On February 19, 2026, Speaker of the Arizona House Steve Montenegro and President of the Arizona Senate Warren Petersen issued a joint statement on behalf of the Arizona Legislature condemning a federal court order that places Arizona’s prison health care system under receivership.
The legislative leaders said the order in Jensen v. Thornell removes control from Arizona voters and their elected representatives, placing responsibility for prison health care in the hands of an unelected receiver with no clear end date. They said this could result in open-ended taxpayer costs and less accountability.
“The Arizona State Legislature unequivocally condemns the federal court’s order placing Arizona’s prison health care system into receivership (…) This is a serious overreach. It strips control from Arizona voters and their elected representatives, places a core state responsibility in the hands of an unelected receiver with no clear end date, and exposes taxpayers to open-ended costs. At a time when many law-abiding Arizonans are struggling to afford doctor visits, prescription drugs, and basic coverage, it is deeply troubling that a federal judge is now positioned to mandate a level of health care for convicted criminals that exceeds what many taxpayers themselves can access or afford,” according to Montenegro and Petersen.
They acknowledged longstanding problems in medical and mental health care for inmates but highlighted recent efforts by the legislature to address these issues. These include increasing full-time equivalent health care staffing from about 800 positions at the time of the 2022 findings to about 1,340 as of November 2025, investing more than $1.3 billion in prison health care services over three years, expanding mental health programming, inpatient capacity, specialized treatment initiatives, implementing court injunctions from 2023, and bearing litigation-related costs exceeding $6 million through December 2025. Health care spending reportedly rose from $148 million in fiscal year 2016 to $437 million in fiscal year 2025.
Montenegro and Petersen said that despite these efforts and an ongoing appeal regarding staffing plans before the Ninth Circuit under the Prison Litigation Reform Act, “the court’s order sweeps aside these efforts (…) It gives the receiver broad authority over a major state function, including the potential to override state laws governing privatization of prison health care and AHCCCS reimbursement rates. That means more costs, less accountability, and no sunset.” They added: “Arizona’s prison health care system must meet constitutional standards. But the way to get there is through accountable state government, not indefinite federal control (…). When decisions are removed from elected leaders, the public loses oversight, and taxpayers lose any meaningful check on spending.”
The statement also noted support for ADCRR’s announced appeal against receivership: “We are encouraged that Director Thornell has likewise made clear that this ruling is without merit and will be challenged on appeal (…) The Arizona Legislature supports ADCRR’s announced appeal and urges all branches of Arizona government to vigorously defend the state’s authority to manage its own institutions while continuing reforms already underway.” The leaders concluded by stating they would continue monitoring developments closely.
