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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
prisoners; escape; classification
Purpose
Increases, from a class 5 felony to a class 4 felony, escaping from an adult correctional facility.
Background
A person commits escape in the first degree by knowingly escaping or attempting to escape from custody or a juvenile secure care facility, a juvenile detention facility or an adult correctional facility by: 1) using or threatening the use of physical force against another person; or 2) using or threatening to use a deadly weapon or dangerous instrument against another person. Escape in the first degree is a class 4 felony (A.R.S. § 13-2504).
A person commits escape in the second degree by knowingly escaping or attempting to escape from custody or a juvenile secure care facility, a juvenile detention facility or an adult correctional facility. Escape in the second degree is a class 5 felony (A.R.S. § 13-2503).
Any sentence imposed for a violation of escape in the first degree or escape in the second degree is required to run consecutively to any sentence of imprisonment for which the person was confined or to any term of community supervision for the sentence, including probation, parole, work furlough or any other release (A.R.S. §§ 13-2503 and 13-2504).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases, from a class 5 felony to a class 4 felony, escaping from an adult correctional facility.
2. Requires that a sentence imposed for escape in the first degree run consecutively to any confinement in a secure care facility, in addition to any sentence of imprisonment or any term of community supervision for the sentence.
3. Makes conforming and technical changes.
4. Becomes effective on the general effective date.
House Action
JUD 2/17/21 DP 9-0-0-1
3rd Read 2/24/21 57-1-2
Prepared by Senate Research
March 23, 2021
JA/RC/kja