Key Points: 

• Governor OK’d creation of independent prison oversight office 

• No appropriation in budget makes finding funding a crucial next step 

• Lawmakers, proponents still hopeful for a robust oversight body 

Arizona is en route to creating an oversight office to monitor and report on the state Department of Corrections, Rehabilitation and Reentry after approval from the governor. 

All that’s missing is the money. 

Lawmakers and criminal justice reform advocates finally pushed a bill to enact an independent prison oversight mechanism over the finish line after a series of unsuccessful legislative sessions. 

But, with no appropriation in the state budget to get the office started, securing funding, either from the Legislature next session or from private or federal grants, stands as the next step in transforming the idea of an oversight office to a full-fledged government body. 

Still, proponents see the passage of the law as a positive and hope for a larger shift in how the Legislature and the governor know and manage the Department of Corrections. 

“I think people don’t really understand how to fix a system that they don’t understand,” Lauren Krisai, executive director of Justice Action Network, said. “I do believe that the part of this bill that is going to have the lasting impact is that this office reports to the Legislature and the governor and gives them insight into what is really happening inside of corrections.”

Both Sen. Shawnna Bolick, R-Phoenix, and Rep. Walt Blackman, R-Snowflake, introduced legislation this session to create an external oversight body within the state government to field complaints and report on the state Department of Corrections. 

Bolick’s bill ended up going the distance and did so with bipartisan support. Senate Bill 1507 passed the Senate 23-5 on third read and 26-3 on final read, while the House forwarded the measure with a 46-10 vote. 

As amended, the final proposal establishes the Independent Correctional Oversight Office and charges the body with monitoring confinement conditions and compliance with state and federal laws, disseminating information about inmate’s rights, accepting and investigating complaints, establishing a reporting system and submitting annual reports to the Legislature. 

Bolick said under the legislation, lawmakers “would finally have unbiased information.” 

“When issues in our prison system go unchecked, they don’t just harm incarcerated people, they affect families, staff, budgets and public safety,” Bolick said. “With this new Oversight Office, we’re bringing these issues into light and making a commitment to smart effective corrections management.” 

The office is headed by a director, appointed by the governor and confirmed by the Senate, and was originally intended to receive a $1.5 million continuous appropriation to support its operations. 

But hopes of funding hit a wall with the Governor’s Office and the Legislature, leading to an amendment cutting the appropriation and opting for the creation of a fund allowing the director to accept and spend federal dollars, private grants, gifts and contributions to carry out the work. 

In a statement, Bolick noted the Hobbs administration’s past calls to create an oversight mechanism. 

“What I didn’t realize is that it wasn’t as important as they had let on since the governor defunded it in the budget the Legislature just passed,” Bolick said. 

Bolick is still confident in the office’s staying power, though. 

“I very much look forward to receiving timely reports from this office in the future,” Bolick said. 

The hope by proponents of the bill and lawmakers is to continue a dialogue about including a $1.5 million appropriation for the office in next year’s budget. 

“If we can’t get anybody to actually work at the office, because there’s no appropriation to fund it, it can’t function,” Krisai said. 

With the infrastructure cemented into state law, advocates are hopeful. 

John Fabricius, executive director of Praxis Initiative, formerly Arizona for Transparency and Accountability in Corrections, worked with lawmakers to introduce one of the first oversight bills in 2020. 

Since then, some version of legislation proposing an independent corrections ombudsman or oversight committee, typically sponsored by Blackman, has come about in each legislative session. 

Fabricius said a key problem he saw with the state Department of Corrections was a continued struggle to see the full picture. 

“(Lawmakers) were doing their due diligence and still couldn’t get information out of there. That’s when you absolutely had a problem,” Fabricius said. “When it comes to prisons, they lock the fences, they control the narrative. So to have independent, external oversight come into these facilities and be an eyes and ears … That is a game changing event for corrections in this state.”

Fabricius noted the bipartisan support for the bill this session and urged the need for it to continue, and to continue beyond funding, as the governor would be charged with appointing a director to head the agency, subject to Senate approval. 

“This is not an area of our government that we need to play political games, and it is directly related to public safety, and there’s human lives involved all the way across the board,” Fabricius said. “We need to keep the politics out of this and keep the solutions in front of us.” 

Sen. Analise Ortiz, D-Phoenix, stressed the same but drew a silver lining. 

“There is such an overwhelming consensus from both sides of the aisle that this is an office that is desperately needed,” Ortiz said. “So, I have faith that, working across the aisle next year, we will be able to get some of that initial funding in the budget so this could be something that, long term, serves the people of Arizona.” 

Gov. Katie Hobbs signed the bill in her final legislative action of the session, but did not respond to a request for comment. The Arizona Department of Corrections, Rehabilitation and Reentry did not respond to an inquiry either. 

The department remained neutral on the bill throughout the legislative process, though it raised some concerns about duplicative work being done by the office and the department internally. 

As for broader work on prison safety and transparency, Hobbs said her office continues to work with ADCRR Director Ryan Thornell “to address the overall safety and security of our prison facilities, both for the inmates and the staff who work there.”