2012 BILLS: ARIZONA LEGISLATIVE SESSION:

See Arizona Capitol Times article: Futile Attempts at Sentencing Reform, dated February 27, 2011

This is not a complete list of all bills of interest, but we will continue to add them as they are "dropped."  LAST DAY FOR A BILL TO BE HEARD IN THE FIRST COMMITTEE, IS APPROX. FEBRUARY 17.  IF A BILL IS NOT HEARD IN A COMMITTEE BY THIS DATE FOR THE FIRST TIME, IT IS VERY UNLIKELY IT WILL BE HEARD AT ALL.  Due to the election year and other factors, all legislators hope to have the session completed within 100 days, which would be on April 21, 2012 (usually at midnight).

HOUSE OF REPRESENTATIVE BILLS

HB 2202:  Proposes to place population limitations on private prisons in the state, including on ones that house prisoners not under the jurisdiction of Arizona's courts.

HB 2203:  Proposes that records of private prisons who house Arizona prisoners in this state are public records to the same extent that records held by government agencies are public records.

HB 2204:  Proposes that incidents of major disruption that occur at private prisons must be reported to the Dept. of Corrections.  Defines "disruption" or "disturbance."  Includes private prisons that don't hold Arizona prisoners but that are operated in the state of Arizona.  Also calls for the DOC to have access to inspect such facilities.  Civil penalties apply if a private prison does not timely make notification.

HB 2205:   Proposes that the Auditor General perform a special audit of certain specific categories of private prison operations, including security, inmate management and control, programs and services, facility safety and sanitation, administration, food service, personnel practices and training, inmate health services, inmate discipline, etc. 

HB 2206:  Proposes that the private prisons not be allowed to accept the transfer of an adult prisoner from a state other than Arizona and that the fingerprints and photographs of all prisoners in a private prison are public records.

HB 2218:  Proposes that the Arizona Dept. of Juvenile Corrections be extended until July 1, 2022.

HB 2296:  Proposes to establish an Arizona Sentencing and Corrections Commission with non-binding authority to study the effectiveness of the state's sentencing practices, review DOC operations, collect data from county jails and state prisons and make recommendations (non-binding) to the legislature.  

HB 2297:  Proposes that if a person violates a condition of probation two or more times, probation may be revoked by the court.  Also deals with new offenses committed by probationers.

HB 2299:  Proposes to establish a Private Prison Study Committee.  Non-binding recommendations may be made and fact-finding tours may be conducted by committee members to private prisons.

HB 2338:  Relates to prisoner transfers.  Proposes to repeal certain statutes.  Is proposed as an emergency measure, which means that if passed into law and signed by the Governor, it would become effective on the date of signing it into law.

HB 2373:  Proposes various (harsher) sentences for those convicted of first degree murder who are under 18 years of age at time of offense -- life or natural life.  Proposes that if the victim was under 15 or an unborn child, the defendant must serve a minimum of 35 years to release eligibility if give a "life" sentence.  Proposes that any person convicted of first-degree murder who is sentence to life must serve 25 flat calendar years, with no opportunity for commutation or any other early release, if the victim was over 15 at time of offense.  If the victim was under 15 or an unborn child, the sentence would be 35 years flat-time with no options for early release.   Natural life means no possibility of release at all; ever.

HB 2382:  Relates to criminal sentencing.  Makes minor (upward) changes in criminal sentencing statutes for Class 2 thru 6 felony offenses.

HB 2390:  Provides that defendants being sentenced in city or town courts who are placed on home detention (mostly for misdemeanor crimes) are allowed to engage in jobs or work that is within 120 miles of their home residence.

HB 2442:  Provides that prisoners who are released from the ADOC on parole, community supervision or on any other form of release may be required to pay for drug testing.   This bill was heard in committee on January 18, and Middle Ground testified against it.  When it was clear that the bill would pass (the committee chair is the sponsor of the bill), we testified that the bill should allow a provision to waive the fee (purportedly $8-10/test, according to DOC testimony) if he/she cannot afford to pay it and that no person should be required to pay for more than one (1) drug test per month, no matter how many times his color-coded "random" number is called for testing.  The bill passed out of the committee without these amendments added.  We are working with Rep. Ruben Gallego and Rep. Richard Miranda to try to get these amendments added to the bill.

HB2521:   Proposes to allow inmates who are non-violent or serious offenders, as designated by ARS 13-706, to earn release credits at a rate of 1 day for every three days served, as opposed to current rate of 1 day of earned release credit for every seven days served, which would remain in effect for those convicted of serious/violent offenses, if they are eligible to earn release credits at all.  Current flat-time sentences would remain in effect.  Proposes to use the above calculations to determine the length of time that a person will serve on community supervision.  Hence, persons convicted of serious/violent offenses would serve longer stretches of time on community supervision than those convicted of less serious offenses.   THIS BILL HAS VERY LITTLE LIKELIHOOD OF RECEIVING A HEARING UNLESS A MAJOR EFFORT IS MADE TO CONVINCE REP. DAVID GOWAN, CHAIRMAN, HOUSE MILITARY AFFAIRS AND PUBLIC SAFETY COMMITTEE,, TO HEAR THE BILL.  THE BILL MUST BE HEARD BY FEBRUARY 17, 2012 (FOR THE FIRST TIME) OR IT WILL BE DEAD.  REP. GOWAN WILL BE DECIDING WITHIN THE NEXT FEW DAYS WHETHER HE WILL ALLOW THIS BILL TO BE HEARD IN HIS COMMITTEE.

HB 2522:  Relates to sentencing.  This is an 18-page bill.  Proposes to modify sentencing matrix for certain felony offenses.  The sentences previous used at mitigated sentence lengths would now be the new minimum sentence.  Those used as the current aggravated terms would be the new maximum terms.  The terms "mitigated" and "aggravated" are deleted from the sentencing code, and previous minimum and maximum sentences are deleted.  Proposes to increase the number of felony convictions necessary for a person to be able to be prosecuted as a repetitive offender.   Proposes that for certain "Dangerous Crimes Against Children," involving Sexual Exploitation of a Minor (possessing child pornography pictures), the sentences imposed MAY be served concurrently.  Currently, statute requires that each sentence for each photo must be served consecutively.  Bill also deals with revocation penalties for drug offenses; temporary releases and other matters.  THIS BILL HAS VERY LITTLE LIKELIHOOD OF RECEIVING A HEARING UNLESS A MAJOR EFFORT IS MADE TO CONVINCE REP. DAVID GOWAN, CHAIRMAN, HOUSE MILITARY AFFAIRS AND PUBLIC SAFETY COMMITTEE, TO HEAR THE BILL.  THE BILL MUST BE HEARD (FOR THE FIRST TIME) BY FEBRUARY 17, 2012.  REP. GOWAN WILL BE DECIDING WITHIN THE NEXT FEW DAYS WHETHER HE WILL ALLOW THIS BILL TO BE HEARD IN HIS COMMITTEE.

HB 2523:  Proposes to REPEAL the $25 background check fee for visitors to inmates in the ADOC.  SEE SAME NOTES AS ABOVE FOR CONVINCING THE CHAIRMAN TO HEAR THIS BILL.

HB 2524:  Relates to capital sentencing.  Proposes to allow persons convicted of first-degree murder for an offense that was committed prior to August 8, 1973 and who was sentenced to "life" be eligible for parole after the service of 25 calendar years.  This bill, if passed into law, would affect about 40 people in the ADOC.   Note:  The bill has been introduced each year for the past five or six years; it has never received a hearing.

HB 2525:  Proposes to establish an Arizona Sentencing Commission, which would study various data and programs in other states and make non-binding recommendations for possible changes in Arizona's Sentencing Code to legislators.  Note:  This bill, in essentially the same format, was introduced last year.  It passed out of one committee, but was never seen or heard from again.

HB 2527:  Relates to sex offender registration.  Allows a judge to make a finding that a person is not required to register as a sex offender if it is determined that the offense involved consensual acts and if the judge finds that the defendant is not likely to reoffend.  A finding that the sexual act was consensual requires that the victim agree that the acts were consensual.  Note:  This bill has serious legal problems because, assuming that the sex was between someone over the age of 18 and someone under the age of 18 (the victim), Arizona law provides that a person under the age of 18 cannot lawfully "give" consent.

HB 2529:  Proposes to repeal the law that caused the Arizona Board of Executive Clemency to become a part-time board and mandates that board members may only work "no more than" 30 hours/week.  This has caused a tremendous strain on board member's ability to do their work and has created an enormous backlog of pending Commutation of Sentence applications.  Due to the backlog, a person who applies for commutation may wait anywhere from 18 months to 2 years before a Phase I hearing is scheduled.

HB 2528:  Proposes to put into law what is already in DOC policy (which can be changed at the whim of any director), which is that no known pregnant detainee or prisoner can be placed in restraints, especially in bellychains, during labor, transport to a medical facility, delivery, postpartum recovery, unless there is an individualized determination that the prisoner or detainee represents an extraordinary circumstance for such need.  Other provisions.  Note:  A similar bill is also going to be introduced by Sen. Linda Gray.

HB 2531:  Proposes "medical parole" for prisoners who are sentenced to death or to natural life if certain conditions are ALL met, including that the prisoner has an incapacitating physical condition, disease or syndrome; that a description of the condition is provided; and that a prognosis is provided with addresses the likelihood of non-recovery.  Inexplicably, the bill provides that the Board shall not grant a medical parole sooner than one year before the prisoner's parole or earned release credit date unless it can be proven that the prisoner cannot be reasonably expected to live for one additional year.  Also provides for medical parole for other prisoners.  If a prisoner has been incarcerated for ten or more years and applies for medical parole, the board must first receive a report from a psychiatrist or psychologist as to the prisoner's mental condition and ability to adjust to life outside the prison.  The bill applies to any prisoner who applies for medical parole on or after the effective date of the bill, regardless of the date on which the prisoner was sentenced.  Note:  This bill has been introduced in various formats in previous years and has never been given a committee hearing.  

HB 2548:  Relates to handling in the criminal justice system of incompetent (mentally ill) defendants.

HB 2555:  Proposes that if a person "escapes" from the Arizona State Hospital after being committed to it as a sexually violent person, it is a Class 5 felony  or a Class 2 misdemeanor, depending upon the circumstances, and the sentence imposed shall run consecutive to any sentence of imprisonment for which the person was confined or to any term of community supervision for the sentence, etc.  Note:  We find this entire approach very questionable, since the Arizona Supreme Court has ruled that confinement in the Arizona State Hospital for SVP's is NOT a punishment and the person is not "incarcerated."  Hmm.  How can one "escape" when one is not incarcerated?

HB 2556:  Relates to criminal restitution.  Proposes that at the time the defendant is ordered to pay restitution, the Court may enter a criminal restitution order in favor of each person who is entitled to restitution for the unpaid balance of any restitution order.

HB 2558:  Relates to criminal restitution.

HB 2559:  Proposes that a Victim's Rights statement of information about those rights be posted outside the door of each superior court and justice court in this state and read aloud at the beginning of each day's docket and at other times when defendants are changing their plea, being sentences, appearing for status conferences, etc.

HB 2615:  Proposes that a civil action for recovery of damages or injuries suffered as a result of a sexual offense, sexual exploitation or incest committed against a minor may be commenced at any time.  Certain causes of action barred because the statue of limitations has expired are revived and may be commenced within one year of the effective date of this legislation if it passes into law.

SENATE BILLS INTRODUCED

SB 1027:  Relates to domestic violence offenses.  Proposes that a person who pleads guilty or no contest is ordered to be placed on probation, pay a fine of not less than $50, which goes into a domestic violence shelter fund and serve not less than 48 consecutive hours in jail.

SB 1037:  Allows the Director of the Arizona Dept. of Juvenile Corrections to designate an educational program for youth who are on conditional liberty and, in some cases, may assign a youth to a specific public or private educational program.

SB 1038:  Allows the Director of the Arizona Dept. of Juvenile Corrections to allow a paid or unpaid employee of a licensee or contract provider who has been convicted of a certain offenses to have contact with committed youth IF the Director finds that the person has been successfully rehabilitated.  Various factors are listed for the Director to consider when making such determination.  This would allow credible ex-offenders to make presentations or work with youth committed to the ADJC.

SB 1039:   This is a bill which "sunsets" the Arizona Dept. of Corrections on July 1, 2022.  Essentially, if passed (and it will pass) it continues the operation of the ADOC until 7/1/2022, when its operation will be renewed again.   This bill has already passed out of one Senate Committee.

SB 1043:  This is an 11-page bill which adds ever more chemical compounds to the list of illegal/controlled substances, including "methoxymethcathinone," "naphthylpyrovalerone," and others we are completely unable to pronounce or spell without assistance.  No question; this will pass.

SB 1091:   Proposes that a person who knowingly is an employee at a house of prostitution or OF A prostitution enterprise is guilty of a Class 1 misdemeanor.  Note:  THIS BILL RECEIVES MIDDLE GROUND'S ANNUAL TOP HONORS AWARD FOR STAGGERINGLY IMPORTANT LEGISLATION.  Sponsor:  Rep. Ron Gould.

SB 1099:   Relates to children.  Specifies that the Court shall determine if termination of the parent-child relationship is in the child's best interests by considering evidence submitted with the petition or any time before the hearing on a motion for termination of parental rights.  Also proposes that if the Court determines that termination of parental rights is clearly in the child's best interest and the child has been placed in a certified adoptive home, the Court shall prohibit visitation between the child and a birth parent unless visitation is required by state or federal law.

SB 1130:  Proposes that misconduct involving weapons or concealed weapons (gun) is expanded to include on the grounds of a school and defines "school" to include a community college or university under the jurisdiction of the Arizona Board of Regents.

SB 1143:  Proposes to increase the penalty for aggravated identity theft involving 50 or more persons or entities to a Class 2 felony (currently a Class 3).

SB 1144:  Provides for special sentencing for persons convicted of a felony who pretended to be a peace officer during commission of the offense with intent to induce another person to submit to their authority.  The convicted person in this circumstance is not eligible for suspension of sentence, probation, pardon or release from confinement except under specified circumstances.  The minimum, presumptive and maximum sentence for this offense is increased.

SB 1145:  The list of items that a public entity or public employee are not liable for, except in cases of gross negligence, is expanded to include the self-inflicted injury or death of a prisoner or youth committed to the Department of Juvenile Corrections.

SB1146:  Deals with indecent exposure; if defendant is 15 years or older, it is proposed as a Class 6 felony if the person has two or more prior convictions of indecent exposure or one or more prior convictions of sexual assault.

SB 1147:  Modifies the definition of "sexually violent offense" in the public health statutes which related to sexually violent persons.

SB 1148:  Proposes that a person convicted of misconduct involving weapons for using or possessing a deadly weapon during the commission of any felony offense is not eligible for suspension of sentence, probation, pardon or release from confinement.  Some exceptions apply, including if the offense involved the personal possession of use of a controlled substance.

SB 1149:  Proposes to expand the list of actions constituting misconduct involving weapons to include trafficking in weapons or explosives for financial gain in order to assist a criminal street gang, criminal syndicate or a racketeering enterprise.

SB 1150:  The list of threat used as a means to commit theft that cause the theft to be classified as theft by means of extortion is expanded to include a threat to cause death or serious physical injury to anyone.

SB 1151:  An offense that was punishable as a felony by the jurisdiction in which it was committed (such as out-of-state) is considered when classifying category 2 or 3 repetitive offenders and when sentencing dangerous offenders.

SB 1184:  Proposes that prisoners who are in the third trimester of pregnancy cannot be placed in bellychains or other similar types of restraints, unless there is specific cause to do so.  This bill is similar to HB 2528, but a little less broad.  Presently, DOC policy states that a pregnant woman in labor is not to be in restraints, but this bill -- and/or HB 2528 -- codify the policy into law and make it much broader.  This bill is favored over HB 2528, which has not been scheduled for a hearing.