ARIZONA HOUSE OF REPRESENTATIVES

SB 1211: sentence; life imprisonment; parole eligibility

PRIME SPONSOR: Senator Burges, LD 22

BILL STATUS: House Engrossed

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 in 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;

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

2. Requires a person granted parole 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;

b. Sentenced after January 1, 1994 before 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).

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 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)

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.  Parole oversight is also provided by the BOEC, which makes the determination if a person is eligible for parole. Parole decisions do not require gubernatorial action. The parole process is outlined in A.R.S. §§ 31-411 and 31-412.

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Fifty-third Legislature                  SB 1211

Second Regular Session                               Version 3: House Engrossed

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