State SealARIZONA HOUSE OF REPRESENTATIVES


 

SB 1310: earned release credits; drug offenses

PRIME SPONSOR: Senator Farnsworth E, LD 12

BILL STATUS: Caucus & COW

                                Judiciary: DP 6-4-0-0

 

Overview

Permits eligible prisoners sentenced for certain drug offenses to earn release credits at a rate of three days for every seven days served.☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note

History

Eligible state prisoners can serve up to approximately 15% less time in prison by obtaining earned release credits (A.R.S. § 41-1604.07). One earned release credit allows the prisoner to spend one fewer day incarcerated, and credits are earned at a rate of one credit for every six days served (A.R.S. § 41-01604.07). To obtain earned release credits, prisoners must adhere to Arizona Department of Corrections (ADC) rules and receive satisfactory performance evaluations, and may be required to participate in work, educational, treatment, or training programs (A.R.S. § 41-1604.06(B), ADC Department Order 1002.01 § 1.4).

ADC may reclassify a prisoner as ineligible for earned release credits if the prisoners fails to follow rules or to participate in work, educational, treatment, or training programs (A.R.S. § 41-1604.07(C)). The prisoner has a right to a hearing before such reclassification (A.R.S. § 41-1604.06(C)). If the prisoner is reclassified as ineligible for earned release credits, the director may take away all of the prisoner's earned release credits (A.R.S. § 41-1604.07(C)). ADC also has discretion later to restore those credits.

Except for in some cases involving sexually violent prisoners, once the prisoner's time served (including earned release credit days) equals the sentence imposed by the court, ADC must release the prisoner into court-ordered community supervision or probation (A.R.S. § 41-1604.07(D)). ADC may order such a prisoner released into community supervision to participate in drug treatment, education, or rehabilitation programs, to obtain counseling, or to perform community restitution (A.R.S. § 41-1604.07(F)).

Provisions

1.       Permits a prisoner to earn release credits at a rate of three days for every seven days served if the prisoner:

a.       Was sentenced to prison for the simple possession or use of marijuana, a dangerous drug, a narcotic drug, or for the possession of drug paraphernalia;

b.       Has successfully completed a drug treatment program or other major self-improvement program provided by ADC; and

c.        Has not previously been convicted of a violent or aggravated felony.

2.       Requires ADC to notify, upon admission, any prisoner eligible for earned release credits at a rate of three days for every seven days served of the eligibility requirements for these additional earned release credits.

3.       Requires ADC to annually report the recidivism rate of prisoners released after earning release credits at a rate of three days for every seven days served for at least three years after release.

4.       Makes conforming changes.

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7.       ---------- DOCUMENT FOOTER ---------

8.       Fifty-fourth Legislature                       SB 1310

9.       First Regular Session                            Version 2: Caucus COW

10.    

11.   ---------- DOCUMENT FOOTER ---------