REFERENCE TITLE: prisoners; earned release credits |
State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2629 |
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Introduced by Representatives Mach, Alston, Benally, Cardenas, Clark, Espinoza, Fernandez, Gabaldón, Gonzales, Hale, Larkin, Saldate, Velasquez, Wheeler: Andrade, Kopec, McCune Davis, Mendez, Plumlee, Rios
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AN ACT
amending section 41-1604.07, Arizona Revised Statutes; relating to prisoners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1604.07, Arizona Revised Statutes, is amended to read:
41-1604.07. Earned release credits; forfeiture; restoration
A. Pursuant to rules
adopted by the director, each prisoner who is in the eligible earned release
credit class shall be allowed an earned release credit of one day for every six days served as set forth in subsection B of
this section, including time served in county jails, except for those
prisoners who are sentenced to serve the full term of imprisonment imposed by
the court.
B. The earned release credit is:
1. One day for every six days served if the defendant is sentenced to a term of imprisonment for a serious offense or violent or aggravated felony as defined in section 13-706.
2. One day for every three days served if the defendant is sentenced to a term of imprisonment for an offense not listed in paragraph 1 of this subsection.
B. C. Release credits
earned by a prisoner pursuant to subsection A of this section shall not reduce
the term of imprisonment imposed by the court on the prisoner.
C. D. On
reclassification of a prisoner resulting from the prisoner's failure to adhere
to the rules of the department or failure to demonstrate a continual
willingness to volunteer for or successfully participate in a work,
educational, treatment or training program, the director may declare all
release credits earned by the prisoner forfeited. In the discretion of the
director forfeited release credits may subsequently be restored. The
director shall maintain an account of release credits earned by each prisoner.
D. E. A prisoner who
has reached the prisoner's earned release date or sentence expiration date shall
be released to begin the prisoner's term of community supervision imposed by
the court or term of probation if the court waived community supervision
pursuant to section 13‑603, except that the director may deny or delay
the prisoner's release to community supervision or probation if the director
believes the prisoner may be a sexually violent person as defined in section 36‑3701
until the screening process is complete and the director determines that the
prisoner will not be referred to the county attorney pursuant to section 36‑3702. If
the term of community supervision is waived, the state department of
corrections shall provide reasonable notice to the probation department of the
scheduled release of the prisoner from confinement by the department. If
the court waives community supervision, the director shall issue the prisoner
an absolute discharge on the prisoner's earned release credit date. A prisoner
who is released on the earned release credit date to serve a term of probation
is not under the control of the state department of corrections when community
supervision has been waived and the state department of corrections is not
required to provide parole services.
E. F. Notwithstanding
subsection D E of this section, a prisoner who fails to
achieve functional literacy at an eighth grade literacy level shall not be
released to begin the prisoner's term of community supervision until either the
prisoner achieves an eighth grade functional literacy level as measured by
standardized assessment testing or the prisoner serves the full term of
imprisonment imposed by the court, whichever first occurs. This
subsection does not apply to inmates who either:
1. Are unable to meet
the functional literacy standard required by section 31‑229.02, subsection
A, due to a medical, developmental
or learning disability as described in section 31‑229, subsection C.
2. Are classified as level five offenders.
3. Are foreign nationals.
4. Have less than six months incarceration to serve on commitment to the department.
F. G. The
department shall establish conditions of community supervision it deems
appropriate in order to ensure that the best interests of the prisoner and the
citizens of this state are served. As a condition of community supervision the
director:
1. May order a released prisoner to participate in an appropriate drug treatment or education program that is administered by a qualified agency, organization or individual approved by the department of health services and that provides treatment or education to persons who abuse controlled substances. Each person who is enrolled in a drug treatment or education program shall pay for the cost of participation in the program to the extent of the person's financial ability.
2. may order additional conditions may include including participation in a rehabilitation program or counseling and performance of community restitution work. , except that
3. If the prisoner was convicted of a violation of sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age, the department shall impose as a condition of community supervision a prohibition on residing within four hundred forty feet of a school or its accompanying grounds. for the purposes of this paragraph, "school" means any public, charter or private school where children attend classes.
h. If a prisoner who reaches the prisoner's earned release credit date refuses to sign and agree to abide by the conditions of supervision before release on community supervision, the prisoner shall not be released. When the prisoner reaches the sentence expiration date, the prisoner shall be released to begin the term of community supervision. If the prisoner refuses to sign and agree to abide by the conditions of release, the prisoner shall not be released on the sentence expiration date and shall serve the term of community supervision in prison. The department is required to supervise any prisoner on community supervision until the period of community supervision expires. The department may bring a prisoner who is in violation of the prisoner's terms and conditions before the board of executive clemency. For the purposes of this subsection, "school" means any public, charter or private school where children attend classes.
G. i. The
director pursuant to rules adopted by the department shall authorize the
release of any prisoner on the prisoner's earned release credit date to serve
any consecutive term imposed on the prisoner. The release shall be for the
sentence completed only. The prisoner shall remain under the custody and
control of the department. The director may authorize the rescission of the
release to any consecutive term if the prisoner fails to adhere to the rules of
the department.
H. j. If a prisoner absconds from
community supervision, any time spent before the prisoner is returned to
custody is excluded in calculating the remaining period of community
supervision.
I. k. A prisoner shall forfeit five
days of the prisoner's earned release credits:
1. If the court finds or a disciplinary hearing held after a review by and recommendations from the attorney general's office determines that the prisoner does any of the following:
(a) Brings a claim without substantial justification.
(b) Unreasonably expands or delays a proceeding.
(c) Testifies falsely or otherwise presents false information or material to the court.
(d) Submits a claim that is intended solely to harass the party it is filed against.
2. For each time the prisoner tests positive for any prohibited drugs during the period of time the prisoner is incarcerated.
J. l. If the prisoner does not have
five days of earned release credits, the prisoner shall forfeit the prisoner's
existing earned release credits and shall be ineligible from accruing earned
release credits until the number of earned release credits the prisoner would
have otherwise accrued equals the difference between five days and the number
of existing earned release credit days the prisoner forfeits pursuant to this
section.
K. m. The
director may authorize temporary release on inmate status of eligible inmates
pursuant to rules adopted by the director within ninety days of any other
authorized release date. The release authorization applies to any inmate who
has been convicted of a drug offense, who has been determined to be eligible
for participation in the transition program pursuant to section 31‑281
and who has agreed to participate in the transition program.