill 1446, the minors population is expected to grow to 441 by

June 30, 1998; to 1,094 by June 30, 1999; and to 1,269 by June 30,2000.

ADMISSION AND RELEASE TRENDS

1989 1990 1991 1992 1993 1994 1995 1996 1997 ( 9 Mos.)

Calendar Year

v Admissions A Releases

TREND IN ADMISSIONS BY TYPE

0 r

1989 1990 1991 1992 1 993 1994 1995 1996 1997 ( 9 Mos.)

Calendar Year

7 Regular Court Commitments -- e- Flat- Term Probation Commitments

A Release Violators Returned a Shock and Other Admissions

POPULATION PROJECTION ACCURACY

January 1994 to September 1997

12/ 94- 4195 5/ 95- 9196 10196- 9197 COMPOSITE

r--- 1

I 1 Projected Growth

I Actual Growth

PRISON CONSTRUCTION

The following four projects are under construction in the Arizona prison system:

1. The 4,150- bed Arizona State Prison Complex ( ASPC) - Lewis;

2. The 400- tent bed, Level 2, expansion of the North Unit at ASPC- Florence;

3. The 800- bed, Level 4, Dakota Unit at the ASPC- Yuma; and,

4. The security improvements at the ASPC- Perryville.

Laws 1995, Chapter 2, First Special Session, appropriated $ 2 million from the corrections fund to

the Department of Administration ( DOA) in Fiscal Year 1996 for a master plan, studies, site

acquisition costs and site development costs for a new prison facility. The appropriation was

authorized for only non- site specific purposes until the new complex was sited by the Arizona

Legislature.

During its July 1995 meeting, the JSCC recommended a site in Buckeye, Arizona, for the location

of the new prison facility. Laws 1996, Chapter 337, sited the facility, appropriated $ 141.1 million

over three fiscal years for its design and construction, and identified the level and number of beds

to be built. The facility, named the ASPC- Lewis, is to consist of a 350- bed level five minors unit,

a 600- bed level three female unit, two 800- bed male level three units and two 800- bed male level

four units.

The current estimate for the project is $ 162.7 million, $ 19.6 million more than the total appropriated

amount. The unexpected cost increase is attributable to an inability to achieve any savings through

value engineering because of design efficiency, issues associated with water and the waste water

treatment plant, infrastructure modifications for future expansion of the juvenile and female units,

and an unfavorable bid climate due to other significant projects including the Bank One Ballpark,

the United States Courthouse, and the City of Phoenix Courthouse.

The tentative construction schedule provided by the contractor is delineated below

First 800- bed level 3 unit

First 800- bed level 4 unit

Second 800- bed level 3 unit

Second 800- bed level 4 unit

350- bed Minors unit

600- bed Female unit

July 1998

January 1999

May 1999

September 1999

February 2000

June 2000

The estimated completion date for the 400- bed tent project at the ASPC- Florence, North Unit, is

October 1, 1997. The tent slabs have been poured and the tent frames have been erected. The

addition of 21 tents had substantial completion as of August 5, 1997. The water, sewer and electric

hook- ups are proceeding. The modular building contract has been awarded and its substantial

completion is expected within ninety days. The perimeter fence is 95% complete, and only requires

completion of the sallyport and gates installed at the construction access opening.

The construction schedule for the 800- bed, level 4, Dakota Unit at ASPC- Yuma is as follows:

Perimeter Fence

Administration/ Kitchen/ Dining

First Housing Unit

Second Housing Unit

Third Housing Unit

Forth Housing Unit

Lockup and Medical

March 5,1997

May 4, 1998

May 4, 1998

June 3, 1 998

July 3, 1998

August 3, 1998

August 20,1998

The Arizona Legislature appropriated $ 4,479,400 to DOA in Fiscal Year 1998 for security

improvements at the ASPC- Penyville. $ 2,673,200 was appropriated from the corrections fund, while

the remaining monies were reappropriated from the Fiscal Year 1998 ADC operating budget. The

legislation reverts any monies remaining from the operating budget share of the appropriation back

to the ADC.

The entire project was divided into two components. The DOA is responsible for the cell and

electronic security improvements, while the ADC is responsible for the control room and unit

security improvements. The DOA share of the project includes the following:

Replace Cell Locks Replace Electronic Locking System

Replace Cell Doors and Frames Install Astragals on Doors

Replace Monitoring System Install Food Passes

Replace Control Panels

The ADC segment of the project is limited to control room improvements and unit security

improvements. The specific projects are as follows:

Control Rooms

Raise Counters

Install Escape Hatch

Install Slam Lock

Install Speak thru

Install Pass thru

Unit Security

Install Pedestrian Gate

Install Intercom ( Between Gate and Control

Room)

Install CJameras to Monitor Unit

The construction schedule for the DOA scope of work is summarized below.

Notice to Proceed

Construction Begins

First Building Complete

Estimated Completion Date

May 19,1997

June 22, 1997

Sept. 9, 1997

March 20, 1997

In regard to the construction schedules for the ADC scope of work, the control room improvements

are to be completed by September 9, 1997, while the construction on the unit security improvements

is set to begin on September 22, 1997, and be completed by January 5, 1998.

PRIVATE PRISON OPERATIONS

The information in this section provides a synopsis of the private prisons under contract with the

Department. The table on the following page details the activation date, capacity, population and per

diem rate of each facility.

Marana Community Correctional Treatment Facility

The facility is located in Marana, Arizona, operated by the Management and Training Corporation,

and incarcerates offenders convicted of Driving- Under- the- Influence @ UI) and general population

male and female inmates with substance abuse problems. In addition to work opportunities,

programs, academic classes, recreation and religious programs, the inmate schedule revolves around

substance abuse treatment. The facility provides a 14- week intensive substance abuse treatment

program. The program begins with an initial evaluation and assessment of each inmate. This is

followed by 4% hours of group counseling and three hours of life skills classes on a weekly basis.

The aftercare program includes three hours of weekly group counseling on a weekly basis and bi-weekly

individual counseling.

Arizona State Prison ( ASP) - Phoenix West

The facility is located in metropolitan Phoenix, operated by Correctional Services Corporation and

incarcerates 400 male DUI inmates. In addition to various work opportunities, h a t e s are assigned

to academic classes, religious, and recreational programs. The facility provides an intensive

substance abuse program, focusing on the many aspects of alcoholism. This program covers the

effects of alcohol on the body, addiction, withdrawal and recovery. Inmates are required to

participate in the Stage I and I1 programs, which total 36 hours of treatment. Stage I programming

consist of 12- Step meetings or an alternative, lectures on chemical dependency and life management,

family or couples group counseling, and individual sessions with a therapist. Stage I1 programming

provides the natural progression of substance abuse treatment, and includes the 12- Step program or

its equivalent and the accompanying counseling programs.

ASP- Florence West

The facility has been located northwest of the ASPC- Florence and will be operated by Correctional

Services Corporation. The facility was activated on October 1, 1997. The institution will incarcerate

a total of 600 male prisoners, but two distinctive groups of inmates. ASP- Florence West will be

divided into three housing units, one unit will house 200 Return- to- Custody ( RTC) inmates, while

the remaining two units will house 200 DUI inmates respectively. RTC inmates are convicted felons

who have been returned to the Department awaiting due process hearings for allegedly violating

conditions of release imposed by the Board of Executive Clemency or by the Department.

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INMATE EDUCATION OVERVIEW

The Department has developed a new Education Plan and is in the first phase of its three- year

implementation. This section summarizes the Department's new direction in educational

programming.

Adult Literacy is the cornerstone of ADC's education program. The Department estimates that 72%

of all new commitments will require mandatory remedial education to meet the Arizona standard of

an eighth grade equivalency. This estimate is based on the most recent random sampling of 5,760

inmates tested at reception during the 1997 Fiscal Year.

Beginning this Fiscal Year the Department has established new incentives for inmates to meet this

mandate through the Work Incentive Pay Program ( WIPP). In addition, the Department has

completed the placement of a new common core curriculum to standardize educational

programming. This common core curriculum allows inmates to encounter the same textbooks and

computer- assisted learning materials at all institutions.

The Department has an ambitious goal to increase GED completions by 5% per year. Again, the

Department will establish work opportunity incentives for inmates to encourage enrollment and

completion of the High School Equivalency Diploma.

The High School Equivalency will be made mandatory for enrollment in the Vocational Training

classes taught by community colleges. In some cases these courses have undergone substantial

revisions to prepare inmates for job skills which can be utilized within the prisons and lead to entry-level

skills in the workplace upon release. These courses include building maintenance and janitorial

maintenance, construction skills, and business/ computer skills. The Department will strive to provide

every inmate, who is without a High School Diploma or an Equivalency Diploma, with productive

job training and real- world work experience.

The Department is focusing training efforts on inmates who show the greatest motivation to reform,

and who will be completing their incarceration in the near- term, so they will return to the society as

taxpayers and law- abiding citizens. The combination of successful completion of education and

acquiring real- world job skills is a critical element in efforts to lower recidivism.

The following information provides a current snapshot of inmate daily involvement in educational

programs.

H 12,403 inmates participating in education programs.

H 3,395 inmates participating in the Functional Literacy Program.

3,976 inmates participating in the General Equivalency program.

H 2,346 inmate participating in Adult Basic Education.

1,785 inmates participating in Vocational Training.

548 inmates participating in English as a Second Language.

353 inmates participating in Special Education.

The following reviews some of the educational achievements of student inmates during Fiscal Year

1997:

779 inmates were awarded General Equivalency Degrees.

468 inmates were awarded vocational certificates numbered, and the average program

duration was between eight to twelve months. This duration requires inmates to remain in

a status that permitted their continuing attendance and enabling their completion of the

program.

The Mandatory Literacy Program included 7,496 inmate students.

There were 476 inmate students who completed the 300- hour requirement for mandatory

literacy but did not meet the sixth grade standard.

There were 3,250 inmate students who met or exceeded the sixth grade standard.

There were 10,328 inmate enrollments in vocational classes ( there are multiple classes that

make up each vocational program and this figure counts each class an inmate enrolled in as

a part of the vocational program).

There were 3,610 inmate students in the post secondary program. This would include

developmental, legal research or vocational support programs required as a part of a

vocational program.

There were 63 special education inmate students and 6 disabled ( 504) special education

inmate students.

EDUCATION BUDGET

The Department's Fiscal Year 1998 education budget is $ 10,782,500. The budget is allocated for

the following programs in the identified amounts.

1. Functional Literacy: Program mandated by statute for eligible inmates who fail to score the

equivalent of an eighth grade literacy level on a standardized test. ($ 4,109,600)

2. Adult Basic Education: Complimenting the Functional Literacy Program, this instructional

effort is on reading, writing and arithmetic. ($ 862,300)

3. General Equivalency Diploma: Program in place for inmates trying to complete

requirements needed to obtain a high school equivalency diploma, and includes GED

practice tests and study guides. ($ 1,525,900)

4. Vocationa~ echnical: P rogram aimed at developing useful trades and slulls in inmates, and

utilizes relevant textbooks and manuals related to subject matters. ($ 3,460,700)

5. Special Education: Program mandated by federal and state law for inmates under the age

of 18 and for inmates with disabilities who are 2 1 or younger. ($ 824,000)

It is important to note that there are certain amounts of carryover funds, estimated to be

approximately $ 50,000, that have not been reflected in the estimated expenditures. However, these

monies are dedicated to the education of the minors incarcerated within the prison system.

INMATE WORK PROGRAMS

A. R. S. fj 3 1- 25 1 grants the Department the authority to require that each able- bodied prisoner engage

in work for not less than 40- hours per week, except that not more than 20- hours per week of

participation in an educational, training or treatment program may be substituted for an equivalent

number of hours for work.

The Department is striving to create a natural programming progression for inmates from education

to work. Since many inmates lack the basic educational, vocational and social skills necessary to

enhance community integration and economic self- sufficiency, this strategy places greater emphasis

on education and allows employment opportunities to serve as the reward, thereby optimizing

prisoner participation in educational programs and promoting successful completion.

Excluding jobs with Arizona Correctional Industries, the following three types of employment are

available to inmates:

1. Work Incentive Pay Programs ( WIPP): The program allows inmates to utilize experience,

training and expertise in meaningful employment while supporting their needs.

2. Community Betterment Projects ( CBP): Work that assist local governmental and non-profit

organizations in meeting goals, while providing the inmate an opportunity to earn a

wage and improve the community.

3. Work Training Programs ( Vocational Training): Instruct the inmate in marketable and

employable skills that benefit the prison by providing labor and the inmate by preparing for

future employment.

The work programs are designed to meet statutory requirements as well as develop employable skills

and a work ethic. All three work components provide inmates with the opportunity to earn a wage

that may be utilized by the inmates to procure personal sundries and meet other financial needs.

However, it must be noted that there are limits on the number of inmates that can work. These

limitations include medical or serious mental health needs, lock down status or out to court. Other

limits include selected housing assignments such as protective segregation, a death sentence, special

management units, reception center, or county jail.

The following three tables review the WIPP, CBP and vocational training jobs currently employing

inmates.

Work Training Programs ( Vocational Training)

Institution

ASPC- YUMA

ASPC - WINSLOW

ASPC - DOUGLAS

ASPC- FLORENCE

ASPC- EYMAN

ASPC - SAFFORD

Work Training Programs

( Vocational Training)

No Vocational Training

Building Trades

Office Skills

Computer Drafting

Small Business

Building Maintenance

Masonry

Horticulture

Fire Science

Janitorial Service

Business Skills

Computer

Graphic Arts

Carpentry

Masonry

Plumbing

Concrete

Computer

Drafting

Janitorial

Upholstery

Building Maintenance

Small Business Management

No Vocational Training

Location

N/ A

Coronado Unit

Coronado Unit

Kaibab Unit

Kaibab Unit

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

Meadows Unit

Meadows Unit

Meadows Unit

Rynning Unit

Cook Unit

Cook Unit

N/ A

Inmates

Employed

N/ A

16

10

26

14

2 5

22

2 1

27

0 ( New

Program)

94

29

5 -

6

13

16

3 8 -

17

13

10

11

13

17

N/ A

r

Institution

ASP - FORT GRANT

ASPC- TUCSON

ASPC- PHOENIX

ASPC- PERRYVILLE

Work Training Programs

( Vocational Training)

Building Maintenance

Sheet Metal

Masonry

Business Machines

Business Tech

Computer Application

Graphic Arts

Vocational Business

Electronics

Waste Water Management

Computer

Construction

Computer Application

TOTAL NUMBER OF INMATES EMPLOYED 742

Location

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

ACW On- Site

ACW On- Site

On- Site

Inmates

Employed

32

2 3

3 1

18

26

24

16

4

3 8

24

3 8

2 0

5

Community Betterment Projects

Institution

ASPC- YUMA

ASPC- WINSLOW

Navajo Army Depot Crew

ASPC- DOUGLAS Forest Service - Fencing,

Dam Building, Trail

Location

City of Yuma

City of Yuma

State Highway

County

Community Betterment

Projects

City of Yuma

City Crew/ Court/ ADOT

ADOT

Navajo County Labor

Inmates

Employed

49

12

36

8

Institution

ASPC- SAFFORD

National Guard Armo

Graham County Landfill

Safe House Safford 11

Community Betterment

Projects

Safford Public Works

Graham County Fairgrounds

Eastern Arizona College

Clifton Town Crew

Greenlee County

Pima Town Crew

Thatcher Town Crew

Duncan Schools

Sacred Heart Cemetery

Greenlee County Landfill

Duncan Cemetery

Location

Safford

Safford

Thatcher

Clifton

Clifton

Pima

Thatcher

Duncan

Morenci

Clifton

Duncan

Inmates

Employed

16

10

9

17

12

12

9

12

11

11

11

Institution

ASP - FORT GRANT

ASPC- TUCSON

ASPC- PHOENIX

Community Betterment

Projects

Wilcox Public Works

ADOT

BLM

ADOT

Graffiti Abatement

Museum Fence Weavers

Town of Winkleman

ADOT

Forest Service

Gila County Landfill

epartment of Health

Location

Wilcox

Safford/ Wilcox

Safford

Off- Site

Off- Site

Off- Site

Winkleman

Globe

Roosevelt

Globe

ASPC- PERRYVILLE

Inmates

Employed

13

24

12

8 6

10

9

13

13

20

4

Motor Vehicle Division

Office of Tourism

Motor Vehicle Division

ADOT

Phoenix

Phoenix

On- Site

Highways

7

4

42

27

Inmates

Employed

20

3 2

8

7

3 1

1,389

Location

County

County

Buckeye

Surprise

Highways

Institution

ASPC- PERRYVILLE

TOTAL NUMBER OF INMATES EMPLOYED

Community Betterment

Projects

University of Arizona Farms

Maricopa Flood Control

District

City of Buckeye

City of Surprise

ADOT

WIPP

Carpenters

Clerks

Construction Crew

General Labor Crew

Heavy Equipment Operator

On- Site

On- Site

On- Site

On- Site

On- Site

7

32

15

102

4

Inmates

Employed

15 1

40

23

23

165

30

4

23

7

3 00

Location

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

Institution

ASPC- WINSLOW

ASPC- DOUGLAS

WIPP

Kitchen Workers

Laundry Workers

Motor Pool

Painters

Porters

Recreation Workers

Shoe Shiners

Warehouse & Inmate Store

Welders

Yard Landscapers

Institution

ASPC- DOUGLAS

ASPC- FLORENCE

WIPP

WarehouseIInrnate Store

Workers

Welders

Special Projects

Kitchen Workers

ASPC- EYMAN

Location

On- Site

On- Site

On- Site

On- Site

Inmates

Employed

2 8

6

68

3 76 -

Education Aides

Clerks

Porters

Barbers

Recreation Aides

Store Workers

General Labors

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

6 1

54

272

15

46

16

46 1

Institution

ASPC- EYMAN

ASPC - SAFFORD

Location

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

WIPP

Maintenance

Kitchen Worker

Janitors

Laundry

Concrete Crew

Maintenance

Concrete Crew

Laundry Workers

Fire Crew

Motor Pool

1

Inmates

Employed

72

500

5

5 0

2

156

55

2

7

11

ASP - FORT GRANT

Recreation

Education Aides

Painters

Clerks

Porters

Farmer Workers

Barbers

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

On- Site

26

18

3

15

3 3

15

7

INSTITUTION

ASP - FORT GRANT

ASPC- TUCSON

Location

On- Site

On- Site

On- Site

On- Site

WIPP

General Labors

Education Aides

Maintenance

Janitors

Inmates

Employed

125

2 1

4 1

5 4

Inmates

INSTITUTION WIPP Location Employed

ASPC- TUCSON Stable Workers On- Site 4

ASPC- PHOENIX Education Clerks On- Site 15

Clerks On- Site 7 8

Maintenance Workers On- Site 56

Kitchen Workers On- Site 223

Maintenance Workers On- Site 26

Laundry Workers On- Site 5 1

General Labors On- Site 1000

Porters On- Site 186

Recreation Workers On- Site 2 8

Motor Pool On- Site 22

TOTAL NUMBER OF INMATES EMPLOYED 13,025

ARIZONA CORRECTIONAL INDUSTRIES

Arizona Correctional Industries ( ACI) is often referred to as the Division of the Department with

responsibility for inmate work programs; however this may be somewhat misleading. While on any

given day the vast majority of workable prisoners in Arizona are employed, most do not work in ACI

jobs. Instead the majority of work opportunities are those reviewed in the previous section of this

report, specifically, they are WIPP, CBP and vocational training jobs. Only a small percentage of

the workable inmate population are engaged in Arizona Correctional Industries work programs.

ACI is legislatively mandated to operate in a fiscally self- sufficient manner without any appropriated

funding. In essence, this mandate requires ACI to operate in the highly- regulated and structured

environment as state agency, but perform like a private sector business. ACI generates its revenues

through the sale of inmate produced goods and services which pay all operational costs, including

salaries of staff and inmates, plus all other expenses associated with its operations including the

resources necessary for development and expansion.

ACI work programs represent highly sought- after jobs in the Department which most closely reflect

the kinds of employment opportunities found in the community. More specifically, ACI's

enterprises and activities provide inmates with an opportunity to learn and practice good basic work

habits and acquire job- specific skills that will best prepare them for release. Many of these programs

also enable participating inmates to take fiscal responsibility for their actions by requiring them to

contribute to the cost of their incarceration andlor contribute to family support and victim

compensation.

The information contained on the following pages provides an " at a glance" overview of existing

Arizona Correctional Industries work programs statewide and is organized into four sections which

represent the following categories of ACI work programs: ( 1) ACI Owned- and- Operated Enterprises

and Work Programs; ( 2) ACIIPrivate Sector Labor Contracts for Inmate Labor; ( 3)

Intergovernmental Agency Agreements between ACI and other State Agencies; and, ( 4) Federally

Certified Prison Industry Enhancement Work Programs. Each section identifies and provides a brief

description individual work programs or enterprises, indicates where the program is or the

institutional source of inmate workers, and the monthly average number of inmate workers engaged

in the activity over the past 12 months.

ACI OWNED- AND- OPERATED

Enterprise or Work

Program

IdentificationLDescription

ACI Central Business Office

Operations. See description at Item

1 - 1

ACI Materials Management Center

Operations. See description at Item

1- 2

I

Coupon Processing Center. See

description at Item 1- 3

Data Processing Center. See

description at Item 1- 4

Graphic Arts Division. See

description at Item 1- 5

Copy Service. See description at

Item 1- 6

Bedding Division. See description

at Item 1- 7

License Plate Division. See

description at Item 1- 8

Metal Fabrication Division. See

description at Item 1- 9

Tucson Sewing Division. See des-cription

at Item 1- 10

Douglas Sewing Division. See des-cription

at Item 1 - 1 1

Sign Division. See Description at

Item 1- 12

Wood and Metal Refurbishing

Division. See description at Item

1- 13

Agri- Business Division. See des-cription

at Item 1 - 14

Installation Support Services. See

description at Item 1 - 15

Furniture Division. See descrip-tion

at Item 1 - 16

ENTERPRISES

AS OF AUGUST 1997

Location of Enterprise or

Work Program

19 18 W. Van Buren, Phoenix

Arizona State Prison Complex

Florence

Arizona State Prison Complex

Winslow

Arizona State Prison Complex

Penyville - Santa Maria Unit

Arizona State Prison Complex

Penyville - Santa

1645 W. Jefferson, Phoenix

Arizona State Prison Complex

Florence

Arizona State Prison Complex

Florence

Arizona State Prison Complex

Florence

Arizona State Prison Complex

Tucson

Arizona State Prison Complex

Douglas

Arizona State Prison Complex

Tucson

Arizona State Prison Complex

Florence

Arizona State Prison Complex

Florence

Arizona State Prison Complex

Florence

Arizona State Prison Complex

Eyman - Rynning Unit

AND ACTIVITIES

Average Number of

Inmates Employed Monthly

during the past 12 months

15

3 0

67

86

77

4

18

3 1

79

79

132

23

26

33

6

62

Includes ACI Industrial Yard Maintenance Crew.

3 1

ACI OWNED- AND- OPERATED ENTERPRISES AND ACTIVITIES

AS OF AUGUST 1997

Average Number of

Inmates Employed Monthly

during the past 12 months

32

2

115

3 0

947

Enterprise or Work

Program

Identification/ Description

Upholstery Division. See descrip-tion

at Item 1- 17

Retail Outlet Store. See descrip-tion

at Item 1 - 18

Bakery Division. See description at

Item 1- 19

ACI Region Operations ( Central &

Southern Regions). See descrip-tion

at Item 1- 20'

Location of Enterprise or

Work Program

Arizona State Prison Complex

Eyman - Rynning Unit

Arizona State Prison Complex

Florence

Arizona State Prison Complex

Eyman - Meadows Unit

Arizona State Prison Complex

Florence

TOTAL NUMBER OF INMATES EMPLOYED

3~ enoteSse asonal Inmate Labor Contract. Average number of inmates worked is calculated on the basis of

the total number of inmates worked divided by the number of months of operations during the year. Most seasonal

contracts are for a period of several months during the year.

ACI PRIVATE SECTOR LABOR CONTRACTS

Identification/ Description

of Labor Contract

Hickman's Egg Ranch. See

description at Item 2- 1

Dixon Farms. See description at

Item 2- 2'

Waddell Farms. See description at

Item 2- 33

Pegasus Research Group, Inc., dba

TELEVERDE. See description at

Item 2- 4

0 Bar 0 Ranch. See description at

Item 2- 5

Jerald A. Barney Farms. See des-cription

at Item 2- 6=

SODEXHO. See description at

Item 2- 7

CDC Farms. See description at

Item 2- S3

Greater Auto Auction of Phoenix.

See description at Item 2- 9

Belloc's Farms. See description at

Item 2- 1 O3

White Mountain Farms. See des-cription

at Item 2- 1 l3

TOTAL NUMBER OF INMATES

AS OF AUGUST 1997

Institutional Source of

Inmate Labor

Arizona State Prison Complex

Perryville - San Pedro Unit

Arizona State Prison Complex

Florence - North Unit

Arizona State Prison Complex

Perryville - San Pedro Unit

Arizona State Prison Complex

Phoenix - Arizona Center for

Women ( ACW)

Arizona State Prison Ft. Grant

Arizona State Prison Complex

Safford

Arizona State Prison Complex

Phoenix - ACW

Arizona State Prison Complex

Safford

Arizona State Prison - Phoenix

West

[ Private Prison]

Arizona State Prison Complex

Florence - Picacho Unit

Arizona State Prison Complex

Winslow - Apache Unit

EMPLOYED

Average Number of

Inmates Employed Monthly

during the past 12 months

66

5 0

Inactive during the past 12 months

3 0

Inactive during the past 12 months

3 6

6

3 2

22

38

20

300

ACI INTERGOVERNMENTAL AGENCY AGREEMENTS ( IGA)

Identification/ Description

of Intergovernmental

Agency Agreement for

services or work program

Data Entry Services for ADOT-MVD.

See description at Item 3- 1

Refurbishment of Highway Signs

for ADOT. See description at Item

3- 2

Printing - ADOE. See description

at Item 3- 3

Data Fulfillment - ADEQ. See

description at Item 3- 4

MVD Call- In Center - ADOT. See

description at Item 3- 5

MVD Call- In Center - ADOT. See

description at Item 3- 6

City of Phoenix. See description at

Item 3- 7

ACI PRISON INDUSTRY ENHANCEMENT PROGRAMS

AS OF AUGUST 1997

AS OF AUGUST 1997

Location of Service or

Work Program

Arizona State Prison Complex

Perryville - Santa Maria Unit

Arizona State Prison Complex

Tucson

Arizona State Prison Complex

Perryville

Arizona State Prison Complex

Perryville

Arizona State Prison Complex

Perryville, San Juan Unit

Arizona State Prison Complex

Perryville, Santa Maria Unit

Arizona State Prison Complex

Perryville - San Pedro Unit

Average number of inmates

Employed Monthly during

the past 12 months

2 5

9

8

42

Identification/ Description

of PIE Work Program

Worldwyn Acceptance Company.

See description at Item 4- 1

Natures Partner. See description at

Item 4- 2

W. L. Gore. See description at Item

4- 3

Average Number of

Inmates Employed Monthly

during the past 12 months

[ Programs Only]

NA - Service Contract

NA - Service Contract

NA - Service Contract

NA - Service Contract

2 5

23

12

TOTAL NUMBER OF INMATES EMPLOYED

1

Location of Work Program

Arizona State Prison Complex

Perryville - Santa Cruz Unit

Arizona State Prison Complex

Eyman - Cook Unit

Arizona State Prison Complex

Winslow - Kaibab Unit

60

TOTAL NUMBER OF INMATES EMPLOYED

ACI PROGRAM DESCRIPTIONS

ACI Central Office Operations: Structured along traditional lines of private industry, ACI

functions with three ( 3) operating bureaus: a Finance and Accounting Bureau; a Marketing

and Sales Bureau; and, an Operations Bureau. Inmate labor is used throughout ACI's Central

Office to perform a wide variety of the entry- level clerical duties attendant to the overall

operations of ACI.

ACI Materials Management Center: ACI's Material Management Center consists of a

complex of large warehouse facilities and a transportation unit. With resources located at

the Arizona State Prison in Florence and the metropolitan area of Phoenix, the Management

Center employs inmates in a variety of jobs involving the receipt and delivery of raw

materials and finished goods.

Coupon Processing Center: This correctional industry operation provides services that have

traditionally moved and operated outside the United States. The Coupon Processing Center

is representative of an effort by ACI to repatriate a service industry dedicated to processing

coupons for U. S. Coupon Clearing Houses. Inmates are utilized in the operation to sort

coupons, input data in computers and package coupons for distribution after processing.

Data Processing Center: This is an ACI service industry designed to provide computer data

entry and fulfillment services. Inmates are employed in the operation as computer operators.

Graphic Arts Division: This ACI industry is a full- service printing operation. Inmate jobs

include all those positions normally associated with and found in a sophisticated printing

operation.

Copy Service: The ACI Copy Service is a convenience copy center located within the

Capitol Mall Complex. Inmates perform photocopying duties in the operation which is

dedicated to supporting the Arizona Department of Corrections and other state agencies.

Bedding Division: This is an ACI manufacturing operation dedicated to the producing an

assortment of bedding products for the Department of Corrections as well as other state and

governmental agencies. Inmates perform all functions associated with manufacturing a

variety of different kinds of mattresses, pillows and other associated products.

License Plate Division: The ACI License Plate Division produces, warehouses and

distributes Arizona State license plates for the Motor Vehicle Division of the Arizona

Department of Transportation. The division also manufactures an assortment of other types

of license plates. Inmates are engaged in all aspects of this light metal manufacturing

operation.

Metal Fabrication Division: The Metal Fabrication Division of ACI is a manufacturing

industry dedicated to producing detention furniture and a substantial number of other metal

products for the Arizona Department of Corrections, other state agencies and customers.

Inmates are utilized in all aspects of the operation.

Tucson Sewing Division: Located in the Arizona Prison Complex at Tucson, this is a

garment manufacturing operation dedicated to light- weight sewing. Inmate workers are

trained and employed throughout the operation in the manufacturing of linens and light-weight

clothing articles.

Douglas Sewing Division: Located in the Arizona State Prison Complex at Douglas, this is

a full- line garment manufacturing operation. Inmates are trained and engaged in

manufacturing a large variety of different clothing articles ranging in degree of production

difficulty.

Sign Division: Inmates are trained and employed in this ACI manufacturing operation to

produce a full assortment of signs and engraved items from plaques to regulatory signs and

decals for emergency vehicles.

Wood and Metal Refurbishing Division: This ACI operation provides wood and metal

refurbishing services to ACI customers as an economic alternative to purchasing new.

Inmates are trained and employed in all aspects of the operation.

Agri- Business Division: ACI operates a year- round farm consisting of approximately 1,000

acres located in the Florence, Arizona area. Inmate labor is used exclusively for all

operations of the farm including the operation of all farm equipment.

Installation Support Services: Comprised of two Support Services Units, this operation of

ACI is provides for the installation of furniture, millwork and modular office systems

produced in other ACI operations. Inmates are trained, employed and supervised by ACI

staff in all functions of the services provided by this ACI operation.

Furniture Division: The ACI Furniture Division manufactures a full line of wood products

including furniture, millwork, specialized cabinetry and modular office systems. Inmates

receive training and an opportunity to work in all functional areas of the operation.

Upholstery Division: Inmates assigned to the Upholstery Division are provided training and

experience in manufacturing new products as well refurbishing used products.

Retail Outlet Store: The ACI Retail Outlet provides inmates with a means of selling hand-crafted

items they produced while incarcerated. The store also provides an outlet to the

public for certain items produced in correctional industry operations.

Bakery Division: The ACI Bakery produces and delivers all bakery goods used by the

Department of Corrections. Inmates are trained and work in all aspects of the food service

manufacturing operation.

ACI Region Operations: Inmates employed in ACI Region Operations provide

administrative and maintenance support for all ACI operations statewide. Inmates are

engaged in ACI operations within their institutions and will receive training dependent upon

their specific duties. Work assignments and training include equipment maintenance and

repair as well as specialized training and jobs in the building trades ( electrician and

plumbing).

Hickman's Egg Ranch: This is a year- round work program. Inmates are the labor force

utilized to support Hickman's egg operation, feed mill, and feed lot operations ( hogs and

beef cattle).

Dixon Farms: This is a seasonal work program. Inmate labor supports Dixon Farm's

agricultural operation, i. e., harvesting water melons and thinning weeds in fields.

Waddell Farms: This is a seasonal work program. Inmate labor supports Waddell Farm's

agricultural operation, i. e., picking crops, thinning weeds and as general field labor.

Pegasus Research Group, Inc., dba TELEVERDE: This is a year- round work program.

Inmates perform tasks that support Televerde's telemarketing business operation.

0 Bar 0 Ranch: This is a seasonal work program. Inmates are used to sort, brand and work

cattle on this ranch operation.

Jerald A. Barney Farms: This is a seasonal work program. Inmates support Barney Farms

agricultural operation by performing work relative to harvesting crops, i. e., cotton, water

melons, cantaloupes, pumpkins, and chilies.

Sodexho USA, Inc.: This is a year- round work program. Inmates support Sodexho7s

hospital services by performing a variety of clerical functions.

CDC Farms: This is a seasonal work program. Inmate labor is utilized to support CDC

Farm's agricultural operations, i. e., harvesting chili peppers.

Greater Auto Auction of Phoenix: This is a year- round work program. Inmates perform

work related to automotive detailing, i. e., interiorlexterior car cleaning and reconditioning.

Belloc's Farms, Inc.: Belloc Farms has contracted inmate labor on a permanent and

temporary ( seasonal) basis. In both cases inmates perform work to support Belloc's

agricultural operations. Work performed includes general farm labor, thinning weeds and

harvesting crops, i. e., water melons and cantaloupes.

White Mountain Farms: This is a seasonal work program. Inmate labor is utilized to

support White Mountain Farms agricultural operations by performing work related to crop

harvesting, i. e., potatoes, pumpkins and squash.

Data Entry Services for ADOT: This is a service contract. Inmates at ACI perform tasks

relative to data entry of minor motor vehicle citations for the Arizona Department of

Transportation.

3- 2 Refurbishment of Highway Signs for ADOT: This is a service contract Inmates at ACI

perform work relative to refurbishing and recycling highway signs for the Arizona

Department of Transportation.

3- 3 Printing - ADOE: This is a service contract. Inmates at ACI perform work relative to

printing and packaging of materials as requested by the Arizona Department of Education.

3- 4 Data Fulfillment - ADEQ: This is a service contract. Inmates at ACI perform work relative

to assembling information packets for the Arizona Department of Environmental Quality.

3- 5 MVD Call- In Center - ADOT ( ASPC- PV San Juan): This is a year- round work program.

Inmate labor is used to support the Arizona Department of Transportation's Motor Vehicle

Division Call- In Center. The MVD Call- In Center is a customer service center which

processes telephone calls regarding drivers license requirements, vehicle title and registration

information and general questions concerning the Motor Vehicle Division.

3- 6 MVD Call- In Center - ADOT ( ASPC- PV Santa Maria): This is a year- round work

program. Inmate labor is used to support the Arizona Department of Transportation's Motor

Vehicle Division Call- In Center. The MVD Call- In Center is a customer service center

which processes telephone calls regarding drivers license requirements, vehicle title and

registration information and general questions concerning the Motor Vehicle Division.

3- 7 City of Phoenix: This is a year- round work program. Inmate labor is utilized by the City of

Phoenix to separate refuse and process waste products for recycling.

4- 1 Worldwyn Acceptance Company: This is a year- round work program. Inmates perform

telemarketing functions for Worldwyn Acceptance Co., a mortgage company dealing in

secondary financing.

4- 2 Natures Partner: This is a year- round work program. Inmates are used to perform general

labor for Natures Partner in support of their production of simulated natural features made

fiom fiberglass reinforced polyester.

4- 3 W. L. Gore and Associates, Inc.: This is a year- round work program. Inmate labor is used

to manufacture, assemble, and package W. L. Gore's bicycle cable systems.

MEDICAL FEES

In response to inmate abuses of the Department's health care delivery system, the Department sought

the introduction of legislation to charge inmates for health care. In addition, other benefits of

pursuing the legislation included placing a degree of ownership on the inmates for their health care

and returning some monies to the state general fund in order to reduce the increasing cost of health

care.

The Legislature passed Laws 1994, Chapter 332, which amended A. R. S. 3 1- 20 1.0 1 to require the

Department to establish by rule, reasonable medical and health services fees not to exceed $ 5, for

each inmate- initiated medical visit. The statute allows the Department to charge for prescriptions,

medical visits and prosthetic devices. However, the law prohibits the Department from charging a

fee for visits or referrals initiated by its own medical or mental health staff. The legislation

exempted payment for selected conditions.

In a related issue, due to security reasons, orthopedic injuries to inmates and the corresponding

escalating health costs, the Department removed weights from the prison system during Fiscal Year

1995. As expected, the removal of weights has significantly decreased the Department's orthopedic

costs.

The following tables detail the impact of charging inmates for health care. The first table reviews

the number of Health Need Request ( HNR) forms submitted by inmates. The second table address

the revenue associated with the HNR process. The third table documents the number of inmate

encounters with the Department's health care providers in recent years. The last table defines the

percentage of encounters charged and exempted.

-

Health Need Requests Submitted

Fiscal Year

1997

1996

1995

Health Need Requests Revenue

Fiscal Year

1997

1996

1995

Number of Health Need

Requests Submitted

200,083

205,120

129,122

Amount Charges

$ 233,001

2 16,828

1 37,667

Average Daily

Population

22,245 ( estimated)

22,869

19,678

Amount Collected

$ 227,943.5 1

195,259.26

105,733.21

Health Need Requests

Per Inmate Per Year

9

9

6.5

Health Need Requests Revenue

Medical Encounters

The table on the following page reveals the orthopedic cost savings achieved by the Department

upon removing the weights from the prison system.

Total 528,935.98

Percentage of Encounters ChargedJExempt

587,496

Encounters Per Inmate

15

14.3

11

2 5

30

Fiscal Year

1997

1996

1995

1994

1993

Number of Encounters

333,037

326,99 1

2 16,389

446,850

484,478

Percent Exempted

76.6

77.9

78.8

Fiscal Year

1997

1996

1995

ORTHOPEDIC COSTS

Percent Charged

23.4

22.1

21.2

Annual Cost

Per Inmate

$ 5,803

3,675

3,752

4,584

Ending

Population

19,863

21,190

22,697

23,795

Annual

Number

of Prisoners

210

363

249

143

Fiscal Year

1994

1995

1996

1997

Total Cost

$ 1,218,581

1,333,898

934,160

65 5,444

COURT FEES

Laws 1994, Chapter 358, requires the judiciary to collect from a prisoner upon the filing of a civil

action or proceeding a first time payment of 20% of the actual court costs or fees. Thereafter, the

statute requires monthly payments totaling 20% of all deposits into the prisoner's trust account until

all fees are paid in fill.

The Attorney General's Office advises us that they compared the number of lawsuits filed in the year

prior to the effective date of this legislation to the number filed after the effective date, and there was

a 35% reduction in the number of lawsuits filed. This reduction is attributed to the legislation.

The following table summarizes the filing fees the ADC forwarded to the courts during Calendar

Year 1996.

Calendar

Court

Arizona Supreme Court

Court of Appeals, Division 1

Court of Appeals, Division 2

Cochise County Superior Court

Coconino County Superior Court

Gila County Superior Court

Graham & Safford Justice Court

Maricopa County Superior Court

Maricopa County West Phoenix

Justice Court

Mohave County Superior Court

Navajo County Superior Court

Pima County Superior Court

Pima City Tucson Justice Court 03

Pima City Tucson Justice Court 05

Pinal County Superior Court

Yavapai County Superior Court

Yuma County Superior Court

Total

Total Owed

$ 21 59.20

1547.18

204.74

1 14.44

32.15

53.40

22.25

8246.20

42.52

163.39

160.16

521.52

0.00

7.50

1,297.9 1

73.05

70.00

$ 14,715.61

Year 1996 Filing

Amount Collected

$ 2,159.20

1,587.12

204.74

1 14.44

32.15

53.40

22.25

8,293.10

42.52

163.39

160.16

529.47

0.00

7.50

1,298.1 1

73.05

70.00

$ 14,810.60

Fees

Refunds

$ 0.00

39.94

0.00

0.00

0.00

0.00

0.00

46.90

0.00

0.00

0.00

7.95

0.00

0.00

0.20

0.00

0.00

$ 94.99

UTILITY CHARGES

Following the establishment of A. R. S. 5 32- 239, the Department undertook a deliberate approach

with regard to the structuring and implementation of utility charges. This included the preliminary

development of automation to support utility charging, as well as a policy statement to implement

the statutory requirements.

The Department began collecting data on all appliances during October 1996. However, at this time

the issue of Holiday packages surfaced and the dilemma of whether or not they would be permitted.

This issue was resolved with the intervention of the federal courts on behalf of the inmates. As a

result, staff attention and focus was directed to handling the Holiday packages and diverted fiom the

utility charge issue.

Following the Holiday season, there were a variety of automation hurdles to overcome in trying to

create a report that would permit easy recovery of the information and debiting of inmate accounts

on an automatic basis. In addition, the Department implemented a comprehensive policy restricting

inmate telephone activities to only those individuals who cleared a background check via the

visitation process. These issues have further delayed the implementation of the utility charges.

At present the Department has mastered the automation issues, have forwarded and received

feedback on DRAFT policy statements and automation activity fiom the individual complexes. The

Department is currently studying the feedback and will implement the utility charging as soon as

reasonably possible.

HOLIDAY PACKAGES

Hook v. State is a 1973 lawsuit that resulted in a consent decree governing the receipt, sending, and

processing of inmate mail. One of the provisions of the decree permits each inmate to receive up to

three ( 3) twenty- five ( 25) pound food packages ( i. e. up to 75 pounds of food) between December

10 and December 3 1 of each year. The decree contains no provision addressing inmate possession

andlor use of hotpots.

In October 1992, the Department moved to modify the decree to eliminate the food packages

provision. The inmates, in addition to opposing our motion, filed a separate motion seeking to

modify the decree to permit them to possess and use hotpots to heat and cook food items received

in their holiday food packages. In April 1995, the district court denied the Department's motion and

granted the inmates' motion. The Department appealed to the Ninth Circuit Court of Appeals.

In October 1996, the Ninth Circuit issued an opinion reversing the district court's denial of the

Department's motion and remanding the case to the district court with instructions to eliminate the

provision from the decree. The opinion also reversed and vacated the district court's order granting

the inmates' motion regarding hotpots. In November 1996, and in response to the Ninth Circuit's

opinion, the inmates filed a petition for rehearing asking the Court to reconsider its decision.

In July 1997, the Ninth Circuit granted the inmates' petition for rehearing, withdrew the October

1996 opinion, and issued a new opinion. In the new opinion, the district court's denial of the

Department's motion was again reversed; but this time, instead of remanding the case to the district

court with instructions to eliminate the food packages provision, the case was remanded to allow the

district court to determine the appropriate extent, up to and including elimination, to which the

provision should be modified to alleviate the Department's security concerns. In his concurring

opinion, Judge Beezer reminds the district court that Department officials " are in the best position

to determine how the holiday package provision should be modified in order to alleviate security

concerns." The new opinion also once again reversed and vacated the district court's order granting

the inmates' motion regarding hotpots.

The Ninth Circuit's mandate/ July 1997 opinion was filed in the district court on August 19, 1997.

On August 20, 1997, the Department filed a motion with the district court asserting that elimination

of the food packages provision is the only modification that would appropriately alleviate security

concerns, and asking the district court to issue an accelerated ruling to this effect. The inmates have

filed their opposition to our motion, and we are currently awaiting a decision by the district court.

As the number of adult inmates incarcerated in Arizona prisons has continued to escalate, so have

the numbers associated with Holiday food packages. In 1990, the ADC processed 18,281 food

packages totaling 157.2 tons at a cost of $ 128,220.84 in staff time. In 1993, 25,995 packages

totaling 250.9 tons were processed at a cost of $ 129,03 1.7 1 in staff time. In 1996, 3 7,10 1 packages

totaling 403.2 tons were processed at a cost of $ 343,940.59 in staff time.

RELIGIOUS FREEDOM RESTORATION ACT ( RFRA)

RFRA was enacted by the United States Congress in 1993. Its stated purpose was " to restore the

compelling interest test as set forth in Sherbert v. Verner . . . and to guarantee its application in all

cases where free exercise of religion is substantially burdened . . .." Accordingly, RFRA prohibited

government from substantially burdening a person's exercise of religion unless it could demonstrate

that the burden "( 1) [ was] in furtherance of a compelling governmental interest; and ( 2) [ was] the

least restrictive means of furthering that compelling governmental interest." Congress rejected an

attempt to exclude prisons from RFRA's coverage.

RFRA was a direct response to the United States Supreme Court's decision in Employment Division

v. Smith, 494 U. S. 872 ( 1990), a case in which free- world members of the Native American Church,

whose religious practices included ingesting peyote for sacramental purposes, were denied

unemployment benefits when they lost their jobs because they had used peyote in violation of an

Oregon statute of general applicability which made the use of peyote criminal. The Smith plaintiffs

urged the Supreme Court to decide the case in accordance with the test set forth in Sherbert v.

Verner, 374 U. S. 398 ( 1963)' under which the Court would have to determine whether the statute

substantially burdened a religious practice and, if so, whether the burden was justified by a

compelling governmental interest. The Supreme Court declined to apply the Sherbert test, stating

that:

[ G] overnment7s ability to enforce generally applicable prohibitions of socially

harmful conduct . . . cannot depend on measuring the effects of a governmental

action on a religious objector's spiritual development. To make an individual's

obligation to obey such a law contingent upon the law's coincidence with his

religious beliefs, except where the State's interest is ' compelling' . . . contradicts

both constitutional tradition and common sense.

Accordingly, the Supreme Court in Smith held that neutral, generally applicable laws which happen

to place a burden on religious exercise do not have to be supported by a compelling governmental

interest.

Prior to the enactment of RFRA, inmate claims of religious infringement by prison policies and

practices were decided under the test set forth in the Supreme Court cases of 0 ' Lone v. Shabazz and

Turner v. Safley. In essence, this test requires that prison officials show only that the policy or

practice in question furthers some legitimate penological interest. Under this test, a number of

religious challenges by inmates were defeated prior to RFRA. With the passage of RFRA, some of

these previously decided issues were again raised and in the process of being relitigated. For

example, prior to RFRA our policy prohibiting inmate beards was upheld against challenges that the

policy violated certain religious beliefs and practices. After RFRA, judges in several cases

challenging this policy on religious grounds issued temporary injunctions, pending resolution of the

case, enjoining the ADC from enforcing the policy against the inmate- plaintiffs.

In June 1997, in the case of City of Boerne v. Flores, the Supreme Court held RFRA to be

unconstitutional. The Court undertook an analysis of Congress' constitutional powers and concluded

that Congress, in enacting RFRA, had violated the separation of powers doctrine. The Court held

that while Congress is empowered to enact legislation to remedy or prevent constitutional violations,

it does not have the power to determine what constitutes a constitutional violation. The Court noted

that RFRA was just such an attempt:

RFRA is so out of proportion to a supposed remedial or preventive object that it

cannot be understood as responsive to, or designed to prevent, unconstitutional

behavior. It appears, instead, to attempt a substantive change in constitutional

protections.

As a result of the Supreme Court's ruling in the Boerne case, inmate religious claims will again be

analyzed under the Turner/ OILone test, and the Department expects that it will be able to

successfully defend these religious claims. For example, shortly after the Supreme Court's ruling

in Boerne, a case that was moving toward trial under RFRA on the issue of the Department's policy

prohibiting the wearing of headbands was dismissed by the trial court.

RFRA had little impact upon the manner in which this Department conducted its inmate religious

affairs. The Department has always recognized the significance of the inmates' free exercise of their

religion, and has sought to insure accommodation of the requirements of the inmates' various faiths

to the extent that such accommodation is consistent with sound correctional practices. Because of

this approach, there was no need to make significant policy changes after RFRA was enacted. The

only change made was to require that RFRA issues be referred to the Department's Administrator

of Pastoral Activities.

Inmates, however, apparently believed that RFRA should have had a much greater impact. They

continually cited RFRA as the reason for making often outrageous religious requests, and then

seeking to litigate when these requests were denied. In their view, RFRA would permit such things

as co- habitation, inmate- created religions prohibiting work, and religious protection for all monies

earned or received by the inmate. Under RFRA, some of these claims were able to survive dismissal

by the courts.

Just as the enactment of RFRA resulted in no significant policy changes, it is anticipated that the

recent Supreme Court decision in Boerne also will not result in any such changes. The Department

will continue to consider inmates' requests for religious accommodation in the light of legitimate

concerns about the safe, secure, and orderly operation of Arizona's prisons.

LEGAL ACCESS

Gluth v. Kangas is a 1984 case in which the court, having held that the Department was in violation

of the " access to the courts" rights of inmates at the Central Unit in Florence, appointed a special

master to recommend the injunctive relief that should be entered to correct the violation. The special

master's recommendation was ultimately adopted by the court and set forth in a 20- page Order.

Among other things, the Order:

Required Extensive Law Libraries;

Designated the days and hours of operation of the law library;

Required that inmates be permitted a minimum of 10 hours per week in the law library;

Required that ADC provide, maintain, and train a " sufficient number" of inmate law

clerks, including Spanish speaking, to assist inmates in using the law libraries;

Required ADC to provide " at least one full- time professionally trained librarian at each

law library with adequate secretarial support";

Required ADC to provide a detailed 60- hour training program for legal assistants; and

Required ADC to " minimally [ maintain] a one- to- five ratio of electric typewriters- to- law

library capacity" and to cover such typewriters " by a service contract or other professional

repair system."

In the 1990 case of Casey v. Lewis, inmates sought to expand the Glurh injunction to cover all of

Arizona's prison facilities and units. In 1992, following a trial on the issue, the district court judge

found against the Department and, having expressed his belief that the appropriate remedy would

be to apply the Gluth injunction system wide, appointed the Gluth special master to determine what

modifications, if any, to the Gluth injunction were appropriate. Although the injunctive relief

recommended by the special master, and ultimately adopted by the district court judge in October

1993, was substantially the same as in Gluth, it additionally required, among other things, Pacific

Reporters and Digests, self- help manuals, materials on immigration law, and a recent Arizona Bar

Directory be included as a part of every prison law library.

On appeal, the Ninth Circuit Court of Appeals affirmed the district court's ruling. The Department's

Petition for Writ of Certiorari asking the United States Supreme Court to review the case was

granted in June of 1995. Oral argument before the Supreme Court was held in November 1995, and

in June 1996 the Court issued its opinion reversing the district court's decision and remanding the

case to the district court for further proceedings.

Critical findingslholdings made by the Supreme Court are as follows:

Any previous court cases " suggest[ ing] that the State must enable the prisoner to discover

grievances, and to litigate effectively once in court . . . [ are] now disclaim[ ed]."

An inmate's right of access to the courts is violated only if it is shown that the alleged

deficiencies of a prison's library facilities or legal assistance program caused " actual

injury" to the inmate.

An inmate shows " actual injury" if he can " demonstrate that a nonfrivolous legal claim

had been frustrated or was being impeded."

The two isolated instances of actual injury identified by the district court " were a patently

inadequate basis for a conclusion of system wide violation and imposition of system wide

relief."

The district court injunction was " inordinately - indeed, wildly - intrusive" and " is a model

of what should not [ be done]."

Inmates are not guaranteed " the wherewithal to transform themselves into litigating

engines capable of filing everything from shareholder derivative actions to slip- and- fall

claims." They must be provided only those tools needed " to attack their sentences,

directly or collaterally, and in order to challenge the conditions of their confiP e ment. Impairment of any other litigating capacity is simply one of the incidental ( and perfectly

constitutional) consequences of conviction and incarceration."

"[ Tlhe Constitution does not require that prisoners ( literate or illiterate) be able to conduct

generalized research, but only that they be able to present their grievances to the courts."

" Local experimentation" with respect to assuring inmate access to the courts should be

encouraged and the Courts should defer to the decisions of prison administrators. " One

such experiment might replace libraries with some minimal access to legal advice and a

system of court- provided forms . . . that ask[] the inmates to provide only the facts and not

to attempt any legal analysis."

The Department, taking the Supreme Court at its word, devised a system that would eliminate the

extensive use of law libraries and, instead, would rely on the use of contract paralegals and limited

reference materials to assist inmates in preparing factual, plain- English complaints for filing with

the courts. The affirmative assistance to be provided under this new system, which went into

effective on August 4, 1997, extends only to those actions involving direct appeals from the inmates'

criminal conviction, Rule 32 post- conviction relief actions, habeas corpus actions, and $ 1983 civil

rights and conditions of confinement cases. For any other type of claim, the inmate is on his or her

own and may proceed in the matter pro se or retain an attorney to assist.

The old system required the Department to provide extensive law libraries and to pay inmates to

serve as law library clerks. This system cost the Department millions of dollars to set- up and over

$ 665,000 per year to maintain. Under this system, the Department was providing affirmative

assistance to inmates beyond the filing of a complaint - assistance was available to allow inmates

to conduct generalized research and to effectively litigate any and all types of legal claims.

The Department estimates that the new system, which reduces the space needed to operate the

program and streamlines the affirmative assistance to be provided in connection with the inmates'

access to the courts rights, will cost approximately $ 513,000 per year. The closing of the law

libraries on August 4, 1997 has permitted us to use the space for other activities and, in new prisons,

to avoid the cost of the space that had been dedicated to this program. Inmates are now offered

assistance from trained paralegals, and have access to limited, but adequate references, such as legal

forms and self- help books.

The Department is carefully managing and monitoring implementation of the new system. A video

tape was produced for use in educating the inmates, staff, and the public about the system. A system

wide training program was undertaken, and a presentation about the system was made to a group

which included the Presiding Superior Court Judges and at least one Arizona Supreme Court Justice.

In addition, each prison unit is required to submit weekly reports about problems encountered and

the steps taken to resolve those problems. The inmate requests for paralegal assistance, which are

submitted to designated staff, are copied to a Monitor that has been hired specifically to oversee the

system to ensure compliance by staff and the paralegal contractors with the policy and paralegal

contract. Corrective action is being taken, as needed, to ensure that the system operates consistent

with the Supreme Court's decision in Lewis.

The old law books and reference materials were offered in an Invitation For Bid and public sale. The

Department sent out invitations to 161 vendors who may have had an interest in bidding on some

or all of the materials. Unfortunately, the Department received only 5 responses, and all of them

indicated they were not submitting a bid. Currently, the Department is considering the various

options that may be undertaken, pursuant to the Procurement Rules. At present, the materials are

in storage, protected from the elements. It is the Department's intent that their contents be sold by

the end of September 1997. The proceeds from books that are sold will be distributed according to

the pro rata share as depicted by the historical records that are available. These records reflect that

Inmate Activity and Recreation ( A& R) funds were used to purchase less than half of all of the

materials ( approximately 47%). Funds received from any sale will be deposited in the A& R account

and the balance that were purchased with budgeted state funds ( approximately 53%) will be

deposited in the State's General Fund.

INMATE ESCAPES

The last escape occurred from the private DUI prison. ASP- Phoenix West. on April 28, 1996. The

Department has stressed the importance of security in the newly revised Performance Audit System

which is used to inspect the Prisons. The table below reviews the escapes from custody since 1980.

4 Year to date inmate population.

ESCAPES FROM THE CUSTODY

OF THE

Calendar Year

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1 9974

ARIZONA DEPARTMENT

Escapes

74

109

6 1

7 3

66

64

5 0

40

28

29

12

24

20

12

32

9

14

0

OF CORRECTIONS

Ending Population

3,859

4,999

5,991

6,984

7,388

8,623

9,53 1

1 1,275

12,580

13,368

14,313

15,464

16,572

17,968

19,863

21,190

22,697

23,795

Escapes Per 1,000

Inmates

19.2

21.8

10.4

10.5

8.3

7.4

5.3

3.6

2.2

2.2

0.8

1.6

1.2

0.7

1.6

0.4

0.6

0.0