31-232. Family considerations in prisoner placement and visitation rules
A. To the greatest extent possible and after accounting for security and capacity factors, the department shall place a prisoner who is a parent of a minor child in a prison facility that is located within two hundred fifty miles of the prisoner's permanent address on record.
B. The department shall adopt rules that authorize a prisoner who is a parent of a minor child and who is classified as a low or minimum security risk to be visited by the minor child. At a minimum the rules shall:
1. Provide opportunities for a child who is under eighteen years of age to visit the child's incarcerated parent at least two times each week unless a department employee has a reasonable belief that the dependent child:
(a) May be harmed during visitation.
(b) Poses a security risk due to the prisoner's gang affiliation, a prior conviction or a previous violation of a contraband policy.
2. Eliminate restrictions on the number of dependent children who are under eighteen years of age who are granted visitation privileges.
3. Authorize contact visits for a prisoner who is a parent of a minor child.
Notes of Decisions
Cited in
8
cases, 1973–1984 · leading case:
State v. Goswick, 691 P.2d 673 (Ariz. 1984).
State v. Goswick, 691 P.2d 673 (Ariz. 1984).
· cites it 8× “§ 13-1206, and possession of a deadly weapon by a prisoner, A.R.S. § 31-232. He was sentenced to the mandatory term of life imprisonment without possibility of parole for twenty-five years for the assault under the provisions of A.”
State v. Sisneros, 670 P.2d 721 (Ariz. 1983).
· cites it 10× “§ 13-2505; and count V, possession of a deadly weapon, A.R.S. § 31-232. Dominguez was sentenced to two life terms without possibility of parole for twenty-five years on counts I and II; two years each on counts III and IV; and four years on count V, all sentences to run…”
State v. Bojorquez, 535 P.2d 6 (Ariz. 1975).
· cites it 4× “140, and one count of being a prisoner in possession of a deadly weapon, A.R.S. § 31-232, for which he was sentenced to prison for 75 to 99 years on the weapons charge and concurrent life sentences on each of the murder convictions, the latter sentences to commence after…”
State v. Greenawalt, 626 P.2d 118 (Ariz. 1981).
· cites it 2× “§ 13-392) and possession of a deadly weapon by a prisoner (A.R.S. § 31-232); while both Tisons were found guilty of aiding and assisting an escape (A.”
State v. Delvecchio, 519 P.2d 1137 (Ariz. 1974).
· cites it 2× “Prisoner in possession of a deadly weapon, a knife, § 31-232, as amended, A.R.S., and a sentence thereon of not less than ten nor more than twenty years.”
State v. Goldston, 652 P.2d 1043 (Ariz. 1982).
· cites it 2× “§ 13-1206, and possession of a deadly weapon by an inmate in custody, A.R.S. §§ 31-232(A) and 13-701. He was sentenced to life imprisonment without possibility of parole for 25 years, to be served consecutively to the sentence he was serving at the time of the offense, and 4…”
State v. Jackson, 504 P.2d 976 (Ariz. Ct. App. 1973).
· cites it 6× “This is an appeal from a judgment and order of commitment finding defendant, Melvin Eugene Jackson, guilty of violating A.R.S. § 31-232, in that while an inmate in the Arizona State Prison he' was found in possession of a deadly weapon.”
State v. Tafoya, 521 P.2d 602 (Ariz. 1974).
“This is an appeal from a jury verdict and judgment of guilt to the charge of prisoner in possession of deadly weapon, § 31-232 A.R.S., and a sentence thereon of not less than five nor more than six years in the Arizona State Prison to commence at the termination of the sentence…”
— Ariz. Rev. Stat. § 31-232(A) — 2 cases
State v. Bojorquez, 535 P.2d 6 (Ariz. 1975).
“140, and one count of being a prisoner in possession of a deadly weapon, A.R.S. § 31-232, for which he was sentenced to prison for 75 to 99 years on the weapons charge and concurrent life sentences on each of the murder convictions, the latter sentences to commence after…”
State v. Goldston, 652 P.2d 1043 (Ariz. 1982).
“§ 13-1206, and possession of a deadly weapon by an inmate in custody, A.R.S. §§ 31-232(A) and 13-701. He was sentenced to life imprisonment without possibility of parole for 25 years, to be served consecutively to the sentence he was serving at the time of the offense, and 4…”
— Ariz. Rev. Stat. § 31-232(B) — 1 case
State v. Sisneros, 670 P.2d 721 (Ariz. 1983).
“§ 13-2505; and count V, possession of a deadly weapon, A.R.S. § 31-232. Dominguez was sentenced to two life terms without possibility of parole for twenty-five years on counts I and II; two years each on counts III and IV; and four years on count V, all sentences to run…”
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