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SB 1851

criminal justice; 2026-2027.

57th Legislature - Second Regular Session Introduced by Dave Farnsworth

Establishes a state-funded, 90-day inmate transition program with private providers, early release eligibility, and required reporting to reduce costs and track outcomes.

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Bill Summary · SB 1851

Summary of SB 1851 (57th-2nd Regular, Arizona)

Main purpose and intent

SB 1851 is a multifaceted criminal justice bill aimed at expanding and restructuring transition programs for inmates, adjusting funding mechanisms, and making targeted changes to civil rights and corrections-related statutes. A core element is broadening and formalizing transition services for eligible inmates and linking these services to monitored outcomes and reporting. The bill also reorganizes and updates several administrative provisions related to civil rights, corrections funding, and retroactive applicability.

Key provisions and changes

  • Transition program for inmates (Title 31, Chapters 281-285)

    • Establishes a transition program in the Department of Corrections (DOC) to provide community-based transition services for up to 90 days.
    • Contracts with private or nonprofit entities to deliver services, with procurement governed by existing state rules (title 41, chapter 23).
    • Eligibility criteria (minimum requirements):
    • Must not have certain sexual offenses or violent felonies, with exceptions.
    • No felony detainers.
    • Willing to provide post-release information for reporting.
    • Demonstrated progress on individualized corrections plan.
    • Custody classified as minimum or medium risk.
    • No major rule violations recently; minor violations do not count.
    • Services must include psychoeducational counseling and case management (substance abuse treatment, anger management, CBT, parenting, education and job placement).
    • Release under the program requires victim notification and opportunity to be heard (with a 20-day objection window).
    • Annual reporting and evaluation requirements, including:
    • Recidivism study (including outcomes three years post-release).
    • Data on participants, waitlist, service types, and costs.
    • A specified minimum cost reduction requirement for the program (not less than $17 per inmate per day).
    • Information dissemination to inmates about eligibility and requirements.
    • Transition program funding proceeds from a dedicated fund (see below).

  • Transition program fund (Section 31-284)

    • Creates/defines the Transition Program Fund to pay for administration and services.
    • Funds are subject to legislative appropriation and exempt from lapsing rules.

  • Transition program release and reporting (Section 31-285)

    • Inmates in the program may be released up to three months earlier than their earliest release date, based on risk, needs, and program rules; those deemed not low risk are not released early.
    • Annual reporting due by September 30 detailing cost reductions, participant numbers, waitlists, and types of services, plus the required minimum $17/day cost reduction.
    • Copies of reports to the Governor, Legislature leadership, and Joint Legislative Budget Committee.

  • Corrections and juvenile facilities funding (Section 41-1641)

    • Clarifies how the Corrections Fund may be used (maintenance, operations) with prior approvals; sets transfer provisions to the Corrections Building Renewal Fund.

  • Erroneous convictions fund (Section 41-710.03)

    • Maintains the fund’s purpose and caps state liability for reimbursements under misuse of funds.

  • Civil rights structure and definitions (Sections 5-7)

    • Reorganizes heading to “Civil Rights Division.”
    • Creates a defined Civil Rights Division within the Department of Law (new 41-1401), replacing a prior structure.

  • Miscellaneous and effective dates (Sections 8-11)

    • Repeals and adds related provisions, with retroactive applicability to December 31, 2025.
    • Some sections reference effective dates in 2027/2028 for related modifications.

Who and what is affected

  • Inmates and offenders eligible for transition services (subject to eligibility criteria) and current/future inmates potentially entering the transition program.
  • Private or nonprofit providers contracted to deliver transition services.
  • Department of Corrections and Department of Law administrative structures, funding streams, reporting obligations, and organizational headings.
  • Victims who must receive advance notice and an opportunity to be heard before an inmate’s early release.
  • State agencies and the legislature via reporting, cost-reduction targets, and budget implications.

Procedural and timeline aspects

  • Annual reporting requirements: due by July 31 in prior text, or November 30 in amended language; updated to July 31 in some sections and September 30 for certain annual reports.
  • Release timing: up to three months earlier than earliest release date for qualifying participants.
  • Funding and transfer provisions: specified minimum per-inmate daily cost reductions; fund management and transfers to building renewal funds.
  • Retroactivity: certain provisions apply retroactively to December 31, 2025.

Notes: The bill contains several interrelated provisions; precise implementation would depend on rulemaking by the DOC and related departments, plus annual appropriation decisions.

Compiled from official sources — confirm details with the bill’s official record.

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