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ARIZONA HOUSE OF REPRESENTATIVES
Forty-ninth Legislature – Second Regular Session
HOUSE STUDY COMMITTEE ON SENTENCING
Minutes of Interim Meeting
House Hearing Room 5 -- 1:00 p.m.
Chairman Ash called the meeting to order at 1:02 p.m. and attendance was noted by the secretary.
Members Present
Representative Konopnicki Representative Ash, Chairman
Representative Sinema
Members Absent
Representative Goodale (excused) Representative Tovar (excused)
Representative Hendrix
Opening Remarks
Chairman Ash introduced the Members and staff. He stated that the purpose of today’s meeting is to hear a report from the Auditor General’s Office on the Department of Corrections (DOC).
Presentation on Arizona’s Prison Population Growth
Jeremy Weber, Performance Audit Manager, Arizona Auditor General’s Office, presented the details of the Prison Population Growth Audit issued by his Office in September, 2010 (Attachment 1 - the entire document is viewable at http://www.azauditor.gov/)
Mr. Weber explained that Arizona’s prison population has grown significantly over the past thirty years, from about 3,400 inmates in 1979 to over 40,000 inmates today. On average, prison population has increased by about 1,200 inmates per year. Arizona’s prison population growth since 2000 has been faster than most other states and is expected to continue growing to nearly 49,700 inmates by 2016.
Mr. Weber discussed options to address this growth that can be considered by the Legislature and the DOC. He stressed that these options are not mutually exclusive and that any combination of them could be used to address growth:
Mr. Weber explained that Arizona’s sentencing laws have contributed to the prison population growth by requiring judges to impose sentences prescribed by statute and which require offenders to serve at least 85 percent of their sentences in prison.
Mr. Weber also discussed what other states are doing to address prison population growth.
Questions and Discussion
Chairman Ash asked for clarification of the following two statements in the audit report: that prison admissions of violent offenders has remained at 24 percent and that the number of violent offenders who are incarcerated has grown from 41 percent to 49 percent. Mr. Weber explained that the incarcerated population is measured “on that day”, and violent offenders may be staying in longer.
Chairman Ash inquired about the statement that it costs more to use private prisons than the state prisons, and specifically if this is true in other states. Mr. Weber replied that the results are varied.
Mr. Konopnicki commented that the costs are related to the types of services the private prisons are contracted to do, the types of inmates that are being housed, and the type of facility. Also involved in the relative cost is whether or not the state will own the facility at the end of the term, or if the state must buy the facility.
Ms. Sinema asked for more detailed information about the DOC results which compared the private and the state prisons. Mr. Weber replied that he would see that the Members receive the information.
Mr. Konopnicki explained that other states did not expand truth in sentencing to all crimes, as Arizona did. Discussion ensued about Mississippi’s sentencing guidelines and parole eligibility.
Chairman Ash inquired about the small cost savings realized when an inmate moves from incarceration to supervised probation. Mr. Weber replied that the savings are based on the marginal cost of incarcerating an offender and do not take into account the fixed or administrative costs associated with incarcerating.
Sue Willoughby, Arizona resident, inquired about recidivism and how many inmates are repeat offenders. Mr. Weber replied that Arizona’s recidivism rate is similar to the national rate: within three years, fifty percent of released inmates will be back behind bars.
Chairman Ash asked if statute allows for an employment agency for released offenders; Mr. Weber stated that he thought it did.
Mr. Konopnicki asked if the audit looked at the current state of the facilities and formed an assessment of repairs needed, security and equipment. Mr. Weber explained that tours were conducted during the audit and maintenance needs were noted but that this information is not included in the audit.
Public Testimony
Gayle DiAllesandro, representing herself, stated that most people respond to reward and punishment, but that in her opinion the Arizona prisons are heavy on punishment. She presented the details of her position in Attachment 2, stating that she would like to see sentence reform for first-time offenders. She added that the term “violent” is used too much in the prison system.
Lynn Nau, Faith Lutheran Church's Social Justice Ministry, stated her strong support for prison reform based on scripture. She would like to substantially reduce the non-violent prison population. The details of her position are outlined in Attachment 3.
Ms. Nau said that she corresponds with prisoners and their families and she is concerned that non-threatening people, such as elderly men, are still in prison. She stated that halfway houses are available for re-entry, but that released prisoners cannot afford to live in them.
Mr. Konopnicki stated that this Committee is not empowered to make such changes, but that these issues are worthy of discussion and public notice. He stated that, due to truth in sentencing, the discretion has moved from the judge to the prosecutor. He added that Ms. Nau’s work is needed and appreciated.
Michael Valder, Faith Lutheran Church Social Justice Ministry, stated his support for prison reform.
Kimberly MacEachern, Arizona Prosecuting Attorneys’ Advisory Council (APAAC), addressed the Members to discuss Prisoners in Arizona, A Profile of the Inmate Population [March 2010]. This report, referred to as the Fischer Report, can be viewed at www.apaac.state.az.us. She stated that statistics can be misleading, but, as prison population increases, the crime rate is dropping. Violent, repeat offenders are incarcerated at greater rates now and she believes that this is contributing to that crime rate decrease.
Chairman Ash stated that this Committee has reviewed the Fischer Report. He stated his concern with the volume of incarceration in Arizona:
He asked if Arizona attracts criminals, or if there is something wrong with its sentencing process, or whether other states are making mistakes. He stated that one of the objectives of this Committee is to account for this discrepancy.
Ms. MacEachern replied that this is a complex situation that is difficult to make generalizations about. The Fischer Report analyzed each prisoner on a case-by-case basis.
Chairman Ash stated that his understanding of the Report is that it is a snapshot as of a given date, rather than a view of the sentencing provisions at the time or whether the crime was appropriately classified. He reiterated that this Committee will tread carefully. Arizona’s sentencing provisions were developed long ago by a different Legislature in a different period of time. The provisions now need review and correction in order to deal with current circumstances. All information will be reviewed and considered. The purpose is not to jeopardize public safety in any way, but to correct things that need to be corrected. One of the biggest factors in predicting recidivism is age; sentencing must also consider the impact on families.
Mr. Konopnicki stated that the prosecutors are extremely important and valuable in this review process. He added that Arizona does not have ready access to data, as other states do, and that the Committee is trying to collect factual information. He stated that there are some concerns with the Fischer Report in this regard.
Camille Tilley, Innocence Coalition, addressed the Committee. Chairman Ash cautioned Ms. Tilley that, since she has testified before, to present only new information. She assured the Chairman that she would. She related the story of her daughter who was falsely accused and caught up in the criminal justice system. She stated that when prosecutors have absolute authority with the mandatory minimum sentencing, over-sentencing results. She stated that it is time to end absolute immunity for prosecutors.
Ms. DiAllesandro returned to the podium to explain that attorneys are charging $25,000 up front to represent people charged with felonies, then are using the threat of the mandatory sentencing guidelines to encourage their clients to accept plea agreements, pocketing the money and avoiding a trial. She enumerated the effects on prisoners’ families such as loss of home, loss of health insurance, etc. She added that there are 88,000 people on probation in Arizona.
Chairman Ash stated that one person in 33 in Arizona is in the criminal justice system and that this is one of the highest ratios in the country.
Bill Coleman, representing himself, stated that he concurs with the previously-stated concerns about draconian sentencing for non-violent, first-time offenders.
Mr. Konopnicki stressed that this is a daunting task that is long overdue and he commended Chairman Ash for undertaking it. He stated that, when these laws were put into place in the late ‘80s and early ‘90s, the Legislature then was doing the best it could do. There was a national mood to firm up sentencing and make things tougher to try to control crime. After 20 years’ experience with mandatory sentencing there is much that is good but some that needs to be adjusted.
He reiterated the need for good data, perhaps some sort of sentencing commission, and clear procedures for re-entry into society for the people that emerge from Arizona’s prisons. If there is indeed $800 million needed to put into Arizona facilities just to bring them to an operational level, this is cause for concern.
Chairman Ash stated that it is time to see what can be done about sentencing, not to let prisoners out of prison early, but to:
Chairman Ash thanked the Committee and all people involved for their time on this topic and for their good suggestions. He stressed that the intent is to put something in place that will last a long time and will improve the criminal justice system, treat prisoners more humanely, and keep Arizona safe.
Without objection, the meeting adjourned at 2:35 p.m.
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Jane Dooley, Committee Secretary
November 23, 2010
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
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HOUSE STUDY COMMITTEE
ON SENTENCING
November 17, 2010
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