SB1053 - 472R - House Bill Summary

House of Representatives

SB 1053

probation; extension

Sponsors: Senator Huppenthal; Representatives Sinema, Anderson, Gallardo, et al

X	Committee on Public Institutions and Retirement
	Committee on Judiciary
	Caucus and COW
	As Engrossed and As Passed the House

SB 1053 requires the court to extend the period of probation by the amount of time the Arizona Department of Corrections (ADC) approves temporary release, if required community supervision is waived.

History

Presently, if the court sentences a person to a consecutive term of probation immediately following imprisonment, the court may waive community supervision and order that the person begin serving the term of probation upon the person’s release from confinement. If the court waives community supervision, the term of probation imposed shall be equal to or greater than the term of community supervision that would have been imposed. If the court does not waive community supervision, the person shall begin serving the term of probation after the person serves the term of community supervision.

90 Day Early Out

The “90 day early out” policy allows ADC to authorize the temporary release of an inmate for purposes which prepare an inmate to a return to the community within 90 days of the release date. Selection of eligible inmates is subject to specific rules established by the ADC. Any amount of time granted to an inmate for temporary release is added to the inmate’s term of community supervision. (A.R.S. § 31-233).

Current law does not allow a person sentenced to probation immediately following a prison sentence, to be eligible for the 90 day early out temporary release for preparatory purposes to return to the community. (A.R.S. 13-603)

Provisions

· Requires the court to extend the period of probation by the amount of time ADC approves temporary release, if community supervision is waived and the person is temporarily released.

· Prevents ADC from adding the amount of time for the inmate's temporary release to the inmate's term of community supervision, if the community supervision is waived.

· Makes technical and conforming changes.

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Forty-seventh Legislature