Second Regular Session S.B. 1510
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1510
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 13-716, Arizona Revised Statutes, is amended to read:
13-716. Juvenile offenders sentenced to life imprisonment; parole eligibility
A. Notwithstanding any other law, a person who is sentenced to life imprisonment with the possibility of release after serving a minimum number of calendar years for an offense that was committed before the person attained eighteen years of age is eligible for parole on completion of service of the minimum sentence, regardless of whether the offense was committed on or after January 1, 1994. If granted parole, the person shall remain on parole for the remainder of the person's life except that the person's parole may be revoked pursuant to section 31‑415.
B. Notwithstanding any other law, a person who is serving a sentence of life imprisonment without the possibility of release on the effective date of this amendment to this section for an offense that was committed before the person attained eighteen years of age is eligible for parole after serving twenty‑five years of the sentence, regardless of whether the offense was committed on or after January 1, 1994. If granted parole, the person shall remain on parole for the remainder of the person's life except that the person's parole may be revoked pursuant to section 31‑415.
Sec. 2. Section 31-403, Arizona Revised Statutes, is amended to read:
31-403. Pardon; commutation; restrictions on consideration
A. A person who is otherwise eligible for pardon or commutation and who is denied a pardon or commutation of sentence recommendation shall not petition or be considered by the board for a pardon or commutation of that sentence for a period of five years following the date of the board's denial of the pardon or commutation recommendation if the offense for which the pardon or 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 a pardon or commutation of that sentence for a period of five years following the date of the board's denial of the pardon or 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 the pardon or 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:
1. January 1, 2006 if the request is for a commutation.
2. January 1, 2016 if the request is for a pardon.
Sec. 3. Section 31-412, Arizona Revised Statutes, is amended to read:
31-412. Criteria for release on parole; release; custody of parolee; definition
A. If a prisoner is certified as eligible for parole pursuant to section 41‑1604.09 the board of executive clemency shall authorize the release of the applicant on parole if the applicant has reached the applicant's earliest parole eligibility date pursuant to section 41‑1604.09, subsection D and it appears to the board, in its sole discretion, that there is a substantial probability that the applicant will remain at liberty without violating the law, and that the release is in the best interests of the state and, if the prisoner is eligible for parole pursuant to section 13‑716, subsection B, that society will be adequately protected. The applicant shall thereupon be allowed to go on parole in the legal custody and under the control of the state department of corrections, until the board revokes the parole or grants an absolute discharge from parole or until the prisoner reaches the prisoner's individual earned release credit date pursuant to section 41‑1604.10. When the prisoner reaches the prisoner's individual earned release credit date the prisoner's parole shall be terminated and the prisoner shall no longer be under the authority of the board but shall be subject to revocation under section 41‑1604.10.
B. Notwithstanding subsection A of this section, the director of the state department of corrections may certify as eligible for parole any prisoner, regardless of the classification of the prisoner, who has reached the prisoner's parole eligibility date pursuant to section 41‑1604.09, subsection D, unless an increased term has been imposed pursuant to section 41‑1604.09, subsection F, for the sole purpose of parole to the custody of any other jurisdiction to serve a term of imprisonment imposed by the other jurisdiction or to stand trial on criminal charges in the other jurisdiction or for the sole purpose of parole to the custody of the state department of corrections to serve any consecutive term imposed on the prisoner. On review of an application for parole pursuant to this subsection the board may authorize parole if, in its discretion, parole appears to be in the best interests of the state.
C. A prisoner who is otherwise eligible for parole, who is not on home arrest or work furlough and who is currently serving a sentence for a conviction of a serious offense or conspiracy to commit or attempt to commit a serious offense shall not be granted parole or absolute discharge from imprisonment except 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.
D. The board, as a condition of parole, shall order a prisoner to make any court‑ordered restitution.
E. Payment of restitution by the prisoner in accordance with subsection D of this section shall be made through the clerk of the superior court in the county in which the prisoner was sentenced for the offense for which the prisoner has been imprisoned in the same manner as restitution is paid as a condition of probation. The clerk of the superior court shall report to the board monthly whether or not restitution has been paid for that month by the prisoner.
F. The board shall not disclose the address of the victim or the victim's immediate family to any party without the written consent of the victim or the victim's family.
G. For the purposes of this section, "serious offense" includes any of the following:
1. A serious offense as defined in section 13-706, subsection F, paragraph 1, subdivision (a), (b), (c), (d), (e), (g), (h), (i), (j) or (k).
2. A dangerous crime against children as defined in section 13‑705. The citation of section 13-705 is not a necessary element for a serious offense designation.
3. A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13-705, subsection P, paragraph 1 or section 13‑706, subsection F, paragraph 1.
Sec. 4. Section 41-1604.08, Arizona Revised Statutes, is amended to read:
41-1604.08. Global position system monitoring: daily fee; deposit
A. The department shall assign any person who is in the custody of the department and who was convicted of a violation of section 13‑705 or is on parole pursuant to section 13‑716, subsection B to a global position monitoring system on the person's release on parole, community supervision, work release or other conditional or temporary release.
B. The department may enter into a contract for the provision of global position monitoring services.
C. The department may charge a person who is assigned to a global position monitoring system a daily fee not to exceed the department's expenses for the system.
D. Monies collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the community corrections enhancement fund established by section 31‑418."
Amend title to conform