ARIZONA HOUSE OF REPRESENTATIVES

SB 1211: sentence; life imprisonment; parole eligibility

PRIME SPONSOR: Senator Burges, LD 22

BILL STATUS: Judiciary & Public Safety

Abstract

Relating to parole eligibility for persons convicted of first degree murder.

Provisions

1. Makes a person eligible for parole after serving the minimum number of years of the person's sentence, if the person was:

a. Convicted of first degree murder;

b. Sentenced to life with the possibility of parole after serving a minimum number of years; and

c. Sentenced under a plea agreement containing the stipulation to parole eligibility. (Sec 1)

2. Requires a person granted parole under this law to remain on parole for life, unless parole is revoked. (Sec 1)

3. Applies to defendants who:

a. Enter into a plea agreement stipulating to parole eligibility; and

b. Are sentenced between January 1, 1994 and the effective date of this bill. (Sec 1)

4. Makes technical and conforming changes. (Sec 2)

Current Law

A.R.S. § 13-751 outlines penalties for first degree murder. A defendant (over 18 years of age) may be sentenced to the following, depending on the circumstances of the offense:

1) Death;

2) Natural life (life in prison without any chance for release on any basis); or

3) Life, which requires the person to serve at least 25 calendar years in prison before becoming eligible for release (35 years if the victim was under 15 years old).

Prior to January 1, 1994, an additional option existed for sentencing persons convicted of first degree murder:  life with the option of parole after serving 25 years.  This option was removed by Laws 1993, Ch. 255, commonly referred to as "Truth in Sentencing."  Laws 1993, Ch. 255 eliminated parole as an option for all offenses committed after January 1, 1994 and created community supervision in its place.  Under the new sentencing rules, a person must serve 85% of the sentence to be eligible for community supervision; previously a person could become parole-eligible after serving 50%-66% of the sentence, depending on the offense (A.R.S. § 41-1604.07 and A.R.S. § 41-1607.09). 

A.R.S. Title 31, Ch. 3 outlines the duties and responsibilities of the BOEC.  Persons convicted after January 1, 1994 may apply to the BOEC for commutation of sentence (release).  A.R.S. § 31-402 provides that the BOEC may make recommendations to the Governor for commutation after finding by clear and convincing evidence that the sentence "is clearly excessive given the nature of the offense and the record of the offender and that there is a substantial probability that when released, the offender will conform the offender's conduct to the requirements of the law."  This process requires the BOEC to conduct a hearing where the victim, county attorney and presiding judge have an opportunity to be heard. If the BOEC recommends commutation, the recommendation goes to the Governor. If the Governor doesn't act on the recommendation within 90 days and the recommendation was unanimous from the BOEC, it automatically becomes effective.  A person convicted of first degree murder cannot petition for commutation for five years following a denial from the BOEC (A.R.S. § 31-403). 

Offenders convicted prior to January 1, 1994 fall under the old sentencing guidelines and may be eligible for parole.  Parole eligibility is determined by ADC (A.R.S. § 41-1604.09).  If an offender is deemed eligible for parole the BOEC must authorize the offender's release if it appears that:

· The offender will remain at liberty without violating the law; and

· Release is in the best interests of the state (A.R.S. § 31-412)

Parole decisions do not require gubernatorial action.  While on parole, the person is under the control of ADC.  If there is reasonable cause that the offender has violated parole, a warrant may be issued to take the offender back into custody (A.R.S. § 31-415).

Additional Information

More information about the BOEC process can be found here.

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Fifty-third Legislature                  SB 1211

Second Regular Session                               Version 1: Judiciary & Public Safety

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