13-4411.01. Notice of right to request not to receive inmate communication; definition

343 words·~2 min read·/az/title-13/13-4411-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Within fifteen days after a defendant is sentenced to the state department of corrections, the prosecutor's office shall notify the victim of the right of the victim, any member of the victim's family or any member of the victim's household, to request not to receive any communication from the inmate who was convicted of committing a criminal offense against the victim. The notice shall:

1. Be made on the postconviction notice request form provided by the prosecutor to the victim pursuant to section 13-4411.

2. Inform the victim of the right of the victim, or any member of the victim's family or household who is denoted by the victim on the form, to request not to receive any communication from the inmate.

3. Instruct the victim how to file the completed request form with the state department of corrections.

4. Include the following statement:

If the defendant is incarcerated in the state department of corrections, you have the right to request that the defendant not send you, members of your family or members of your household any communication. If the defendant sends you or your family or household members any communication after you have made this request, you or the members of your family or household have the right to report the incident to the state department of corrections for sanctions against the defendant.

B. On receipt of a postconviction notice request form in which a request not to receive any inmate communication is indicated, the state department of corrections shall notify the inmate of the request and that making any communication to the victim, or the family or household members who are denoted by the victim, will result in appropriate sanctions, including reduction or denial of earned release credits and review of all outgoing communications.

C. The department shall not knowingly allow any communication to any person who requests not to receive any inmate communication pursuant to this section.

D. For the purposes of this section, "communication" means any written, verbal or nonverbal communication, including mail, electronic communications and telephone calls.