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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 -- 10:00 a.m.
Chairman Ash called the meeting to order at 10:07 a.m. and the secretary called the roll.
Representative Goodale
Representative Tovar
Representative Ash, Chairman
Members Absent
Representative Hendrix
Representative Konopnicki
Representative Sinema
Chairman Ash announced that since there is not a quorum, testimony will be heard but no action will be taken.
Stacy Weltsch, Majority Research Analyst, advised that the House Study Committee on Sentencing was established in November, 2009 for the following purposes: reviewing and discussing Arizona sentencing laws; evaluating their purpose, history and effectiveness; and making recommendations for the improvement of the sentencing process. The Committee has met four times since it was established. A quorum was lacking at each meeting, so no official action has been taken to date. There have been several working group meetings outside of the hearing process and proposed legislation has been recommended. If the Committee is extended, meets and makes recommendations, she said she will draft recommendations in a final report to be submitted to the Speaker.
In response to Chairman Ash’s query, Ms. Weltsch related that legislation can still be drafted based on the Committee’s investigation whether or not a final report is prepared.
Chairman Ash stated that several stakeholder meetings have been held which included prosecuting attorneys, defense attorneys, judges, probation officers, the Department of Corrections, victims’ advocate groups and inmates’ advocate groups. Recommendations for legislation from these working groups were prepared and sent out for comments. Two responses were received opposing the recommendations and one response was received in favor of the proposals.
Chairman Ash read a letter received from Maricopa County Attorney Bill Montgomery in opposition to the proposals because many, if not all, of the proposed statutory changes “represent a movement away from sentencing laws that have both lowered crime rates and honored the rights of crime victims” (Attachment 1). Chairman Ash noted that victims’ advocates have been invited to the stakeholder meetings, so he does not believe they have been excluded from the process.
Additionally, a letter opposing the proposed recommendations from Kathleen Mayer, Pima County Attorney’s Office, expressed strenuous objection on behalf of Pima County Attorney Barbara Lawall to (1) permitting probation eligibility to persons who sell, transport or distribute up to four pounds of marijuana because they are responsible for a great deal of violence in the community, notably home invasions, and (2) to those who commit repetitive felonies (Attachment 2).
Representative Goodale commented that she is alarmed by the research that indicates that Arizona incarcerates one out of every 33 citizens. She stated that the causal factors need to be looked at. Chairman Ash clarified that the number is one of every 33 who are in the criminal justice system. Representative Goodale maintained that work needs to be done on education, the social services and judicial systems, etc. to keep these people out of the criminal justice system.
Chairman Ash pointed out that Arizona is ranked among the highest states in the country for incarceration, while the United States is ranked the highest country in the world for incarceration, with 753 people per 100,000 citizens incarcerated. He noted that there has been a reduction in crime rates in Arizona as well as the United States. Many states are seeing a reduction in crime while incarcerating fewer inmates, so there is not necessarily a correlation between reducing crime and increasing incarcerations. He said he believes other states are finding solutions that Arizona has not found.
Chairman Ash said he would like to have had recommendations from the Arizona State University College of Law. He referred to the publication received from the College on “Sentencing in Arizona: Recommendations to Reduce Costs and Crime” (Attachment 3) which can be accessed from his website: www.cecilash.com. The proposals include: pre-trial diversion program, expanding drug sentencing under Prop 200, creating mental health courts and mental health public defenders, promoting plea bargaining and creating an Arizona State Sentencing Commission. He said he believes the Commission is needed in order to have experts who can examine what is being done in other states and other countries to reduce crime.
Chairman Ash related that he has put many of the reports he has received on his website. He noted that this information is the basis for some of the legislation he will be proposing and said he hopes it will be not be perceived by anyone as releasing inmates from the Department of Corrections who would be a threat to the community. Currently, some of the inmates are being released, at the discretion of the Director of the Department of Corrections, after they have served 85 percent of their sentence. His concern is that leaves a very short time for them to be supervised in the community. He said it would be more appropriate to have an earlier release and longer direct supervision by the community corrections officers to help them better adjust into society. He said it is not his intent to release anyone into the community who is a danger or threat to the public.
Chairman Ash concluded by stating the need to look at current sentencing laws and making appropriate adjustments. He maintained that a system that unfairly punishes people for an extraordinary length of time with substantial cost to the taxpayers should not be condoned.
Without objection, the meeting adjourned at 10:33 a.m.
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Joanne Bell, Committee Secretary
December 20, 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
December 14, 2010
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