Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2328
Arizona correctional industries; workplace injuries
Purpose
Prohibits a prisoner, in an action for damages brought against a private entity contracted to
provide prisoner services or labor, from introducing into evidence the cost of medical services the
Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) or the State of Arizona
paid on the prisoner's behalf due to the prisoner's injury or death. Allows a prisoner to introduce
any amount the prisoner has paid for medical services.
Background
The Director of ADCRR (Director) may contract with any state agency, political
subdivision or state department or any private person, firm, corporation or association to provide
services or labor rendered by prisoners. All monies derived from contract services are deposited
into the Arizona Correctional Industries Revolving Fund (A.R.S. § 41-1624.01).
The Director must provide medical and health services for prisoners and must establish
reasonable medical and health service fees for the services that are provided. Exceptions to the
requirement that every inmate be charged a reasonable medical and health services fee for each
medical visit are made for: 1) medical visits initiated by the ADCRR medical or mental health
staff; 2) medical visits to a physician by inmates who are referred by a physician assistant or nurse
practitioner; 3) inmates at reception centers; 4) juvenile inmates, pregnant inmates or seriously
mentally ill inmates; 5) inmates who are housed or inpatients in a special programs unit, unit 8 at
the Florence prison facility, the Alhambra prison facility special programs psychiatric hospital or
the Flamenco prison facility mental health treatment unit; or 6) inmates who are undergoing
administrative physical examinations for statewide driver status and firefighting crews or for
follow-up medical treatment for chronic diseases (A.R.S. § 31-201.01).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a prisoner, in an action for damages for a work-related injury or death brought against
a private person, firm, corporation or association contracted to provide services or prisoner
labor, from introducing into evidence the amount or cost of medical and health services
ADCRR or Arizona paid on the prisoner's behalf due to the prisoner's injury or death.
2. Allows a prisoner to introduce into evidence any amount the prisoner has paid for or
contributed to secure the prisoner's right to medical and health services.
3. Becomes effective on the general effective date. FACT SHEET
H.B. 2328
Page 2
House Action
MAPS 1/31/22 DP 8-7-0-0
3
rd
Read 2/17/22 31-28-1
Prepared by Senate Research
March 1, 2022
ZD/HW/sr