 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
earned release credits; drug offenses
Purpose
Allows specified inmates serving a prison sentence for possession or use of marijuana, dangerous drugs or narcotic drugs, or possession of drug paraphernalia, to be eligible for earned release credits at a rate of three days for every seven days served.
Background
The Arizona
Legislature passed truth-in-sentencing laws in 1993, that altered earned
release mechanisms and abolished parole for offenses committed on or after
January 1, 1994 (Laws 1993, Chapter 255). This legislation also mandated that
an inmate serve his or her entire
court-imposed sentence, except that a person may be eligible for earned release
credits for up to a 15 percent reduction of his or her sentence for good
behavior (one day of earned release credit for every six days served).
Arizona’s truth-in-sentencing laws also created community supervision
for inmates who commit offenses on or after January 1, 1994. Once an inmate has
reached his or her earned release date or sentence expiration date, the inmate
is released to begin his or her term of community supervision or a term of
probation if the court waives community supervision.
Statute specifies 24
offenses that are considered a violent or aggravated felony (A.R.S.
§ 13-706).
There may be a positive fiscal impact to the state General Fund in future fiscal years as a result of eligible inmates being released earlier from prison to community supervision.
Provisions
1. Increases, from one day for every six days served to three days for every seven days served, the earned release credit for a prisoner who:
a) was sentenced for possession or use of marijuana, a dangerous drug or a narcotic drug, or possession of drug paraphernalia;
b) has successfully completed a drug treatment program or other major self-improvement program provided by the Arizona Department of Corrections (ADC) during the prisoner's term of imprisonment; and
c) has not previously been convicted of a violent or aggravated felony.
2. Requires ADC to provide notice to any prisoner who is potentially eligible for earned release credits at the increased rate, including the statutory eligibility requirements, when the prisoner is admitted to custody.
3. Requires ADC to annually report the recidivism rate of prisoners released early based on the new earned release credit qualifications for a minimum of three years after the prisoner is released.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted in Committee
1. Allows prisoners sentenced for possession of drug paraphernalia to be eligible for earned release credits at a rate of three days for every seven days served.
2.
Allows prisoners to be eligible for the earlier release if they've
completed a major
self-improvement program instead of a drug treatment program.
3. Requires ADC to provide notice to a prisoner who is potentially eligible for earned release credits at the increased rate.
4. Adds reporting requirements.
Senate Action
JUD 2/14/19 DPA 7-0-0
Prepared by Senate Research
February 5, 2019
JA/RC/kja