Bill Text: AZ HB2601 | 2021 | Fifty-fifth Legislature 1st Regular | Engrossed
Bill Title: Sentencing; credit; electronic monitoring
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-03-30 - Senate majority caucus: Do pass [HB2601 Detail]
Download: Arizona-2021-HB2601-Engrossed.html
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House Engrossed
sentencing; credit; electronic monitoring |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2601 |
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AN ACT
amending section 13-712, Arizona Revised Statutes; relating to sentencing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-712, Arizona Revised Statutes, is amended to read:
13-712. Calculation of terms of imprisonment
A. A sentence of imprisonment commences when sentence is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise it commences when the defendant becomes actually in custody.
B. All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for such offense shall be credited against the term of imprisonment otherwise provided for by this chapter. Time actually spent in custody includes credit for the time that the defendant spent on electronic monitoring under supervision of the court or a probation department before being sentenced to IMPRISONMENT.
C. If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence.
D. If a person serving a sentence of imprisonment escapes from custody, the escape interrupts the sentence. The interruption continues until the person is apprehended and confined for the escape or is confined and subject to a detainer for the escape. Time spent in actual custody prior to before return under this subsection shall be credited against the term authorized by law if custody rested on an arrest or surrender for the escape itself, or if the custody arose from an arrest on another charge which culminated in a dismissal or an acquittal, and the person was denied admission to bail pending disposition of that charge because of a warrant lodged against such person arising from the escape.
E. The sentencing court shall include the time of commencement of sentence under subsection A of this section and the computation of time credited against sentence under subsection B, C or D, of this section in the original or an amended commitment order, under procedures established by rule of court.
