BILL #    HB 2680	TITLE: sentencing enhancements; vulnerable; incapacitated; adult.
SPONSOR:    Way	STATUS: As Amended by House COW
PREPARED BY:    Jordan Johnston

Description

The bill would increase prison sentences for adults who commit a felony offense against a victim that is a vulnerable adult.

Estimated Impact

We estimate the bill would increase the Arizona Department of Corrections' (ADC) operating costs in the long run as individuals convicted under the enhanced sentencing requirements spend more time in prison than currently required by law.  The impact could start as early as 6 months from the general effective date of the bill (the current minimum applicable sentence for a felony crime).  However, we are unable to determine the magnitude of this cost increase due to insufficient data regarding the number of felony convictions involving a vulnerable adult.

Analysis

A.R.S. § 13-3623 defines vulnerable adults as individuals 18 years of age or older and who are unable to protect themselves from abuse, neglect or exploitation by others due to a mental or physical impairment.  The bill would increase the statutory prison sentence guidelines by 3 years for class 4, 5 or 6 felonies and by 5 years for class 2 or 3 felonies if the crime was committed against a vulnerable adult.  The bill would further make these convicted persons ineligible for suspension of sentence, probation, pardon or release from confinement, barring outlined exceptions.  For reference, the minimum sentencing period for a class 6 felony is 6 months, which is the lowest minimum sentencing for a felony crime.

The Administrative Office of the Courts (AOC) does not track the number of felony crimes committed against vulnerable adults.

Local Government Impact

None

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