 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
sentencing; credit; electronic monitoring
Purpose
Includes time a defendant spends on electronic monitoring before being sentenced towards a term of imprisonment.
Background
A prison sentence commences when a sentence is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise, the term of imprisonment begins when the defendant is actually in custody. All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for that offense is credited against the term of imprisonment otherwise provided for by statute. If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence is credited against the new sentence (A.R.S. § 13-712).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Includes time that a defendant spent on electronic monitoring under court or probation department supervision, before being sentenced to imprisonment, as time actually spent in custody that is counted towards a term of imprisonment.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
CRJ 2/10/21 DPA 9-0-0-0
3rd Read 2/23/21 59-0-1
Prepared by Senate Research
March 23, 2021
JA/kja