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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
House: CJR DPA 9-0-0-0 |
HB 2713: release credits; prisoners
Sponsor: Representative Blackman, LD 6
House Engrossed
Overview
Modifies the earned release credits program available to eligible prisoners.
History
The Department is required to establish a transition program that provides eligible inmates with transition services in the community for up to ninety days. (A.R.S. § 31-281)
Every prisoner who is in an earned release credit class is allowed an earned release credit. The earned release credit is three days for every seven days if the following occur: 1) the prisoner has been sentenced for possession or use of marijuana, a dangerous drug or a narcotic drug; 2) the prisoner has completed a drug treatment or self-improvement program during their imprisonment; and 3) the prisoner has not been previously convicted of a violent or aggravated felony. (A.R.S. § 41.1604.07)
The Director of the Department (Director) can forfeit all of a prisoner's earned release credits if the prisoner fails to adhere to the rules of the Department or fails to demonstrate a continual willingness to volunteer for or successfully participate in a work, educational, treatment or training program. (A.R.S. § 41.1604.07)
A prisoner who does not achieve an eighth-grade functioning literacy level is not allowed to start the term of community supervision until the following occurs: 1) an eighth-grade functioning literacy level is achieved; 2) the prisoner is released into and enrolls in the transition program established by the Department of Corrections (ADC) that helps the prisoner achieve functional literacy; or 3) the prisoner serves the full term of imprisonment imposed by the court; whichever occurs first. (A.R.S. § 41.1604.07)
If a court or a disciplinary hearing held after a review from the Attorney General's office determines that a prisoner has brought a claim without substantial justification, the prisoner will forfeit five days of their earned release credit. (A.R.S. § 41.1604.07)
The Department is required to annually report the recidivism rate of prisoners released and report information relating to prisoners at the end of each fiscal quarter. (A.R.S. § 41.1604.07)
Provisions
1. Requires ADC to notify victims who request postconviction notices of the prisoner's earliest release date within 30 days after the prisoner qualifies for earned release credits. (Sec. 1)
2. Requires ADC to make literacy programming and standardized assessments available to inmates who do not demonstrate functional literacy at an eighth-grade level before becoming eligible for release due to earned release credits, unless specific conditions apply. (Sec. 2)
3. Requires ADC to make the eligibility determination for release and provide the standardized literacy assessment testing before the earliest date that the inmate becomes eligible for release unless specific conditions apply. (Sec. 2)
4. Removes language classifying an inmate as ineligible for release due to earned release credits and from beginning a term of community supervision if the inmate does not demonstrate functional literacy at an eighth-grade level. (Sec. 2, 3, 4)
5. Allows eligible prisoners to earn release credits at the rate of one day for every six days served. (Sec. 4)
6. Allows eligible prisoners sentenced for a drug offense to earn release credits at the rate of five days for every six days if the prisoner meets the following requirements:
a) Was not sentenced for a serious or violent offense; and
b) Participated for six months in an Arizona Correctional Industries work program or has completed specific programs relating to education, substance abuse treatment or vocational or skills-based training. (Sec. 4)
7. Allows eligible prisoners who were not sentenced for a drug offense to earn release credits at the rate of two days for every six days if the prisoner meets the following requirements:
a) Was not sentenced for a serious or violent offense; and
b) Participated for six months in an Arizona Correctional Industries work program or has completed specific programs relating to major self-improvement, education, substance abuse treatment, vocational or skills-based training. (Sec. 4)
8. States a previous conviction for a serious or violent offense only applies to a prisoner who committed the offense when the prisoner was eighteen years of age. (Sec. 4)
9. Specifies the modified earned release credit program does not apply to a prisoner who was sentenced for a violent or dangerous offense after the effective date of this act. (Sec. 4)
10. Enables a prisoner whose release credits were forfeited to apply to restore the earned release credits if certain conditions are met. (Sec. 4)
11. Allows ADC to determine if a prisoner, to the extent the prisoner is able, should pay for the cost of program participation. (Sec. 4)
12. Stipulates a prisoner will forfeit five days of earned release credits if the prisoner submits a claim knowing it is without substantial justification. (Sec. 4)
13. Requires ADC to report annually to the Governor, Legislature and Secretary of State specific information on the earned release credits program, including the following new requirements:
a) The number of prisoners by institution who received earned release credits and participated in eligible programming;
b) The number of prisoners by institution who received substance abuse treatment;
c) The number of prisoners by institution who are eligible for release and who were released; and
d) The number of earned release credits forfeited by prisoners each month and the reason why the earned release credits were forfeited. (Sec. 4)
14. Applies to prisoners serving a term of imprisonment on or after the effective date of this act. (Sec. 5)
15. States a prisoner who met specific programming requirements before the effective date of this act is eligible to begin earning earned release credits. (Sec. 5)
16.
Makes technical and
conforming changes. (Sec. 1, 2, 3, 4)
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HB 2713
Initials LC Page 0 House Engrossed
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