Bill Text: AZ HB2525 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Arizona sentencing commission
Spectrum: Slight Partisan Bill (Democrat 11-5)
Status: (Introduced - Dead) 2012-01-18 - Referred to House JUD Committee [HB2525 Detail]
Download: Arizona-2012-HB2525-Introduced.html
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REFERENCE TITLE: Arizona sentencing commission |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2525 |
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Introduced by Representatives Ash, Chabin, McLain, Meyer, Patterson, Wheeler: Alston, Farley, Gonzales, Goodale, Hale, Jones, Miranda C, Saldate, Tovar, Senator Lewis
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AN ACT
AMENDING TITLE 41, CHAPTER 27, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING
SECTION 41-3022.01; AMENDING TITLE 41, ARIZONA REVISED STATUTES, BY ADDING
CHAPTER 51; RELATING TO THE Arizona sentencing COMMISSION.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3022.01, to read:
41-3022.01. Arizona sentencing commission; termination July 1, 2022
A. The Arizona sentencing commission terminates on July 1, 2022.
B. Title 41, chapter 51 is repealed on January 1, 2023.END_STATUTE
Sec. 2. Title 41, Arizona Revised Statutes, is amended by adding chapter 51, to read:
CHAPTER 51
ARIZONA SENTENCING COMMISSION
ARTICLE 1. GENERAL PROVISIONS
41-5051. Arizona sentencing commission; purposes
The Arizona sentencing commission is established to continuously collect data and evaluate the effectiveness of this state's sentencing practices and policies and alternative sentencing programs. The sentencing commission shall review collected data from probation departments, pretrial diversion programs, drug and mental health courts, city and county jails and the state department of corrections. The commission shall evaluate sentencing and treatment laws, policies and practices in other states and shall submit recommendations to the legislature. In fulfilling its purpose, the commission shall consider:
1. The safety of the public.
2. The economic efficiency of sentencing practices and policies.
3. Providing just and adequate punishment for the crime.
4. Deterring criminal conduct.
5. Promoting the rehabilitation of offenders.
41-5052. Arizona sentencing commission; membership; powers and duties
A. The Arizona sentencing commission consists of the following members:
1. The chief justice of the supreme court or the chief justice's designee, who shall serve as chairperson.
2. The director of the state department of corrections or the director's designee.
3. The director of the probation services division of the administrative office of the courts.
4. The director of the department of juvenile corrections or the director's designee.
5. Two members of the house of representatives who are not members of the same political party and who are appointed by the speaker of the house of representatives.
6. Two members of the senate who are not members of the same political party and who are appointed by the president of the senate.
7. One member of the board of executive clemency who is appointed by the governor.
8. Two prosecutors who are appointed by the governor.
9. Two attorneys who practice criminal defense and who are appointed by the governor.
10. Two superior court judges who are appointed by the governor.
11. One president of an Arizona psychiatric society who is appointed by the governor.
12. One member who has experience in the area of substance abuse and who is appointed by the governor.
13. Three members, one each from Arizona state university, the university of Arizona and northern Arizona university, who are faculty members with expertise in law, criminology, sociology or another relevant field and who are appointed by the president of each member's respective university.
B. Commission members who serve pursuant to subsection A, paragraphs 1, 2, 3, 4, 5 and 6 shall be ex officio members, except that commission members who serve pursuant to subsection A, paragraphs 2, 5 and 6 are nonvoting members.
C. Appointed members serve three year terms.
D. The sentencing commission shall meet at least once during each calendar quarter and additionally as the chairperson deems necessary. The commission shall meet at the state capitol or at other places as the chairperson deems necessary or convenient and all meetings shall be open to the public. A majority of the members constitutes a quorum for the transaction of business.
E. The sentencing commission shall:
1. Collect recidivism data, record treatment methods and monitor the financial obligations and overall effectiveness of probation departments, pretrial diversion programs, drug and mental health courts, city and county jails and the state department of corrections.
2. Evaluate emerging practices and trends in criminal sentencing and alternative punishments in other jurisdictions throughout the United States.
3. Review this state's sentencing structure, including its laws, policies and practices, and recommend changes to the laws and any other aspects of sentencing that are necessary to ensure appropriateness of sentencing.
4. Submit an annual report to the chairpersons of the Judiciary committees of the house of representatives and the senate, or their successor committees.
5. Maintain and make available for public inspection records of actions that are taken by the sentencing commission.
F. The sentencing commission may:
1. Request information, data and reports from any state agency or political subdivision of this state and from judicial officers of this state. If possible, information shall be provided electronically.
2. Hold hearings, conduct fact finding tours and take testimony from witnesses, including participants in the criminal justice system, that may assist the commission in fulfilling its responsibilities.
3. Perform or delegate any other function that may be necessary to carry out the commission's purpose.
4. Apply for and receive grants, donations or other monies from public or private sources.
G. On the request of the sentencing commission, an agency of this state shall provide to the commission its services, equipment, personnel and facilities to the extent possible without cost to the commission.
H. The legislature shall provide staff and support services to the commission.
I. Members of the commission are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
Sec. 3. Initial terms of members of the Arizona sentencing commission
A. Notwithstanding section 41-5052, Arizona Revised Statutes, as added by this act, the initial terms of appointed members of the Arizona sentencing commission are:
1. The terms of the three members who are appointed pursuant to section 41‑5052, subsection A, paragraphs 7, 11 and 12, Arizona Revised Statutes, as added by this act, end on January 31, 2013.
2. The terms of the three members who are appointed pursuant to section 41‑5052, subsection A, paragraph 13, Arizona Revised Statutes, as added by this act, end on January 31, 2014.
3. The terms of the six members who are appointed pursuant to section 41-5052, subsection A, paragraphs 8, 9 and 10, Arizona Revised Statutes, as added by this act, end on January 31, 2015.
B. All subsequent appointments shall be made as prescribed by statute.
Sec. 4. Purpose
Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the legislature establishes the Arizona sentencing commission to promote public safety, the avoidance of unfair disparity in sentencing, the rational use of correctional resources and transparency.
