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ARIZONA DEPARTMENT OF CORRECTIONSDIRECTOR’S OFFICEMEMORANDUMTO:DISTRIBUTIONFROM:CHARLES L. RYAN, DIRECTORDATE:April 26, 2016SUBJECT: Director’s Instruction #275, TR/CSBD and Half Deport Criminal Alien ReleaseThis Director’s Instruction is effective immediately and rescinds Director’s Instruction 275, dated January 7, 2010. ThisDirector’s Instruction will remain in effect until incorporated into Department Order 1002, Inmate Release EligibilitySystem. This Director’s Instruction supersedes Department Order 1002, Inmate Release Eligibility System, as follows:INTAKE PROCESSES1.1The Immigration Customs Enforcement (ICE) through a Memorandum of Agreement with the Departmenthas established procedures during intake to expedite the process of identifying the Criminal Alien’simmigration status within the United States.1.2Upon the Criminal Alien’s admission to the Department, ICE will make an assessment and provideDepartment staff with each Criminal Alien’s legal status in the United States. Staff will then record thisinformation into AIMS as outlined by Department Orders. Should the Criminal Alien’s immigration statuschange, ICE will provide the new information to the Department. Upon receipt of the information,Department staff shall update the Criminal Alien’s AIMS information.1.3In the absence of information regarding the Criminal Alien’s immigration status or if clarification is needed,the Department shall contact ICE regarding the Criminal Alien and obtain the necessary supplementalinformation.1.41.3.1The Department shall not attempt to substitute its own determination of the Criminal Alien’simmigration status independent of a finding from ICE.1.3.2Only Department staff trained and authorized by ICE may advise a Criminal Alien regarding theimmigration process as it relates to the Criminal Alien’s immigration status.Upon determination of citizenship, staff shall annotate the AIMS Personal Characteristics Screen with oneof the following identifiers:1.4.1“1” - United States Citizen.1.4.2“3” - Criminal Alien: Detainer is present. May or may not have a deportation order.1.4.3“5” - Determined by ICE to be a Legal Permanent Resident, no detainer, not amenable todeportation.1.4.4“6” - Determined by ICE to be a Legal Permanent Resident, with a detainer, may be amenableto deportation, pending final status, (either “3” or “5”) by Immigration Judge.Page 1 of 3
RELEASE ELIGIBILITY1.1Criminal Aliens are not eligible for release at one-half the sentence imposed.1.2Criminal Aliens with a citizenship status of a “3” or “6” are not eligible for a Temporary Release (TR),Community Supervision Begin Date (CSBD) or a Provisional Release (PR).1.2.11.3Criminal Aliens with a citizenship status of “3” or “6 whose release date falls on a weekend orholiday shall be released to the custody of ICE on that day.Criminal Aliens with a citizenship status of a “5” may be eligible for a TR, CSBD or a PR in accordancewith criteria outlined in Department Order #1002, Inmate Release Eligibility System.1.3.1Criminal Aliens with an identifier of “5” only, who are reverting from Home Arrest or WorkFurlough to a Provisional or Mandatory release date shall be considered for a TR, unless theirbackground includes a conviction for a sex offense or their current conviction is considered aviolent offense.1.3.2Criminal Aliens with a citizenship status of a “5” whose release date falls on a weekend, holidayor holiday weekend shall be released in accordance with Department Order #1001, InmateRelease System.RELEASE PROCEDURES1.1The Correctional Officer (CO) IV shall ensure that each CO III tracks the Criminal Aliens release andsubmits a standard pre-release packet five months prior to release in accordance with Department Order#1001, Inmate Release System.1.1.11.2The release packet shall indicate the proposed primary, secondary and third placements.1.1.1.1Criminal Aliens with identifiers of “3” and “6”, primary placement will be thedetainer to ICE. Secondary and third placements shall still be proposed.1.1.1.2Criminal Aliens with an identifier of “5” will be released directly to CommunitySupervision. The release packet shall include three proposed placements to thecommunity.The Institution Offender Information Unit shall complete the Criminal Alien Release, Form 1004-26, on allcriminal aliens be released from ADC custody.1.2.1A copy of Criminal Alien Release, Form 1004-26, shall be given to the ICE agent upon releaseof the Criminal Alien from the Department. A copy shall also be sent to CommunityCorrections and the Master Record File.1.2.2A copy of the signed conditions of supervision and release Form 1002-3 and the pre-releaseinvestigation report and release authorization Form 1003-6A shall be given to the all CriminalAliens with identifiers of “3”,”5” or “6” who have community supervision.1.2.3Copies of the forms shall be sent to the Master Record File and Community Corrections.1.2.4No Criminal Aliens with a citizenship status of “5” shall be released on a TR/CSBD unlessthere is an approved placement, by Community Corrections, to the community.Page 2 of 3
1.3Community Corrections shall monitor all Criminal Aliens, using the AIMS batch report and Form 1004-26,released to the custody of ICE.1.3.1Upon notification from ICE that the Criminal Alien is not amenable to deportation, CommunityCorrections shall determine if the inmate has reached their Community Supervision End Date(CSED). If they have not reached the CSED the inmate shall be supervised by CommunityCorrections.ATTACHMENTSAttachment I: Non-violent ARS CodesAttachment II: Criminal Alien Release, Form 1004-26Attachment III: ICE Acknowledgement Letter{Original Signature on File}Page 3 of 3
ATTACHMENT IA.R.S. 132503132505132507132508132510NON-VIOLENT A.R.S. CODESDESCRIPTIONBURGLARYBURGLARYCRIMINAL TRESPASS 1ST DGRBURGLARY TOOLS POSSESSIONBURGLARY 3RD DEGREEBURGLARY 2ND DEGREECRIMINAL DAMAGEAGGRAVATED CRIMINAL DAMAGEARSON OF STRUCTURE/PROPRTYBURNING OF WILDLANDSTHEFTUNLAW USE OF MEANS OF TRNSTHEFT BY EXTORTIONSHOPLIFTINGUNLAW FAIL RTRN RENTD PROPFAIL RTRN VEH-SECURITY/NTTHFT MEANS OF TRNSPRTATIONFORGERYCRIM POSS FORGERY DEVICECRIMINAL SIMULATIONCRIMINAL IMPERSONATIONTAKING IDENTITY OF ANOTHERAGGRAVTD TAKING IDENTITYTRAFFICKING IDENTITYTHEFT CRDT CRD OBT FRAUDFORGERY OF CREDIT CARDSFRAUDULENT USE CREDIT CARDFALSE STMT-OBT CREDITCARDEXTORTION THREAT TO INFORMTRAFFICKING IN STOLEN PROPFRAUDULENT SCHEMS ARTIFICSFRAUD SCHEME/PRAC-CONCEALILLEGAL CONTROL ENTERPRISECOMPUTER FRAUDMONEY LAUNDERINGSMUGGLINGTAMPER W PUBLIC RECORDSECURE OFFENSE PROCEEDSOBSTRUCT CRIM INVEST/PROSCIMPERSONATE PEACE OFFICERESCAPE THIRD DEGREEESCAPE SECOND DEGREEPROMOTE PRISON CONTRABANDFAIL TO APPEAR FIRST DEGRESISTING ARRESTHINDERING PROSECUTION
ATTACHMENT 33406028013812801383132921011334040128062201HINDER PROSECUTION 1ST DEGCONTRABAND SECURE FACILITYTAKING IDENITY OF ANOTHERINFLUENCE A WITNESSRECEIVING BRIBE BY WITNESSTAMPERING W WITNESSTAMPER W PHYSICAL EVIDENCEINTERFER W/JUDICIAL PROCESDISORDERLY CONDUCTCRUELTY TO ANMLS/POULTRYHARASSMENTSTALKINGSURREPT RECORDPOSSESS & SELL INHALENTPRECURSOR CHEM-NONREPORTMARIJUANA VIOLATIONDANGEROUS DRUG VIOLATIONNARCOTIC DRUG VIOLATIONINVLV/USE MNR IN DRUG OFFNDRUG PARAPHERNALIA VIOLATUSE ELEC COMM DRUG TRANSUSE BLDG FOR DRUG SALE/MFGIMIT CTRL SBST/MFG/DISTRIBPUBLIC DISPLAY OBSCEN MTRLBIGAMYUNLAWFUL USE OF FOOD STAMPUNLAW COPY/SLE SNDS/IMGESOBTAIN UTILITY SVCS. FRAUDINTERF MONITOR DEVICECONDUCTING A CHOP SHOPPARENT FAILS SUPPORT 1996LEAVE ACCIDENT DEATH INJRYDWI LIQUOR OR DRUGSAGGRAVATED DRIVING/DWIDESTRUCTION OF PUBLIC JAILCONTROLLED SUBSTANCE VIOLSALE UNREGISTER SECURITIESSALE SECURITIES UNREG AGNTFRAUD BUY-SELL SECURITIESHOAXPOSSESS,SELL,MARIJUANAPOSSESSION & SALE NARCOTICDUI LQUOR/DRUGS/VPRS/COMBOAGGRAVATED DUIAGGRAVATED HARRASSMENTPRCRSR/REGULTD CHEM VIOLFLIGHT FROM LAW VEHICLE
Apr 26, 2016 · 1.1 The Correctional Officer (CO) IV shall ensure that each CO III tracks the Criminal Aliens release and submits a standard pre-release packet five months prior to release in accordance with Department Order #1001, Inmate Release System. 1.1.1 The release packet shall indic
