31-238. Incarceration costs; setoff
A. The director of the state department of corrections shall establish an annual cost of incarceration for any person who is convicted in a state court and committed to the state department of corrections.
B. This cost of incarceration shall reflect the amount of dollars this state spent in behalf of the prisoner and shall equal the average cost of one year's incarceration, and the director shall credit or debit a prorated portion of the cost of incarceration with respect to any such person incarcerated for three hundred thirty-four or fewer days in a given fiscal year.
C. The calculation of the number of days of incarceration in a given fiscal year for the purpose of such a fee shall include time served before conviction.
D. This state has the right to set off the cost of incarceration calculated under subsection A of this section at any time and without prior notice against any claim made by or monetary obligation owed to a person for whom a cost of incarceration can be calculated, except that twenty percent of any claim or monetary obligation is exempt from this section.
E. Based on the average annual cost of incarceration for the previous three years, this state may set off a sum to cover the minimum future incarceration that a person will serve but must tender to the person on release the difference between the amount of monies set off and the actual cost of incarceration, if any.
F. If a person for whom a cost of incarceration can be calculated obtains a monetary judgment against this state and the attorney general appears and exercises the rights of this section, any monies set off against the monetary judgment shall be distributed as follows:
1. Seventy percent of the monies set off shall be deposited in the state general fund.
2. Thirty percent of the monies shall be transmitted to the office of the attorney general to cover the costs associated with litigation.
Structure Arizona Revised Statutes
Title 31 - Prisons and Prisoners
§ 31-101 - Common jails; duty of sheriff; use of jails
§ 31-104 - Employment of temporary guards
§ 31-105 - Designation of jail in contiguous county; revocation of designation
§ 31-106 - Disease in jail; removal of prisoners
§ 31-107 - Emergency removal of prisoners
§ 31-122 - Receiving and keeping federal prisoners
§ 31-123 - Confinement of person committed to jail
§ 31-124 - Segregation of prisoners; males and females; minors and adults
§ 31-125 - Duty of sheriff to deliver judicial papers to prisoner
§ 31-126 - Examination of certain prisoners for mental disorder
§ 31-127 - Abuse of prisoner; classification
§ 31-128 - Unauthorized communication with prisoner; classification
§ 31-129 - Taking prohibited articles into jail; violation; classification; definitions
§ 31-130 - Destruction of or injury to public jail; classification
§ 31-131 - Operation of inmate industry program; special services fund; application of earnings
§ 31-132 - Duty to deliver medical records
§ 31-222 - Research and evaluation programs
§ 31-223 - Use of force by correctional officers
§ 31-224 - Duty to deliver medical records
§ 31-225 - Attendance of prisoner in court
§ 31-226.01 - Emergency transfer procedures
§ 31-227 - Expenses of prosecution; reimbursement of counties
§ 31-229 - Functional literacy program; evaluation; certificate; exemptions; wages; definition
§ 31-229.01 - Functionally literate inmates; education requirement; rules; inmate fees; definition
§ 31-229.02 - Functionally literate inmates; release eligibility
§ 31-230 - Prisoner spendable accounts; fees
§ 31-231 - Unauthorized communication with prisoner; classification; definition
§ 31-232 - Family considerations in prisoner placement and visitation rules
§ 31-235 - Prisoner correspondence; definitions
§ 31-237 - Dedicated discharge accounts
§ 31-238 - Incarceration costs; setoff
§ 31-240 - Prisoner education services budget; prohibited uses
§ 31-241 - Inmate complaints to boards; procedure
§ 31-242 - Internet access; violation; classification; definitions
§ 31-141 - Enforcement of sentence imposing hard labor; employment of prisoners; definition
§ 31-142 - Use of prisoners on public works
§ 31-143 - Use of prisoners by county engineer
§ 31-144 - Double time allowance for work done outside jail as trusty
§ 31-145 - Allowance for hard labor in reduction of fine
§ 31-250 - Definition of work crew
§ 31-251 - Hard labor required of prisoners; labor classification; definition
§ 31-252 - Use of prisoners in public works; cooperative prisoner labor system; definitions
§ 31-253 - Use of prisoners in prison construction; definition
§ 31-255 - Alcohol abuse treatment fund
§ 31-256 - Prisoner training; individual certificates; requirements
§ 31-161 - Inmate health care; costs
§ 31-162 - Inmate health services fund; audit
§ 31-164 - Inmate health insurance pools
§ 31-165 - Inmate medical services; rate structure
§ 31-203 - Persons disqualified as officers or employees
§ 31-204 - Interest of employee in contracts; gifts to or from prisoner; penalty
§ 31-206 - Chaplains; duties; traditional Native American religious practitioners
§ 31-261 - Sale or exchange of products of individual prisoners
§ 31-271 - Adult correctional facility; multiple confinement
§ 31-281 - Transition program; report; definition
§ 31-282 - Contracted entities; duties; services; definition
§ 31-284 - Transition program fund
§ 31-285 - Transition program release; report
§ 31-321 - Prisoner participation in approved programs
§ 31-322 - Approval of programs
§ 31-334 - Earnings of prisoner
§ 31-342 - Escape; liability for costs incurred in apprehension
§ 31-401 - Board of executive clemency; qualifications; appointment; officers; quorum; meeting
§ 31-402 - Powers of board; powers and duties of governor; powers and duties of executive director
§ 31-403 - Commutation; restrictions on consideration
§ 31-404 - Wilful failure to pay; revocation of parole or community supervision
§ 31-412 - Criteria for release on parole; release; custody of parolee; definition
§ 31-414 - Absolute discharge of parolee; effect; notice to victim
§ 31-417 - Notification to board of parole violator; hearing; reimprisonment
§ 31-441 - Application for pardon; statement of facts proved at trial
§ 31-442 - Application for pardon; notice; exceptions
§ 31-443 - Power of governor to grant reprieves, commutations and pardons
§ 31-444 - Power of governor to suspend sentence for treason pending consideration by legislature
§ 31-446 - Report to legislature
§ 31-467 - Adoption of interstate compact for the supervision of adult offenders
§ 31-467.01 - Parole or probation violation; retaking; notice; hearing; custody pending hearing
§ 31-467.03 - Hearing rights of parolee or probationer
§ 31-467.04 - Hearings in other states; effect
§ 31-467.05 - Extradition; retrieval
§ 31-467.06 - Supervision fee; deposit; drug testing costs
§ 31-467.07 - Interstate compact for the supervision of adult offenders; eight-year review
§ 31-471 - Western interstate corrections compact
§ 31-473 - Enforcement of compact; hearings in compliance with compact
§ 31-475 - Right of transferred prisoner on release from prison outside this state
§ 31-481 - Agreement; authorization; contents
§ 31-482 - Matters pertaining to agreement