UPDATE:
The Maricopa County Attorney’s Office has officially charged a state corrections officer for allegedly having sex with an inmate.
A direct complaint listing a single felony charge was officially filed against Jose Figueroa on Oct. 31, 2023, records show.
He was mailed a summons to appear in court on Nov. 30.
The official charge comes more than a month after Figueroa’s arrest.
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ORIGINAL STORY:
A state corrections officer arrested more than a month ago for allegedly having sex with an inmate is no longer facing criminal charges, and it’s unclear if prosecutors will resurrect the case.
Jose Figueroa was booked into Maricopa County jail on September 26 on the preliminary felony charge of unlawful sexual conduct with an inmate.
He was released the next day on a $20,000 bond, according to a court release order.
But the Maricopa County Attorney’s Office let the charge lapse by not officially filing a direct complaint or bringing the case before a grand jury.
In an email, a spokesperson confirmed the office received a submittal for the case and said it is “currently under review.”
The county attorney’s office refused to provide ABC15 with a copy of the jail booking form, which is a common public record that states the probable cause for arrest.
“Given the procedural posture of this case, release of this record is not in the best interest of the state and is therefore withheld at this time,” a spokesperson said in an email.
But ABC15 obtained the booking form separately from the Superior Court.
It said Figueroa admitted to criminal investigators that he had sexual intercourse with a woman inmate in a control room in the Lumley Unit of the Perryville prison complex.
The record also said the victim provided investigators with evidence to verify the allegations.
According to state and federal law, consent is not a factor when it comes to sex between officers and inmates because of the dynamics of power and control within a prison setting.
MCAO has not yet responded to follow-up questions, asking for more information about why the case is still under review and why charges haven’t been officially filed.
The Arizona Department of Corrections provided the following statement:
Upon credible allegations of sexual misconduct in August 2023, the ADCRR began a swift and thorough investigation of ASPC-Perryville correctional officer, Jose Figueroa. During the investigation, Mr. Figueroa resigned from his position with the ADCRR. Subsequently he was arrested and booked into Maricopa County Jail. The Department provided to the Maricopa County Attorney’s Office (MCAO) all material relevant to the ADCRR's investigation. The ADCRR will not speak to the protected health information of inmates.
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
