 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
earned release credits; drug offenses
Purpose
An emergency measure that 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. Outlines reporting requirements for the Arizona Department of Corrections (ADC).
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).
The fiscal impact to the state General Fund is unknown at this time.
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, dangerous drugs or narcotic drugs, or possession of drug paraphernalia;
b) has successfully completed a drug treatment program or other major self-improvement program provided by 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. Requires ADC to report the following information at the end of each fiscal quarter:
a) the number of prisoners who received earned release credits for each month of the reporting period and the percentage of the total prison population that received earned release credits;
b) the number of prisoners who were eligible for earned release credit;
c) the number of prisoners who participated in a drug treatment program or other major self-improvement program in each month of the reporting period, including the percentage of the total prison population that has participated in those programs;
d) the number of prisoners who are eligible for release into a transition program in each month of the reporting period and the percentage of the total prison population that is eligible for release into the program;
e) the number of prisoners who are enrolled in a transition program in each month of the reporting period, including the percentage of the total prison population that is enrolled in the program, including the following information for enrolled prisoners;
f) the number of prisoners who are released into a transition program in each month of the reporting period, including the percentage of the total prison population that is released into the program;
g) the six-month success, return to custody and new conviction rates for prisoners who are released to a transition program;
h) the one-year success, return to custody and new conviction rates for prisoners who are released to a transition program;
i) the two-year success, return to custody and new conviction rates for prisoners who are released to a transition program;
j) the three-year success, return to custody and new conviction rates for prisoners who are released to a transition program; and
k) the number of prisoners who received treatment for substance abuse during the first half of the prisoner's total sentence and the percentage of the total prison population that received treatment for substance abuse during the first half of the prisoners' total sentence.
5. Exempts, from community supervision literacy requirements, certain prisoners released using earned released credit.
6. Exempts certain prisoners released using earned released credit from being ordered by the Director of ADC to apply for health care benefits through the Arizona Health Care Cost Containment System (AHCCCS) before being released.
7. Applies the changes to earned release credits to prisoners who are serving a term of imprisonment in ADC on and after the effective date.
8. Makes conforming changes.
9. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by 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.
Amendments Adopted by the House of Representatives
1. Exempts, from community supervision literacy requirements, certain prisoners released using earned release credit.
2. Exempts certain prisoners released using earned released credit from being ordered by the Director of ADC to apply for health care benefits through AHCCCS before being released.
3. Outlines reporting requirements for ADC.
4. Adds an emergency clause.
Senate Action House Action
JUD 2/14/19 DPA 7-0-0 JUD 3/27/19 DP 6-4-0-0
3rd Read 2/27/19 30-0-0 3rd Read 5/27/19 60-0-0
Prepared by Senate Research
May 27, 2019
JA/RC/kja