Assigned to JUD FOR
COMMITTEE
Assigned to JUD FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
sentence; life imprisonment; parole eligibility
Purpose
Stipulates that a person convicted of first degree murder after January 1, 1994, who received a sentence of life with the possibility of parole pursuant to a plea agreement is eligible for parole after serving the minimum number of years specified in the sentence.
Background
First degree murder is a class 1 felony and is punishable by death or life imprisonment (A.R.S. § 13-1105). A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis. If the defendant is sentenced to life, the defendant may not be released on any basis until the completion of the service of 25 calendar years if the murdered person was 15 or older and 35 years if the murdered person was under 15 years old or was an unborn child (A.R.S. § 13-751).
The Arizona Legislature passed truth-in-sentencing laws in 1993. Laws 1993, Chapter 255, altered earned release mechanisms and abolished parole for offenses committed on or after January 1, 1994. Parole is a period of conditional supervised release outside of prison before an entire prison term is completed and is granted by the Arizona Board of Executive Clemency after the inmate has served a portion of the inmate’s sentence and has applied for release on parole. Persons on parole are supervised by the Arizona Department of Corrections. Parole eligibility dates are calculated in accordance with the provisions of the committing offense and the laws in effect at the time the offense was committed. Inmates who committed an offense prior to January 1, 1994, are parole-eligible after serving one-half to two-thirds of the imposed sentence (A.R.S. § 41-1604.09).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates, for first degree murder conviction sentences between January 1, 1994 and the general effective date, that a person who was sentenced to life with the possibility of parole pursuant to a plea agreement is eligible for parole after serving the minimum number of years specified in the sentence.
2. Requires, if granted parole, the parolee to remain on parole for the remainder of the person's life, unless revoked.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 30, 2018
JA/lat