Be itenacted by the Legislature of the State of Arizona:
Section1.Section 31-201.01, Arizona RevisedStatutes, is amended to read:
31-201.01.Dutiesof the director; tort actions; medical treatment costs; state immunity;definitions
A.Thedirector shall hold in custody all persons who are sentenced to the department underthe law and shall hold such persons for the term directed by the court, subjectto law.
B.Inaddition to the medical and health services to be provided pursuant tosubsection D of this section, the director may, in cooperation with thedepartment of health services, may provideto prisoners psychiatric care and treatment pursuant to sections 31‑226and 31‑226.01.
C.Thedirector may institute and pursue programs which that promote the rehabilitation of theprisoners in the director's charge.
D.Thedirector shall provide medical and health services for theprisoners.The director may contract for professional services toassist the director in carrying out this responsibility on behalf of the state,provided that all records made and retained in connection with the servicesprovided by this subsection shall be made and retained only by duly authorizedor qualified medical and professional personnel and not by anyprisoner.Such records when not in use shall be retained in a safeand secure place.
E.Ifa victim of a person for whom a cost of incarceration has been calculatednotifies the state that full restitution has not been made by the person forwhom a cost of incarceration has been calculated, the state shall interpleadwith the superior court the disputed amount and set off the amounts owed thestate from the remaining obligation.
F.Anyand all causes of action which that may arise out of tort caused by thedirector, prison officers or employees of the department, within the scope oftheir legal duty, shall run only against the state.
G.Thedirector shall establish by rule reasonable medical and health service services fees for the medical and healthservices that are provided pursuant to subsection D of thissection.Except as provided in subsection I of this section, everyinmate shall be charged a reasonable medical and health services fee for eachmedical visit an inmate makes pursuant to a health needs request form or foremergency treatment.
H.Exceptas provided in subsection I of this section, the director may charge eachinmate a reasonable fee for prescriptions, medication or prosthetic devices.
I.Thedirector shall exempt the following inmates or medical visits by inmates frompayment of medical and health services fees and fees for prescriptions,medication or prosthetic devices:
1.Medicalvisits initiated by the medical or mental health staff of the department.
2.Medicalvisits to a physician by inmates who are referred by a physician assistant ornurse practitioner.
3.Inmatesat reception centers.
4.Juvenileinmates.
5.Pregnantinmates.
6.Seriouslymentally ill inmates.For the purposes of this paragraph,"seriously mentally ill inmates" means inmates who as a result of amental disorder as defined in section 36‑501 exhibit emotional orbehavioral functioning which is so impaired as to interfere substantially withtheir capacity to remain in the general prison population without supportivetreatment or services of a long‑term or indefinite duration and whosem*ntal disability is severe and persistent, resulting in a long‑termlimitation of their functional capacities for primary activities of dailyliving, including interpersonal relationships, self‑care, employment andrecreation.
7.Inmateswith developmental disabilities who are housed in a special programs unit.
8.Inmateswho are housed in unit 8 at the Florence prison facility.
9.Inmateswho are inpatients at the Alhambra prison facility special programs psychiatrichospital.
10.Inmateswho are inpatients at the Flamenco prison facility mental health treatmentunit.
11.Inmateswho are undergoing administrative physical examinations for statewide driverstatus and fire fighting crews.
12.Inmateswho are undergoing follow‑up medical treatment for chronic diseases.
J.Aninmate shall not be refused medical treatment for financial reasons.
K.Allmonies received by the department for medical and health service services fees shall be deposited in thegeneral fund.
L.Aperson who is convicted of a felony offense and who is incarcerated whileawaiting sentence or while serving a sentence imposed by a court of law may notbring a cause of action seeking damages or equitable relief from the state orits political subdivisions, agencies, officers or employees for injuriessuffered while in the custody of the state or its political subdivisions oragencies unless the complaint alleges specific facts from which the court mayconclude that the plaintiff suffered serious physical injury or the claim isauthorized by a federal statute.
M.Thedirector shall establish criteria for reasonable deductions from moniescredited to the prisoner's spendable account to repay the cost of:
1.Stateproperty that the inmate wilfully damages or destroys during the inmate'sincarceration.
2.Medicaltreatment for injuries that the inmate inflicts on himself or others.
3.Searchingfor and apprehending an inmate who escapes or attempts to escape.
4.Quellinga riot or other disturbance in which the inmate is unlawfully involved.
N.Onrequest of a female inmate, The director shall provide the female inmate anunlimited supply of feminine hygiene products. Notwithstanding any other law,the director may not charge a female inmate for a feminine hygiene product.
N.O.For the purposes of this section:
1."Femininehygiene product" includes tampons, sanitary napkins, menstrual sponges,menstrual cups and similar items that are used for the menstrual cycle.
1.2."Reasonablefee" means an amount not to exceed five dollars.
2.3."Serious physicalinjury" means an impairment of physical condition that creates asubstantial risk of death or that causes serious disfigurement, prolonged impairmentof health or prolonged loss or impairment of the function of any bodily organ.
Sec.2.Appropriation; statedepartment of corrections; feminine hygiene products; exemption
A.Thesum of $80,000 is appropriated from the state general fund in fiscal year2018-2019 to the state department of corrections for the purpose of purchasingfeminine hygiene products. For the purposes of this subsection, "femininehygiene products" includes tampons, sanitary napkins, menstrual sponges,menstrual cups and similar items that are used for the menstrual cycle.
B.Theappropriation made in subsection A of this section is exempt from theprovisions of section 35-190, Arizona Revised Statutes, relating to lapsing ofappropriations.
Sec.3.Legislative intent
Thelegislature intends to require the state department of corrections to providefeminine hygiene products to all female inmates in the correctional system andto ensure the dignity of all female inmates in the correctional system.
