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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
mandatory prison sentences; judicial discretion
Purpose
Allows the court to impose a lesser term of imprisonment or a term of probation for offenses that normally mandate a term of imprisonment if certain criteria are met.
Background
Criminal offenses that are not eligible for probation and that require a mandatory term of imprisonment generally include: 1) dangerous crimes against children; 2) dangerous offenses involving a deadly weapon or dangerous instrument; 3) repetitive offenses, whether the offense was dangerous or non-dangerous; and 4) second and subsequent drug offenses where the amount of drugs involved equals or exceeds statutory threshold amounts or third and subsequent drug offenses that are below statutory drug threshold amounts (A.R.S. §§ 13-703; 13-704; 13-705; and 13-3419).
During the sentencing phase, the court must consider six statutorily outlined mitigating circumstances, including the age of the defendant and the defendant's capacity to appreciate the wrongfulness of their conduct. In determining what sentence to impose, the court must take into account the number of aggravating circumstances and whether the number of mitigating circumstances is sufficiently substantial to justify a lesser term (A.R.S. § 13-701).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the court, notwithstanding any other law, to impose a lesser term of imprisonment or suspend the sentence in lieu of a probation term when sentencing a defendant who is convicted of an offense that requires a mandatory prison term.
2. Requires the court, when determining whether to impose a lesser sentence or a term of probation, to consider whether:
a) imposing the mandatory term of imprisonment would result in an injustice to the defendant;
b) the mandatory term of imprisonment is not necessary for the protection of the public; and
c) the defendant has a mental health condition related to the defendant's military service or employment as a first responder.
3. Stipulates that considerations for lesser terms of imprisonment or terms of probation do not apply if the offense involved:
a) death or serious physical injury to another person;
b) domestic violence;
c) a sexual offense; or
d) engaging in the continuance of a criminal enterprise.
4. Defines first responder, military member and veteran.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 6, 2026
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