Legislation (HB 2002) that will give county detention officers throughout the state of Arizona the authority to arrest a prisoner who is about to be released, if there are outstanding arrest warrants for the prisoner is being proposed by Representative Sonny Borrelli.
Currently, peace officers are exempt from the punishment of unlawful imprisonment if they are detaining a person. HB 2002, grants to detention officers the power to arrest a prisoner on an outstanding arrest warrant if the person is already in the custody of a jail facility, and expands to detention officers acting in their official capacity a defense to the crime of unlawful imprisonment.
HB 2002 was passed unanimously by the Public Safety, Military and Regulatory Affairs committee, and passed on Third Read in the House of Representatives 57 – 2. The bill now awaits a hearing in the Senate.
“This bill cuts the bureaucratic red tape that is allowing prisoners with outstanding warrants to walk free,” Borrelli said. “It streamlines the process so a detention officer can detain a prisoner for arrest if necessary.”
Shortly before a prisoner is scheduled to be released, a search for arrest warrants in other counties and states is performed.
Currently only a sworn officer can arrest a prisoner if the detention officer discovers an outstanding arrest warrant. In many rural counties, however, sworn officers are not as readily available. And unfortunately, when release time arrives if an officer is not available, the person is allowed to walk free.
The legislation is supported by the Arizona Peace Officer Standards and Training Board, and the Arizona Association Of Counties.