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REFERENCE TITLE: juveniles; parole eligibility; release presumption |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1718 |
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Introduced by Senator Gonzales
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AN ACT
Amending title 31, chapter 3, article 2, Arizona Revised Statutes, by adding section 31-419; relating to parole.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 31, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 31-419, to read:
31-419. Juvenile offenders; parole eligibility; parole hearing; mitigating factors; presumption of release; sentencing
A. Notwithstanding any other law, a person who was sentenced to serve twenty-five or more years for one or more offenses that were committed when the person was under eighteen years of age and who has completed at least fifteen years of the sentence imposed is eligible for parole.
B. a person who is eligible for parole pursuant to subsection a of this section has the right to a parole hearing regardless of whether the person is serving concurrent or consecutive sentences for multiple offenses.
c. the person shall be PRESENT at the parole hearing, unless the person waives the right to be present.
d. During a parole hearing, the board of executive clemency shall take into consideration all of the following mitigating factors:
1. The PERSON'S age at the time of the commission of the offense.
2. If the person has reasonably complied with the rules of the correctional facility in which the person is confined.
3. If the person has completed any educational, vocational, technical or other program, if available, while confined. If any educational, vocational, technical or other programs are not available or are denied to the person while confined, the board of executive clemency shall weigh this factor in favor of the person as if the person completed Any EDUCATIONAL, VOCATIONAL, technical OR OTHER PROGRAM.
4. If the person has demonstrated maturity, rehabilitation and a fitness to reenter society.
5. Any physical, mental or behavioral examination of the person THAT has been conducted by a licensed health care professional.
6. The person's family and community circumstances at the time the offense was committed, including any history of abuse, trauma, neglect or involvement in the child welfare system.
7. The extent of the person's role in the commission of the offense and if and to what extent an adult or peer was involved in the commission of the offense.
8. The diminished culpability of juveniles as compared to that of an adult, including immaturity, impetuosity and the inability to fully appreciate risks and the consequences of conduct.
9. Any other mitigating evidence that the board of executive clemency deems relevant.
E. If the board of executive clemency denies the person's release on parole:
1. The board shall state the reasons for its denial in writing and order that the person is eligible to receive and complete rehabilitation programming while confined.
2. The person remains eligible for parole and is entitled to a parole hearing every year after the initial denial.
3. The board may not weigh or consider a denial as an adverse factor at any subsequent parole hearing.
F. Subsection E of this section does not disqualify a person from being eligible for early release or any other remedies or relief pursuant to any other law.
g. A person who is eligible for parole pursuant to this section is entitled to a presumption in favor of release on parole, which may be rebutted with evidence that the person continues to pose a threat to public safety.
H. Notwithstanding any other law, when sentencing a juvenile who has been convicted as an adult, a court:
1. May impose a sentence that is less than the minimum term required under law.
2. May not impose any of the following sentences:
(a) Death.
(b) Natural life.
(c) De facto life. For the purposes of this subdivision, "de facto life" means a sentence or consecutive sentences that total twenty-five years or more.