Bill Text: AZ SB1645 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Elder parole; prisoner release
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-02-06 - Senate read second time [SB1645 Detail]
Download: Arizona-2020-SB1645-Introduced.html
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REFERENCE TITLE: elder parole; prisoner release |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1645 |
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Introduced by Senators Quezada: Gonzales; Representative Andrade
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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. Elder parole; requirements; definition
A. Notwithstanding any other law, except for prisoners who are sentenced to death or to natural life, the board of executive clemency may release a prisoner on elder parole if the prisoner meets all of the following requirements:
1. Is at least sixty years of age.
2. Has served in actual custody at least twenty years of the prisoner's sentence, including concurrent and consecutive sentences.
3. Poses minimal public safety risks warranting continued imprisonment.
4. Is not serving a sentence that requires the prisoner to either:
(a) serve the full term of imprisonment.
(b) Register as a sex offender pursuant to section 13‑3821.
B. The board has exclusive authority to grant elder parole.
C. A prisoner who is eligible for elder parole may submit an application for elder parole to the board after serving at least twenty years in actual custody. After receiving the application, the board shall consider the application at the next board meeting. To grant an application for elder parole, the board must find by a preponderance of evidence that, if released, the prisoner can live and remain at liberty without posing a substantial risk to public safety. The board shall use an evidence‑based risk‑assessment instrument to assess the risk that a prisoner who is RELEASED on elder parole may pose to public safety.
D. The prisoner may be represented by an attorney when the board considers the prisoner's application for elder parole. all victims' rights must be complied with Before the board may consider an application for release of a prisoner on elder parole.
E. If the board denies a prisoner's application for elder parole, the board must determine the length of time that the prisoner must wait before the prisoner may reapply for elder parole. A grant or denial of elder parole does not affect a prisoner's eligibility for nonelder parole or community supervision.
F. This section applies to any prisoner who applies for elder parole on or after the effective date of this section, regardless of the date on which the prisoner was sentenced.
G. For the purposes of this section, "evidence‑based" means a program or practice that has been scientifically tested in a controlled study and proven to be effective.
