Assigned to JUD                                                                                                                     FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1310

 

earned release credits; drug offenses

Purpose

            Allows specified inmates serving a prison sentence for possession or use of marijuana, dangerous drugs or narcotic drugs to be eligible for earned release credits at a rate of three days for every seven days served.

Background

            The Arizona Legislature passed truth-in-sentencing laws in 1993, that altered earned release mechanisms and abolished parole for offenses committed on or after January 1, 1994 (Laws 1993, Chapter 255). This legislation also mandated that an inmate serve his or her entire
court-imposed sentence, except that a person may be eligible for earned release credits for up to a 15 percent reduction of his or her sentence for good behavior (one day of earned release credit for every six days served). Arizona’s truth-in-sentencing laws also created community supervision for inmates who commit offenses on or after January 1, 1994. Once an inmate has reached his or her earned release date or sentence expiration date, the inmate is released to begin his or her term of community supervision or a term of probation if the court waives community supervision.

            Statute specifies 24 offenses that are considered a violent or aggravated felony (A.R.S.
§ 13-706
).

            There may be a positive fiscal impact to the state General Fund in future fiscal years as a result of eligible inmates being released earlier from prison to community supervision.

Provisions

1.      Increases, from one day for every six days served to three days for every seven days served, the earned release credit for a prisoner who:

a)      was sentenced for possession or use of marijuana, a dangerous drug or a narcotic drug;

b)      has successfully completed a drug treatment program provided by the Arizona Department of Corrections during the prisoner's term of imprisonment; and

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

2.      Makes conforming changes.

3.      Becomes effective on the general effective date.

Prepared by Senate Research

February 5, 2019

JA/RC/kja