HCR2038 - 502R

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1. Article V, section 5, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE5. Reprieves and pardons

Section 5. The governor shall have power to grant reprieves, commutation, and pardons, after convictions, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as may be provided by law. END_STATUTE

2. Section 31-402, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE31-402. Powers of board; powers and duties of governor; powers and duties of executive director

A. For all persons who committed felony offenses before January 1, 1994, the board of executive clemency shall have exclusive power to pass upon on and recommend reprieves, commutations, paroles and pardons. No reprieve, commutation or pardon may be granted by the governor unless it has first been recommended by the board.

B. For all persons who committed felony offenses before January 1, 1994, the board of executive clemency shall have exclusive power to review and grant commutations. All applications for commutation made to the board shall include documentation that the victim or the victim's family was notified pursuant to section 31‑411, subsection H.

B. C. For all persons who committed felony offenses before January 1, 1994, all applications for reprieves, commutations and pardons made to the governor shall be at once transmitted to the chairman of the board, and the board shall return the applications with its recommendation to the governor. All applications for reprieves, commutations and pardons made to the governor shall include documentation that the victim or the victim's family was notified pursuant to section 31‑411, subsection H.

C. D. For all persons who committed felony offenses on or after January 1, 1994, in addition to the powers and duties prescribed in subsection subsections A and B of this section, the board of executive clemency:

1. Is vested with the powers and duties of the board of pardons and paroles as they existed before January 1, 1994 to carry out the provisions of articles 3 through, 4.1, 5, 6 and 7 of this chapter.

2. After a hearing for which the victim, county attorney and presiding judge are given notice and an opportunity to be heard, may make recommendations to the governor for grant commutation of sentence after finding by clear and convincing evidence that the sentence imposed is clearly excessive given the nature of the offense and the record of the offender and that there is a substantial probability that when released the offender will conform the offender's conduct to the requirements of the law.

3. Shall receive petitions from individuals for whom the court has entered a special order allowing the person to petition the board pursuant to section 13‑603, subsection L and may make recommendations to the governor grant commutation.

4. Shall receive petitions from individuals, organizations or the department for review and commutation of sentences and pardoning of offenders in extraordinary cases and may make recommendations for a pardon to the governor or may grant commutation.

5. Shall receive petitions from the state department of corrections alleging that an offender has violated the offender's terms and conditions of community supervision and has lapsed or is probably about to lapse into criminal ways or company. If the board determines that an offender on community supervision has violated the terms and conditions of community supervision the board may do any of the following:

(a) If the offender has not committed an additional offense, place the offender on electronic monitoring and order the offender to participate in a community accountability pilot program pursuant to section 41‑1609.05.

(b) Revoke community supervision and return the offender to prison for the remainder of the offender's community supervision.

(c) Impose additional terms and conditions on the offender while keeping the offender on community supervision. If there is reasonable cause to believe that an offender who has been kept on community supervision has violated any term or condition of community supervision, any member of the board may petition the board to revoke community supervision. After a petition to revoke has been submitted, the chairman may issue a summons directing the offender to appear on a specified date for a revocation hearing or may issue a warrant for the offender's arrest. Nothing in this subsection limits the state department of corrections' authority with respect to submitting revocation petitions or issuing revocation warrants.

D. Any recommendation for commutation that is made unanimously by the members present and voting and that is not acted on by the governor within ninety days after the board submits its recommendation to the governor automatically becomes effective.

E. The executive director shall perform all administrative, operational and financial functions for the board.

F. The executive director may employ case analysts as deemed necessary within the limits of legislative appropriation. The analyst shall aid the board in making investigations, in securing information and in performing necessary administrative functions to assist the board in passing upon on applications for parole and commutation.

G. The executive director may employ hearing officers as deemed necessary within the limits of legislative appropriation. The hearing officers shall conduct probable cause hearings on parole, work furlough and home arrest revocations or rescissions. Hearing officers shall assist the board in making investigations, securing information and performing necessary administrative functions. END_STATUTE

3. Section 31-403, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE31-403. Commutation; restrictions on consideration

A. A person who is otherwise eligible for commutation and who is denied a commutation of sentence recommendation shall not petition or be considered by the board for commutation of that sentence for a period of five years following the date of the board's denial of the commutation recommendation if the offense for which the commutation recommendation was denied involved any of the following:

1. Death in violation of section 13‑1104 or 13‑1105.

2. Serious physical injury if the person was sentenced pursuant to section 13-704.

3. A dangerous crime against children as defined in section 13‑705.

4. A felony offense in violation of title 13, chapter 14 or 35.1.

B. Notwithstanding subsection A, paragraph 2 of this section, if, in its sole discretion, the board determines that the person committed an offense that involved serious physical injury as defined in section 13‑105 and that the person was not sentenced pursuant to section 13‑704, the board may order that the person shall not petition or be considered by the board for commutation of that sentence for a period of five years following the date of the board's denial of the commutation recommendation.

C. Notwithstanding subsection A or B of this section, the board, at the time of denial, may lengthen the five year period of time prescribed in subsection A or B of this section to a period of up to ten years, except that if the offense for which commutation was denied involved a violation of an offense listed in subsection A, paragraph 1 of this section, the board may lengthen the period of time to a period of time that is greater than ten years and that is specified by the board by one of the following votes:

1. A majority affirmative vote if four or more members consider the action.

2. A unanimous affirmative vote if three members consider the action.

3. A unanimous affirmative vote if two members consider the action pursuant to section 31‑401, subsection I and the chairman concurs after reviewing the information considered by the two members. If the chairman is one of the two members constituting a two member quorum under section 31‑401, subsection I, and both the chairman and the other member vote to lengthen the five year period to a period of time greater than ten years, no further action shall be taken and the decision on whether to lengthen the five year period shall be considered by the board at a meeting at which at least three members are present and voting.

D. The board may waive the provisions of subsections A, B and C of this section if any of the following applies:

1. The person is in imminent danger of death due to a medical condition, as determined by the board.

2. The person is the subject of a warrant of execution.

3. The sentence for which commutation is sought is the subject of a special order issued by the court pursuant to section 13‑603, subsection L.

E. This section applies only to offenses that are committed on or after January 1, 2006. END_STATUTE

4. Section 31-443, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE31-443. Power of governor to grant reprieves and pardons

The governor, subject to any limitations provided by law, may grant reprieves, commutations and pardons, after conviction, for all offenses, except impeachment, upon on conditions, restrictions and limitations he deems proper. END_STATUTE

5. Section 31-445, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE31-445. Publication of reasons for granting a commutation, pardon, reprieve, stay or suspension of execution

When the governor board of executive clemency grants a commutation or the governor grants a pardon, reprieve or stay or suspends execution of sentence in a case where a sentence of death is imposed, he shall, the granting entity shall, within ten days after granting the commutation, pardon, reprieve or stay or suspension of execution, cause to be published in bold type, in a newspaper of general circulation, published in the county where the conviction was had, and shall file with the secretary of state for publication in the Arizona administrative register, a statement setting forth his the reasons for granting the commutation, pardon, or reprieve or for staying or suspending such execution. A further reprieve shall not be granted except upon on the same procedure. END_STATUTE

6. Section 31-446, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE31-446. Reports on commutation, pardon or reprieve

A. The governor shall at the beginning of every regular session communicate to the legislature each case of reprieve, commutation or pardon, stating the name of the prisoner, the crime of which he the prisoner was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve and the reasons for granting it.

B. Before the beginning of every regular session, the board of executive clemency shall report to the governor each case of commutation, stating the name of the prisoner, the crime of which the prisoner was convicted, the sentence and its date, the date of the commutation and the reasons for granting it.END_STATUTE

7. Title 31, chapter 3, article 3, Arizona Revised Statutes, is proposed to be amended by adding section 31-447 as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE31-447. Commutation eligibility for offenses committed before January 1, 1994

A. A person who is convicted of any criminal offense that was committed before January 1, 1994 and who is serving a sentence of imprisonment on the effective date of this section shall be eligible for commutation.

B. Commutation eligibility pursuant to subsection A takes effect immediately on the effective date of this section.

C. Within thirty days after the effective date of this section, the state department of corrections shall notify all prisoners of their commutation eligibility if the prisoner is eligible for commutation pursuant to subsection a.END_STATUTE

8. Section 41-1013, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE41-1013. Register

A. The secretary of state shall publish the register at least once each month, including the information which that is provided under subsection B of this section and which that is filed with the secretary of state during the preceding thirty days. The secretary of state shall publish an index to the register at least twice each year.

B. The register shall contain:

1. A schedule of the time, date and place of all hearings on proposed repeals, makings or amendments of rules.

2. Each governor's executive order.

3. Each governor's proclamation of general applicability, and each statement filed by the governor in granting a commutation, pardon or reprieve or stay or suspension of execution where a sentence of death is imposed or involving a commutation granted by the board of executive clemency.

4. A summary of each attorney general's opinion.

5. Each governor's appointment of state officials and board and commission members.

6. A table of contents.

7. The notice and agency summary of each docket opening.

8. The full text and accompanying preamble of each proposed rule.

9. The full text and accompanying preamble of each final rule.

10. The full text and accompanying preamble of each emergency rule.

11. Supplemental notices of a proposed rule or summary rule.

12. A summary of council action on each rule.

13. The full text of any exempt final rule filed with the secretary of state pursuant to section 41‑1005, subsection C.

14. The identification and a summary of substantive policy statements and notice and a summary of any guidance document publication or revision submitted by an agency.

15. Notices of oral proceedings, public workshops or other meetings on an open rule making docket.

C. The register shall be available by subscription and for single copy purchase. The charge for each register or periodic subscription shall be a reasonable charge, not to exceed all costs of production and distribution of the register.

D. For purposes of this section, full text publication in the register includes all new, amended or added language and such existing language as the proposing agency deems necessary for a proper understanding of the proposed rule. Rules that are undergoing extensive revision may be reprinted in whole. Existing rule language not required for understanding shall be omitted and marked "no change". END_STATUTE

9. Applicability

Sections 31‑402, 31‑403, 31‑443, 31‑445, 31‑446 and 41‑1013, Arizona Revised Statutes, as amended by this measure, and section 31‑447, Arizona Revised Statutes, as added by this measure, shall apply to persons who are sentenced after the effective date of those sections and to persons who were sentenced before January 1, 1994 and who are currently serving a sentence of imprisonment on or after the effective date of those sections.

10. Conditional enactment

Sections 31-402, 31-403, 31-443, 31-445, 31-446 and 41-1013, Arizona Revised Statutes, as amended by this measure, and section 31‑447, Arizona Revised Statutes, as added by this measure, do not become effective unless the Constitution of Arizona is amended by vote of the people at the next regular general election to remove the power of the governor to grant commutations.

11. Short title

These measures may be cited as the "Arizona Commutation Reform Act."

12. The Secretary of State shall submit these propositions to the voters at the next general election as separate ballot propositions as provided by article IV, part 1, section 1 and article XXI, Constitution of Arizona, and section 19-125, Arizona Revised Statutes.