Senate Engrossed House Bill

State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012

CHAPTER 208

HOUSE BILL 2442

 

AN ACT

 

amending sections 31-411, 31-418, 31-467.06 and 41-1604.13, Arizona Revised Statutes; relating to prisoners.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 31-411, Arizona Revised Statutes, is amended to read:

START_STATUTE31-411.  Parole or discharge; conditions of parole; release under supervision of state department of corrections; notice of hearing; exceptions; drug testing costs

A.  Any prisoner who has been certified as eligible for parole or absolute discharge from imprisonment pursuant to section 31‑412, subsection B or section 41‑1604.09 shall be given an opportunity to apply for release upon on parole or for an absolute discharge from imprisonment.  The board of executive clemency shall not entertain any other form of application or petition for the release upon on parole or absolute discharge from imprisonment of any prisoner.

B.  A prisoner who is eligible for parole or absolute discharge from imprisonment shall be given an opportunity to be heard either before a hearing officer designated by the board or the board itself, at the discretion of the board.

C.  If the hearing is heard by a hearing officer, the hearing officer shall make a recommendation on application for parole or absolute discharge from imprisonment to the board within thirty days after the hearing date. Within thirty days after the date of the hearing officer's recommendations, the board shall review these recommendations and either approve, with or without conditions, or reject the prisoner's application for parole or absolute discharge from imprisonment.  A prisoner who is eligible for parole or absolute discharge from imprisonment shall not be denied parole or absolute discharge from imprisonment without an opportunity to be heard before the board unless another form of release has been granted.

D.  If parole is granted, the prisoner shall remain on parole unless the board revokes the parole or grants an absolute discharge from parole or until the prisoner reaches the individual earned release credit date pursuant to section 41‑1604.10.  If the prisoner violates a condition of parole but has not committed an additional offense, the board may place the prisoner on electronic monitoring and order the defendant to participate in a community accountability pilot program pursuant to section 41‑1609.05.  If the prisoner is still on parole on reaching the individual earned release credit date pursuant to section 41‑1604.10, the prisoner shall be terminated from parole but shall be subject to revocation under section 41‑1604.10.  When the prisoner reaches the individual earned release credit date the prisoner's parole shall be terminated and the prisoner shall no longer be under the authority of the board.

E.  During the period of time that the prisoner remains on supervised parole under subsection D of this section, the board shall require as a condition of parole that the prisoner pay a monthly supervision fee of not less than sixty-five dollars unless, after determining the inability of the prisoner to pay the fee, the board requires payment of a lesser amount.  The supervising parole officer shall monitor the collection of the fee.  The board may also impose any conditions of parole it deems appropriate in order to ensure that the best interests of the prisoner and the citizens of this state are served.  These conditions may include:

1.  Participation in a rehabilitation program or counseling.

2.  Performance of community restitution work.

F.  Seventy per cent of the monies collected pursuant to subsection E of this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the victim compensation and assistance fund established by section 41‑2407 and thirty per cent shall be deposited in the community corrections enhancement fund established by section 31‑418.

G.  When parole or absolute discharge from imprisonment is denied, the board, within ten days, shall prepare and deliver to the director of the state department of corrections a written statement specifying the individualized reasons for the denial of parole or absolute discharge from imprisonment unless another form of release has been granted.  The prisoner may view the written statement prepared by the board.  Every prisoner, having served not less than one year, may be temporarily released according to the rules of the department one hundred eighty days before the expiration of the sentence or the earned release credit date, whichever first occurs, if the director finds that the release is in the best interest of the state.  The releasee shall remain under the control of the state department of corrections until expiration of the term specified in the sentence.  If the releasee violates any condition of release, the releasee may be returned to custody without further process.

H.  When a commutation, absolute discharge from imprisonment or parole is to be considered, the board, on request and before holding a hearing on the commutation, absolute discharge from imprisonment or parole, shall notify the attorney general, the presiding judge of the superior court, the county attorney in the county in which the prisoner requesting a commutation, absolute discharge from imprisonment or parole was sentenced, and the victim of the offense for which the prisoner is incarcerated.  The notice to the victim shall be mailed to the last known address.  The notice shall state the name of the prisoner requesting the commutation, absolute discharge from imprisonment or parole and shall set the month of hearing on the application. The notice to the victim shall also inform the victim of the victim's right to be present and to submit a written report to the board expressing the victim's opinion concerning the release of the prisoner.  No hearing concerning commutations, absolute discharge from imprisonment or parole shall be held until fifteen days after the date of giving the notice.  On mailing the notice, the board shall file a hard copy of the notice as evidence that notification was sent.

I.  The provisions of this section requiring notice to the officials named in subsection H of this section shall not apply:

1.  When there is imminent danger of the death of the person convicted or imprisoned.

2.  When the term of imprisonment of the applicant is within two hundred ten days of expiration.

J.  In addition to any other fees, the board may require as a condition of parole that the prisoner pay the reasonable costs associated with the prisoner's participation in a drug testing program.  The prisoner's costs shall not exceed the department's cost for the program.  The monies collected pursuant to this subsection by the department may only be used to offset the costs of the drug testing program. END_STATUTE

Sec. 2.  Section 31-418, Arizona Revised Statutes, is amended to read:

START_STATUTE31-418.  Community supervision fee; deposit; community corrections enhancement fund; drug testing costs

A.  During the period of time that the prisoner remains on community supervision, the state department of corrections shall require as a condition of community supervision that the prisoner pay a monthly supervision fee of at least sixty‑five dollars unless, after determining the inability of the prisoner to pay the fee, the department requires payment of a lesser amount. The supervising community supervision officer shall monitor the collection of the fee.

B.  Seventy per cent of the monies collected pursuant to subsection A of this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the victim compensation and assistance fund established by section 41‑2407 and thirty per cent shall be deposited in the community corrections enhancement fund established by this section.

C.  The community corrections enhancement fund is established consisting of monies received pursuant to subsection B of this section, sections 31‑411, 31‑467.06 and 41‑1604.08 and section 41‑1604.13, subsection D, paragraph 8.  The department shall administer the fund and use fund monies to pay for costs related to community corrections.

D.  In addition to any other fees, the department may require as a condition of community supervision that the prisoner pay the reasonable costs associated with the prisoner's participation in a drug testing program.  The prisoner's costs shall not exceed the department's cost for the program.  The monies collected pursuant to this subsection by the department may only be used to offset the costs of the drug testing program. END_STATUTE

Sec. 3.  Section 31-467.06, Arizona Revised Statutes, is amended to read:

START_STATUTE31-467.06.  Supervision fee; deposit; drug testing costs

A.  A person being supervised in this state pursuant to this article shall pay, as a condition of probation, community supervision or parole, a monthly supervision fee of not less than sixty-five dollars if the person is on probation, parole or community supervision or not less than seventy-five dollars if the person is on intensive probation, unless, after determining the inability of the person to pay the fee, the supervising agency requires payment of a lesser amount.  The supervising parole, community supervision or probation officer shall monitor the collection of the fee.

B.  Seventy per cent of the monies collected pursuant to subsection A of this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the victim compensation and assistance fund established by section 41‑2407 and thirty per cent shall be deposited in the adult probation services fund established by section 12‑267 or, if the person is supervised by the state department of corrections, in the community corrections enhancement fund established by section 31‑418.

C.  In addition to any other fees, a person who is being supervised in this state pursuant to this article may be required to pay as a condition of parole or community supervision the reasonable costs associated with the person's participation in a drug testing program.  The person's costs shall not exceed the state department of corrections' cost for the program.  The monies collected pursuant to this subsection by the department may only be used to offset the costs of the drug testing program. END_STATUTE

Sec. 4.  Section 41-1604.13, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1604.13.  Home arrest; eligibility; victim notification; conditions; applicability; definitions

A.  An inmate who has served not less than six months of the sentence imposed by the court is eligible for the home arrest program if the inmate:

1.  Meets the following criteria:

(a)  Was convicted of committing a class 4, 5 or 6 felony not involving a dangerous offense.

(b)  Was not convicted of a sexual offense.

(c)  Has not previously been convicted of any felony.

2.  Violated parole by the commission of a technical violation that was not chargeable or indictable as a criminal offense.

3.  Is eligible for work furlough.

4.  Is eligible for parole pursuant to section 31‑412, subsection A.

B.  The board of executive clemency shall determine which inmates are released to the home arrest program based on the criteria in subsection A of this section and based on a determination that there is a substantial probability that the inmate will remain at liberty without violating the law and that the release is in the best interests of the state after considering the offense for which the inmate is presently incarcerated, the prior record of the inmate, the conduct of the inmate while incarcerated and any other information concerning the inmate that is in the possession of the state department of corrections, including any presentence report.  The board maintains the responsibility of revocation as applicable to all parolees.

C.  An inmate who is otherwise eligible for home arrest, who is not on work furlough and who is currently serving a sentence for a conviction of a serious offense or conspiracy to commit or attempt to commit a serious offense shall not be granted home arrest except by one of the following votes:

1.  A majority affirmative vote if four or more members of the board of executive clemency consider the action.

2.  A unanimous affirmative vote if three members of the board of executive clemency consider the action.

3.  A unanimous affirmative vote if two members of the board of executive clemency consider the action pursuant to section 31‑401, subsection I and the chairman of the board concurs after reviewing the information considered by the two members.

D.  Home arrest is conditioned on the following:

1.  Active electronic monitoring surveillance for a minimum term of one year or until eligible for general parole.

2.  Participation in gainful employment or other beneficial activities.

3.  Submission to alcohol and drug tests as mandated.

4.  Payment of the electronic monitoring fee in an amount determined by the board of not less than one dollar per day and not more than the total cost of the electronic monitoring unless, after determining the inability of the inmate to pay the fee, the board requires payment of a lesser amount.  The fees collected shall be returned to the department's home arrest program to offset operational costs of the program.

5.  Remaining at the inmate's place of residence at all times except for movement out of the residence according to mandated conditions.

6.  Adherence to any other conditions imposed by the court, board of executive clemency or supervising corrections officers.

7.  Compliance with all other conditions of supervision.

8.  Payment of a monthly home arrest supervision fee of at least sixty‑five dollars unless, after determining the inability of the inmate to pay the fee, the department requires payment of a lesser amount.  The supervising corrections officer shall monitor the collection of the fee.  Monies collected shall be deposited, pursuant to sections 35‑146 and 35‑147, in the community corrections enhancement fund established by section 31‑418.

9.  Payment of a drug testing fee in an amount to be determined by the board and not to exceed the costs of the drug testing program.  The fees collected pursuant to this paragraph by the department may only be used to offset the costs of the drug testing program.

E.  Before holding a hearing on home arrest, the board on request shall notify and afford an opportunity to be heard to the presiding judge of the superior court in the county in which the inmate requesting home arrest was sentenced, the prosecuting attorney and the director of the arresting law enforcement agency.  The board shall notify the victim of the offense for which the inmate is incarcerated.  The notice shall state the name of the inmate requesting home arrest, the offense for which the inmate was sentenced, the length of the sentence and the date of admission to the custody of the state department of corrections.  The notice to the victim shall also inform the victim of the victim's right to be present and to submit a written report to the board expressing the victim's opinion concerning the inmate's release.  No hearing concerning home arrest may be held until fifteen days after the date of giving the notice.  On mailing the notice, the board shall file a hard copy of the notice as evidence that notification was sent.

F.  An inmate who is placed on home arrest is on inmate status, is subject to all the limitations of rights and movement and is entitled only to due process rights of return.

G.  If an inmate violates a condition of home arrest that poses any threat or danger to the community, or commits an additional felony offense, the board shall revoke the home arrest and return the inmate to the custody of the state department of corrections to complete the term of imprisonment as authorized by law.

H.  The ratio of supervising corrections officers to supervisees in the home arrest program shall be no greater than one officer for every twenty‑five supervisees.

I.  The board shall determine when the supervisee is eligible for transfer to the regular parole program pursuant to section 31‑411.

J.  This section applies only to persons who commit felony offenses before January 1, 1994.

K.  For the purposes of this section:

1.  "Dangerous offense" has the same meaning prescribed in section 13‑105.

2.  "Serious offense" includes any of the following:

(a)  A serious offense as defined in section 13‑706, subsection F, paragraph 1, subdivision (a), (b), (c), (d), (e), (g), (h), (i), (j) or (k).

(b)  A dangerous crime against children as defined in section 13‑705. The citation of section 13‑705 is not a necessary element for a serious offense designation.

(c)  A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13‑705, subsection P, paragraph 1 or section 13‑706, subsection F, paragraph 1. END_STATUTE

 

 

 

APPROVED BY THE GOVERNOR APRIL 5, 2012.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 5, 2012.