Arizona 2022 Regular Session

Arizona House Bill HB2355 Compare Versions

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1-House Engrossed second degree murder; sentencing State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 CHAPTER 245 HOUSE BILL 2355 An Act amending sections 13-705, 13-3409, 13-3560, 31-412, 41-1604.11 and 41-1604.13, Arizona Revised Statutes; relating to second degree murder. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+House Engrossed second degree murder; sentencing State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HOUSE BILL 2355 An Act amending sections 13-705, 13-3409, 13-3560, 31-412, 41-1604.11 and 41-1604.13, Arizona Revised Statutes; relating to second degree murder. (TEXT OF BILL BEGINS ON NEXT PAGE)
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5455 amending sections 13-705, 13-3409, 13-3560, 31-412, 41-1604.11 and 41-1604.13, Arizona Revised Statutes; relating to second degree murder.
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6465 Be it enacted by the Legislature of the State of Arizona: Section. 1. Section 13-705, Arizona Revised Statutes, is amended to read: START_STATUTE13-705. Dangerous crimes against children; sentences; definitions A. A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving commercial sexual exploitation of a minor or child sex trafficking and the person has previously been convicted of a dangerous crime against children in the first degree shall be sentenced to imprisonment in the custody of the state department of corrections for natural life. A person who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the person's natural life. B. A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving sexual assault of a minor who is twelve years of age or younger or sexual conduct with a minor who is twelve years of age or younger shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. This subsection does not apply to masturbatory contact. C. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is under twelve years of age, second degree murder of a minor who is under twelve years of age, sexual assault of a minor who is under twelve years of age, sexual conduct with a minor who is under twelve years of age or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is under twelve years of age may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a term of imprisonment as follows: Minimum Presumptive Maximum 13 years 20 years 27 years D. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving SECOND degree murder of a minor who is under fifteen years of age may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a term of imprisonment as follows: Minimum Presumptive Maximum 25 years 30 years 35 years D. E. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is twelve, thirteen or fourteen years of age, second degree murder of a minor who is twelve, thirteen or fourteen years of age, sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking a child for the purpose of prostitution, child sex trafficking, commercial sexual exploitation of a minor, sexual conduct with a minor who is twelve, thirteen or fourteen years of age, continuous sexual abuse of a child or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is twelve, thirteen or fourteen years of age or involving or using minors in drug offenses shall be sentenced to a term of imprisonment as follows: Minimum Presumptive Maximum 13 years 20 years 27 years A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows: Minimum Presumptive Maximum 23 years 30 years 37 years E. F. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving aggravated assault, unlawful mutilation, molestation of a child, sexual exploitation of a minor, aggravated luring a minor for sexual exploitation, child abuse or kidnapping shall be sentenced to a term of imprisonment as follows: Minimum Presumptive Maximum 10 years 17 years 24 years A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows: Minimum Presumptive Maximum 21 years 28 years 35 years F. G. Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving luring a minor for sexual exploitation, sexual extortion or unlawful age misrepresentation and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted: Minimum Presumptive Maximum 5 years 10 years 15 years A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted: Minimum Presumptive Maximum 8 years 15 years 22 years G. H. Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving sexual abuse or bestiality under section 13-1411, subsection A, paragraph 2 and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted: Minimum Presumptive Maximum 2.5 years 5 years 7.5 years A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted: Minimum Presumptive Maximum 8 years 15 years 22 years H. I. The presumptive sentences prescribed in subsections C, D, and E and F of this section or subsections F and G and H of this section if the person has previously been convicted of a predicate felony may be increased or decreased pursuant to section 13-701, subsections C, D and E. I. J. Except as provided in subsection subsections G and H of this section, a person who is sentenced for a dangerous crime against children in the first degree pursuant to this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. J. K. A person who is convicted of any dangerous crime against children in the first degree pursuant to subsection C, D, or E or F of this section and who has been previously convicted of two or more predicate felonies shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served not fewer than thirty-five years or the sentence is commuted. K. L. Notwithstanding chapter 10 of this title, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the second degree pursuant to subsection B, C, D or E or F of this section is guilty of a class 3 felony and if the person is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted: Minimum Presumptive Maximum 5 years 10 years 15 years L. M. A person who is convicted of any dangerous crime against children in the second degree and who has been previously convicted of one or more predicate felonies is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. M. N. Section 13-704, subsection J and section 13-707, subsection B apply to the determination of prior convictions. N. O. The sentence imposed on a person by the court for a dangerous crime against children under subsection G H of this section involving sexual abuse may be served concurrently with other sentences if the offense involved only one victim. The sentence imposed on a person for any other dangerous crime against children in the first or second degree shall be consecutive to any other sentence imposed on the person at any time, including sexual abuse of the same victim. O. O. In this section, for purposes of punishment an unborn child shall be treated like a minor who is under twelve years of age. P. Q. A dangerous crime against children is in the first degree if it is a completed offense and is in the second degree if it is a preparatory offense, except attempted first degree murder is a dangerous crime against children in the first degree. Q. R. It is not a defense to a dangerous crime against children that the minor is a person posing as a minor or is otherwise fictitious if the defendant knew or had reason to know the purported minor was under fifteen years of age. R. S. For the purposes of this section: 1. "Dangerous crime against children" means any of the following that is committed against a minor who is under fifteen years of age: (a) Second degree murder. (b) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument. (c) Sexual assault. (d) Molestation of a child. (e) Sexual conduct with a minor. (f) Commercial sexual exploitation of a minor. (g) Sexual exploitation of a minor. (h) Child abuse as prescribed in section 13-3623, subsection A, paragraph 1. (i) Kidnapping. (j) Sexual abuse. (k) Taking a child for the purpose of prostitution as prescribed in section 13-3206. (l) Child sex trafficking as prescribed in section 13-3212. (m) Involving or using minors in drug offenses. (n) Continuous sexual abuse of a child. (o) Attempted first degree murder. (p) Sex trafficking. (q) Manufacturing methamphetamine under circumstances that cause physical injury to a minor. (r) Bestiality as prescribed in section 13-1411, subsection A, paragraph 2. (s) Luring a minor for sexual exploitation. (t) Aggravated luring a minor for sexual exploitation. (u) Unlawful age misrepresentation. (v) Unlawful mutilation. (w) Sexual extortion as prescribed in section 13-1428. 2. "Predicate felony" means any felony involving child abuse pursuant to section 13-3623, subsection A, paragraph 1, a sexual offense, conduct involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or a dangerous crime against children in the first or second degree. END_STATUTE Sec. 2. Section 13-3409, Arizona Revised Statutes, is amended to read: START_STATUTE13-3409. Involving or using minors in drug offenses; classification A. A person shall not knowingly: 1. Hire, employ or use a minor to engage in any conduct, completed or preparatory, that is prohibited by sections 13-3404, 13-3404.01, 13-3405, 13-3406, 13-3407 and 13-3408. 2. Sell, transfer or offer to sell or transfer to a minor any substance if its possession is prohibited by sections 13-3404, 13-3404.01, 13-3405, 13-3407 and 13-3408. B. A person who violates this section is guilty of a class 2 felony and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection D E. C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars or three times the value as determined by the court of the substance involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection. END_STATUTE Sec. 3. Section 13-3560, Arizona Revised Statutes, is amended to read: START_STATUTE13-3560. Aggravated luring a minor for sexual exploitation; classification; definitions A. A person commits aggravated luring a minor for sexual exploitation if the person does both of the following: 1. Knowing the character and content of the depiction, uses an electronic communication device to transmit at least one visual depiction of material that is harmful to minors for the purpose of initiating or engaging in communication with a recipient who the person knows or has reason to know is a minor. 2. By means of the communication, offers or solicits sexual conduct with the minor. The offer or solicitation may occur before, contemporaneously with, after or as an integrated part of the transmission of the visual depiction. B. It is not a defense to a prosecution for a violation of this section that the other person is not a minor or that the other person is a peace officer posing as a minor. C. Aggravated luring a minor for sexual exploitation is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection E F. D. The defense prescribed in section 13-1407, subsection E applies to a prosecution pursuant to this section. E. For the purposes of this section: 1. "Electronic communication device" means any electronic device that is capable of transmitting visual depictions and includes any of the following: (a) A computer, computer system or network as defined in section 13-2301. (b) A cellular telephone or wireless telephone as defined in section 13-4801. 2. "Harmful to minors" has the same meaning prescribed in section 13-3501. END_STATUTE Sec. 4. Section 31-412, Arizona Revised Statutes, is amended to read: START_STATUTE31-412. Criteria for release on parole; release; custody of parolee; definition A. If a prisoner is certified as eligible for parole pursuant to section 41-1604.09 the board of executive clemency shall authorize the release of the applicant on parole if the applicant has reached the applicant's earliest parole eligibility date pursuant to section 41-1604.09, subsection D and it appears to the board, in its sole discretion, that there is a substantial probability that the applicant will remain at liberty without violating the law and that the release is in the best interests of the state. The applicant shall thereupon be allowed to go on parole in the legal custody and under the control of the state department of corrections, until the board revokes the parole or grants an absolute discharge from parole or until the prisoner reaches the prisoner's individual earned release credit date pursuant to section 41-1604.10. When the prisoner reaches the prisoner's 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 but shall be subject to revocation under section 41-1604.10. B. Notwithstanding subsection A of this section, the director of the state department of corrections may certify as eligible for parole any prisoner, regardless of the classification of the prisoner, who has reached the prisoner's parole eligibility date pursuant to section 41-1604.09, subsection D, unless an increased term has been imposed pursuant to section 41-1604.09, subsection F, for the sole purpose of parole to the custody of any other jurisdiction to serve a term of imprisonment imposed by the other jurisdiction or to stand trial on criminal charges in the other jurisdiction or for the sole purpose of parole to the custody of the state department of corrections to serve any consecutive term imposed on the prisoner. On review of an application for parole pursuant to this subsection the board may authorize parole if, in its discretion, parole appears to be in the best interests of the state. C. A prisoner who is otherwise eligible for parole, who is not on home arrest or 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 parole or absolute discharge from imprisonment except by one of the following votes: 1. A majority affirmative vote if four or more members consider the action. 2. A unanimous affirmative vote if three members consider the action. 3. A unanimous affirmative vote if two members consider the action pursuant to section 31-401, subsection I and the chairman concurs after reviewing the information considered by the two members. D. The board, as a condition of parole, shall order a prisoner to make any court-ordered restitution. E. Payment of restitution by the prisoner in accordance with subsection D of this section shall be made through the clerk of the superior court in the county in which the prisoner was sentenced for the offense for which the prisoner has been imprisoned in the same manner as restitution is paid as a condition of probation. The clerk of the superior court, on request, shall make the prisoner's restitution payment history available to the board, victim, victim's attorney and department without cost. F. The board shall not disclose the address of the victim or the victim's immediate family to any party without the written consent of the victim or the victim's family. G. For the purposes of this section, "serious offense" includes any of the following: 1. 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). 2. 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. 3. 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 R S, paragraph 1 or section 13-706, subsection F, paragraph 1. END_STATUTE Sec. 5. Section 41-1604.11, Arizona Revised Statutes, is amended to read: START_STATUTE41-1604.11. Order for removal; purposes; duration; work furlough; notice; failure to return; classification; applicability; definition A. The director of the state department of corrections may authorize the temporary removal under custody from prison or any other institution for the detention of adults under the jurisdiction of the state department of corrections of any inmate for the purpose of employing that inmate in any work directly connected with the administration, management or maintenance of the prison or institution in which the inmate is confined, for purposes of cooperating voluntarily in medical research that cannot be performed at the prison or institution, or for participating in community action activities directed toward delinquency prevention and community betterment programs. The removal shall not be for a period longer than one day. B. Under specific rules established by the director for the selection of inmates, the director may also authorize furlough, temporary removal or temporary release of any inmate for compassionate leave, for the purpose of furnishing to the inmate medical treatment not available at the prison or institution, for purposes preparatory to a return to the community within ninety days of the inmate's release date or for disaster aid, including local mutual aid and state emergencies. When an inmate is temporarily removed or temporarily released for a purpose preparatory to return to the community or for compassionate leave, the director may require the inmate to reimburse the state, in whole or part, for expenses incurred by the state in connection with the temporary removal or release. C. The board of executive clemency, under specific rules established for the selection of inmates, if it appears to the board, in its sole discretion, 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, may authorize the release of an inmate on work furlough if the inmate has served not less than six months of the sentence imposed by the court, is within twelve months of the inmate's parole eligibility date and has not been convicted of a sexual offense. The director shall provide information as the board requests concerning any inmate eligible for release on work furlough. The inmate shall not be released on work furlough unless the release is approved by the board. D. An inmate who is otherwise eligible for work furlough pursuant to subsection C of this section, who is not on home arrest 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 work furlough 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. E. Before holding a hearing on the work furlough under consideration, 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 a work furlough was sentenced, the prosecuting attorney, the director of the arresting law enforcement agency and the victim of the offense for which the inmate is incarcerated. The notice shall state the name of the inmate requesting the work furlough, 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 submit a written report to the board expressing the victim's opinion concerning the inmate's release. No a hearing concerning work furlough shall not 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. The board shall require that every inmate released on work furlough comply with the terms and conditions of release as the board may impose, including that the inmate be gainfully employed while on work furlough and that the inmate make restitution to the victim of the offense for which the inmate was incarcerated. G. If the board finds that an inmate has failed to comply with the terms and conditions of release or that the best interests of this state would be served by revocation of an inmate's work furlough, the board may issue a warrant for retaking the inmate before the expiration of the inmate's maximum sentence. After return of the inmate, the board may revoke the inmate's work furlough after the inmate has been given an opportunity to be heard. H. If the board denies the release of an inmate on work furlough or home arrest, it the board may prescribe that the inmate not be recommended again for release on work furlough or home arrest for a period of up to one year. I. The director shall transmit a monthly report containing the name, date of birth, offense for which the inmate was sentenced, length of the sentence and date of admission to the state department of corrections of each inmate on work furlough or home arrest to the chairperson of the house of representatives judiciary committee or its successor committee and the chairperson of the senate judiciary committee or its successor committee. The director shall also submit a report containing this information for any inmate released on work furlough or home arrest within a jurisdiction to the county attorney, sheriff and chief of police for the jurisdiction in which the inmate is released on work furlough or home arrest. J. Any inmate who knowingly fails to return from furlough, home arrest, work furlough or temporary removal or temporary release granted under this section is guilty of a class 5 felony. K. At any given time if the director declares there is a shortage of beds available for inmates within the state department of corrections, the parole eligibility as set forth in sections 31-411 and 41-1604.09 may be suspended for any inmate who has served not less than six months of the sentence imposed by the court, who has not been previously convicted of a felony and who has been sentenced for a class 4, 5 or 6 felony, not involving a sexual offense, the use or exhibition of a deadly weapon or dangerous instrument or the infliction of serious physical injury pursuant to section 13-704, and the inmate shall be continuously eligible for parole, home arrest or work furlough. L. Prisoners who have served at least one calendar year and who are serving a sentence for conviction of a crime committed on or after October 1, 1978, under section 13-604, 13-1406, 13-1410, 13-3406, 36-1002.01, 36-1002.02 or 36-1002.03, and who are sentenced to the custody of the state department of corrections, may be temporarily released, according to the rules of the department, at the discretion of the director, one hundred eighty calendar days prior to before expiration of the term imposed and shall remain under the control of the state department of corrections until expiration of the maximum sentence specified. If an offender released under this section or pursuant to section 31-411, subsection B violates the rules, the offender may be returned to custody and shall be classified to a parole class as provided by the rules of the department. M. This section applies only to persons who commit felony offenses before January 1, 1994. N. For the purposes of this section, "serious offense" means any of the following: 1. 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). 2. 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. 3. 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 R S, paragraph 1 or section 13-706, subsection F, paragraph 1.END_STATUTE Sec. 6. 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 $1 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 $65 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 A hearing concerning home arrest may not 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 not 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 R S, paragraph 1 or section 13-706, subsection F, paragraph 1. END_STATUTE
6566
6667 Be it enacted by the Legislature of the State of Arizona:
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6869 Section. 1. Section 13-705, Arizona Revised Statutes, is amended to read:
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7071 START_STATUTE13-705. Dangerous crimes against children; sentences; definitions
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7273 A. A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving commercial sexual exploitation of a minor or child sex trafficking and the person has previously been convicted of a dangerous crime against children in the first degree shall be sentenced to imprisonment in the custody of the state department of corrections for natural life. A person who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the person's natural life.
7374
7475 B. A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving sexual assault of a minor who is twelve years of age or younger or sexual conduct with a minor who is twelve years of age or younger shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. This subsection does not apply to masturbatory contact.
7576
7677 C. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is under twelve years of age, second degree murder of a minor who is under twelve years of age, sexual assault of a minor who is under twelve years of age, sexual conduct with a minor who is under twelve years of age or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is under twelve years of age may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a term of imprisonment as follows:
7778
7879 Minimum Presumptive Maximum
7980
8081 13 years 20 years 27 years
8182
8283 D. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving SECOND degree murder of a minor who is under fifteen years of age may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a term of imprisonment as follows:
8384
8485 Minimum Presumptive Maximum
8586
8687 25 years 30 years 35 years
8788
8889 D. E. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is twelve, thirteen or fourteen years of age, second degree murder of a minor who is twelve, thirteen or fourteen years of age, sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking a child for the purpose of prostitution, child sex trafficking, commercial sexual exploitation of a minor, sexual conduct with a minor who is twelve, thirteen or fourteen years of age, continuous sexual abuse of a child or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is twelve, thirteen or fourteen years of age or involving or using minors in drug offenses shall be sentenced to a term of imprisonment as follows:
8990
9091 Minimum Presumptive Maximum
9192
9293 13 years 20 years 27 years
9394
9495 A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:
9596
9697 Minimum Presumptive Maximum
9798
9899 23 years 30 years 37 years
99100
100101 E. F. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving aggravated assault, unlawful mutilation, molestation of a child, sexual exploitation of a minor, aggravated luring a minor for sexual exploitation, child abuse or kidnapping shall be sentenced to a term of imprisonment as follows:
101102
102103 Minimum Presumptive Maximum
103104
104105 10 years 17 years 24 years
105106
106107 A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:
107108
108109 Minimum Presumptive Maximum
109110
110111 21 years 28 years 35 years
111112
112113 F. G. Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving luring a minor for sexual exploitation, sexual extortion or unlawful age misrepresentation and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:
113114
114115 Minimum Presumptive Maximum
115116
116117 5 years 10 years 15 years
117118
118119 A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:
119120
120121 Minimum Presumptive Maximum
121122
122123 8 years 15 years 22 years
123124
124125 G. H. Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving sexual abuse or bestiality under section 13-1411, subsection A, paragraph 2 and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:
125126
126127 Minimum Presumptive Maximum
127128
128129 2.5 years 5 years 7.5 years
129130
130131 A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:
131132
132133 Minimum Presumptive Maximum
133134
134135 8 years 15 years 22 years
135136
136137 H. I. The presumptive sentences prescribed in subsections C, D, and E and F of this section or subsections F and G and H of this section if the person has previously been convicted of a predicate felony may be increased or decreased pursuant to section 13-701, subsections C, D and E.
137138
138139 I. J. Except as provided in subsection subsections G and H of this section, a person who is sentenced for a dangerous crime against children in the first degree pursuant to this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.
139140
140141 J. K. A person who is convicted of any dangerous crime against children in the first degree pursuant to subsection C, D, or E or F of this section and who has been previously convicted of two or more predicate felonies shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served not fewer than thirty-five years or the sentence is commuted.
141142
142143 K. L. Notwithstanding chapter 10 of this title, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the second degree pursuant to subsection B, C, D or E or F of this section is guilty of a class 3 felony and if the person is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:
143144
144145 Minimum Presumptive Maximum
145146
146147 5 years 10 years 15 years
147148
148149 L. M. A person who is convicted of any dangerous crime against children in the second degree and who has been previously convicted of one or more predicate felonies is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
149150
150151 M. N. Section 13-704, subsection J and section 13-707, subsection B apply to the determination of prior convictions.
151152
152153 N. O. The sentence imposed on a person by the court for a dangerous crime against children under subsection G H of this section involving sexual abuse may be served concurrently with other sentences if the offense involved only one victim. The sentence imposed on a person for any other dangerous crime against children in the first or second degree shall be consecutive to any other sentence imposed on the person at any time, including sexual abuse of the same victim.
153154
154155 O. O. In this section, for purposes of punishment an unborn child shall be treated like a minor who is under twelve years of age.
155156
156157 P. Q. A dangerous crime against children is in the first degree if it is a completed offense and is in the second degree if it is a preparatory offense, except attempted first degree murder is a dangerous crime against children in the first degree.
157158
158159 Q. R. It is not a defense to a dangerous crime against children that the minor is a person posing as a minor or is otherwise fictitious if the defendant knew or had reason to know the purported minor was under fifteen years of age.
159160
160161 R. S. For the purposes of this section:
161162
162163 1. "Dangerous crime against children" means any of the following that is committed against a minor who is under fifteen years of age:
163164
164165 (a) Second degree murder.
165166
166167 (b) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
167168
168169 (c) Sexual assault.
169170
170171 (d) Molestation of a child.
171172
172173 (e) Sexual conduct with a minor.
173174
174175 (f) Commercial sexual exploitation of a minor.
175176
176177 (g) Sexual exploitation of a minor.
177178
178179 (h) Child abuse as prescribed in section 13-3623, subsection A, paragraph 1.
179180
180181 (i) Kidnapping.
181182
182183 (j) Sexual abuse.
183184
184185 (k) Taking a child for the purpose of prostitution as prescribed in section 13-3206.
185186
186187 (l) Child sex trafficking as prescribed in section 13-3212.
187188
188189 (m) Involving or using minors in drug offenses.
189190
190191 (n) Continuous sexual abuse of a child.
191192
192193 (o) Attempted first degree murder.
193194
194195 (p) Sex trafficking.
195196
196197 (q) Manufacturing methamphetamine under circumstances that cause physical injury to a minor.
197198
198199 (r) Bestiality as prescribed in section 13-1411, subsection A, paragraph 2.
199200
200201 (s) Luring a minor for sexual exploitation.
201202
202203 (t) Aggravated luring a minor for sexual exploitation.
203204
204205 (u) Unlawful age misrepresentation.
205206
206207 (v) Unlawful mutilation.
207208
208209 (w) Sexual extortion as prescribed in section 13-1428.
209210
210211 2. "Predicate felony" means any felony involving child abuse pursuant to section 13-3623, subsection A, paragraph 1, a sexual offense, conduct involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or a dangerous crime against children in the first or second degree. END_STATUTE
211212
212213 Sec. 2. Section 13-3409, Arizona Revised Statutes, is amended to read:
213214
214215 START_STATUTE13-3409. Involving or using minors in drug offenses; classification
215216
216217 A. A person shall not knowingly:
217218
218219 1. Hire, employ or use a minor to engage in any conduct, completed or preparatory, that is prohibited by sections 13-3404, 13-3404.01, 13-3405, 13-3406, 13-3407 and 13-3408.
219220
220221 2. Sell, transfer or offer to sell or transfer to a minor any substance if its possession is prohibited by sections 13-3404, 13-3404.01, 13-3405, 13-3407 and 13-3408.
221222
222223 B. A person who violates this section is guilty of a class 2 felony and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection D E.
223224
224225 C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars or three times the value as determined by the court of the substance involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection. END_STATUTE
225226
226227 Sec. 3. Section 13-3560, Arizona Revised Statutes, is amended to read:
227228
228229 START_STATUTE13-3560. Aggravated luring a minor for sexual exploitation; classification; definitions
229230
230231 A. A person commits aggravated luring a minor for sexual exploitation if the person does both of the following:
231232
232233 1. Knowing the character and content of the depiction, uses an electronic communication device to transmit at least one visual depiction of material that is harmful to minors for the purpose of initiating or engaging in communication with a recipient who the person knows or has reason to know is a minor.
233234
234235 2. By means of the communication, offers or solicits sexual conduct with the minor. The offer or solicitation may occur before, contemporaneously with, after or as an integrated part of the transmission of the visual depiction.
235236
236237 B. It is not a defense to a prosecution for a violation of this section that the other person is not a minor or that the other person is a peace officer posing as a minor.
237238
238239 C. Aggravated luring a minor for sexual exploitation is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection E F.
239240
240241 D. The defense prescribed in section 13-1407, subsection E applies to a prosecution pursuant to this section.
241242
242243 E. For the purposes of this section:
243244
244245 1. "Electronic communication device" means any electronic device that is capable of transmitting visual depictions and includes any of the following:
245246
246247 (a) A computer, computer system or network as defined in section 13-2301.
247248
248249 (b) A cellular telephone or wireless telephone as defined in section 13-4801.
249250
250251 2. "Harmful to minors" has the same meaning prescribed in section 13-3501. END_STATUTE
251252
252253 Sec. 4. Section 31-412, Arizona Revised Statutes, is amended to read:
253254
254255 START_STATUTE31-412. Criteria for release on parole; release; custody of parolee; definition
255256
256257 A. If a prisoner is certified as eligible for parole pursuant to section 41-1604.09 the board of executive clemency shall authorize the release of the applicant on parole if the applicant has reached the applicant's earliest parole eligibility date pursuant to section 41-1604.09, subsection D and it appears to the board, in its sole discretion, that there is a substantial probability that the applicant will remain at liberty without violating the law and that the release is in the best interests of the state. The applicant shall thereupon be allowed to go on parole in the legal custody and under the control of the state department of corrections, until the board revokes the parole or grants an absolute discharge from parole or until the prisoner reaches the prisoner's individual earned release credit date pursuant to section 41-1604.10. When the prisoner reaches the prisoner's 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 but shall be subject to revocation under section 41-1604.10.
257258
258259 B. Notwithstanding subsection A of this section, the director of the state department of corrections may certify as eligible for parole any prisoner, regardless of the classification of the prisoner, who has reached the prisoner's parole eligibility date pursuant to section 41-1604.09, subsection D, unless an increased term has been imposed pursuant to section 41-1604.09, subsection F, for the sole purpose of parole to the custody of any other jurisdiction to serve a term of imprisonment imposed by the other jurisdiction or to stand trial on criminal charges in the other jurisdiction or for the sole purpose of parole to the custody of the state department of corrections to serve any consecutive term imposed on the prisoner. On review of an application for parole pursuant to this subsection the board may authorize parole if, in its discretion, parole appears to be in the best interests of the state.
259260
260261 C. A prisoner who is otherwise eligible for parole, who is not on home arrest or 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 parole or absolute discharge from imprisonment except by one of the following votes:
261262
262263 1. A majority affirmative vote if four or more members consider the action.
263264
264265 2. A unanimous affirmative vote if three members consider the action.
265266
266267 3. A unanimous affirmative vote if two members consider the action pursuant to section 31-401, subsection I and the chairman concurs after reviewing the information considered by the two members.
267268
268269 D. The board, as a condition of parole, shall order a prisoner to make any court-ordered restitution.
269270
270271 E. Payment of restitution by the prisoner in accordance with subsection D of this section shall be made through the clerk of the superior court in the county in which the prisoner was sentenced for the offense for which the prisoner has been imprisoned in the same manner as restitution is paid as a condition of probation. The clerk of the superior court, on request, shall make the prisoner's restitution payment history available to the board, victim, victim's attorney and department without cost.
271272
272273 F. The board shall not disclose the address of the victim or the victim's immediate family to any party without the written consent of the victim or the victim's family.
273274
274275 G. For the purposes of this section, "serious offense" includes any of the following:
275276
276277 1. 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).
277278
278279 2. 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.
279280
280281 3. 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 R S, paragraph 1 or section 13-706, subsection F, paragraph 1. END_STATUTE
281282
282283 Sec. 5. Section 41-1604.11, Arizona Revised Statutes, is amended to read:
283284
284285 START_STATUTE41-1604.11. Order for removal; purposes; duration; work furlough; notice; failure to return; classification; applicability; definition
285286
286287 A. The director of the state department of corrections may authorize the temporary removal under custody from prison or any other institution for the detention of adults under the jurisdiction of the state department of corrections of any inmate for the purpose of employing that inmate in any work directly connected with the administration, management or maintenance of the prison or institution in which the inmate is confined, for purposes of cooperating voluntarily in medical research that cannot be performed at the prison or institution, or for participating in community action activities directed toward delinquency prevention and community betterment programs. The removal shall not be for a period longer than one day.
287288
288289 B. Under specific rules established by the director for the selection of inmates, the director may also authorize furlough, temporary removal or temporary release of any inmate for compassionate leave, for the purpose of furnishing to the inmate medical treatment not available at the prison or institution, for purposes preparatory to a return to the community within ninety days of the inmate's release date or for disaster aid, including local mutual aid and state emergencies. When an inmate is temporarily removed or temporarily released for a purpose preparatory to return to the community or for compassionate leave, the director may require the inmate to reimburse the state, in whole or part, for expenses incurred by the state in connection with the temporary removal or release.
289290
290291 C. The board of executive clemency, under specific rules established for the selection of inmates, if it appears to the board, in its sole discretion, 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, may authorize the release of an inmate on work furlough if the inmate has served not less than six months of the sentence imposed by the court, is within twelve months of the inmate's parole eligibility date and has not been convicted of a sexual offense. The director shall provide information as the board requests concerning any inmate eligible for release on work furlough. The inmate shall not be released on work furlough unless the release is approved by the board.
291292
292293 D. An inmate who is otherwise eligible for work furlough pursuant to subsection C of this section, who is not on home arrest 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 work furlough except by one of the following votes:
293294
294295 1. A majority affirmative vote if four or more members of the board of executive clemency consider the action.
295296
296297 2. A unanimous affirmative vote if three members of the board of executive clemency consider the action.
297298
298299 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.
299300
300301 E. Before holding a hearing on the work furlough under consideration, 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 a work furlough was sentenced, the prosecuting attorney, the director of the arresting law enforcement agency and the victim of the offense for which the inmate is incarcerated. The notice shall state the name of the inmate requesting the work furlough, 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 submit a written report to the board expressing the victim's opinion concerning the inmate's release. No a hearing concerning work furlough shall not 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.
301302
302303 F. The board shall require that every inmate released on work furlough comply with the terms and conditions of release as the board may impose, including that the inmate be gainfully employed while on work furlough and that the inmate make restitution to the victim of the offense for which the inmate was incarcerated.
303304
304305 G. If the board finds that an inmate has failed to comply with the terms and conditions of release or that the best interests of this state would be served by revocation of an inmate's work furlough, the board may issue a warrant for retaking the inmate before the expiration of the inmate's maximum sentence. After return of the inmate, the board may revoke the inmate's work furlough after the inmate has been given an opportunity to be heard.
305306
306307 H. If the board denies the release of an inmate on work furlough or home arrest, it the board may prescribe that the inmate not be recommended again for release on work furlough or home arrest for a period of up to one year.
307308
308309 I. The director shall transmit a monthly report containing the name, date of birth, offense for which the inmate was sentenced, length of the sentence and date of admission to the state department of corrections of each inmate on work furlough or home arrest to the chairperson of the house of representatives judiciary committee or its successor committee and the chairperson of the senate judiciary committee or its successor committee. The director shall also submit a report containing this information for any inmate released on work furlough or home arrest within a jurisdiction to the county attorney, sheriff and chief of police for the jurisdiction in which the inmate is released on work furlough or home arrest.
309310
310311 J. Any inmate who knowingly fails to return from furlough, home arrest, work furlough or temporary removal or temporary release granted under this section is guilty of a class 5 felony.
311312
312313 K. At any given time if the director declares there is a shortage of beds available for inmates within the state department of corrections, the parole eligibility as set forth in sections 31-411 and 41-1604.09 may be suspended for any inmate who has served not less than six months of the sentence imposed by the court, who has not been previously convicted of a felony and who has been sentenced for a class 4, 5 or 6 felony, not involving a sexual offense, the use or exhibition of a deadly weapon or dangerous instrument or the infliction of serious physical injury pursuant to section 13-704, and the inmate shall be continuously eligible for parole, home arrest or work furlough.
313314
314315 L. Prisoners who have served at least one calendar year and who are serving a sentence for conviction of a crime committed on or after October 1, 1978, under section 13-604, 13-1406, 13-1410, 13-3406, 36-1002.01, 36-1002.02 or 36-1002.03, and who are sentenced to the custody of the state department of corrections, may be temporarily released, according to the rules of the department, at the discretion of the director, one hundred eighty calendar days prior to before expiration of the term imposed and shall remain under the control of the state department of corrections until expiration of the maximum sentence specified. If an offender released under this section or pursuant to section 31-411, subsection B violates the rules, the offender may be returned to custody and shall be classified to a parole class as provided by the rules of the department.
315316
316317 M. This section applies only to persons who commit felony offenses before January 1, 1994.
317318
318319 N. For the purposes of this section, "serious offense" means any of the following:
319320
320321 1. 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).
321322
322323 2. 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.
323324
324325 3. 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 R S, paragraph 1 or section 13-706, subsection F, paragraph 1.END_STATUTE
325326
326327 Sec. 6. Section 41-1604.13, Arizona Revised Statutes, is amended to read:
327328
328329 START_STATUTE41-1604.13. Home arrest; eligibility; victim notification; conditions; applicability; definitions
329330
330331 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:
331332
332333 1. Meets the following criteria:
333334
334335 (a) Was convicted of committing a class 4, 5 or 6 felony not involving a dangerous offense.
335336
336337 (b) Was not convicted of a sexual offense.
337338
338339 (c) Has not previously been convicted of any felony.
339340
340341 2. Violated parole by the commission of a technical violation that was not chargeable or indictable as a criminal offense.
341342
342343 3. Is eligible for work furlough.
343344
344345 4. Is eligible for parole pursuant to section 31-412, subsection A.
345346
346347 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.
347348
348349 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:
349350
350351 1. A majority affirmative vote if four or more members of the board of executive clemency consider the action.
351352
352353 2. A unanimous affirmative vote if three members of the board of executive clemency consider the action.
353354
354355 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.
355356
356357 D. Home arrest is conditioned on the following:
357358
358359 1. Active electronic monitoring surveillance for a minimum term of one year or until eligible for general parole.
359360
360361 2. Participation in gainful employment or other beneficial activities.
361362
362363 3. Submission to alcohol and drug tests as mandated.
363364
364365 4. Payment of the electronic monitoring fee in an amount determined by the board of not less than one dollar $1 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.
365366
366367 5. Remaining at the inmate's place of residence at all times except for movement out of the residence according to mandated conditions.
367368
368369 6. Adherence to any other conditions imposed by the court, board of executive clemency or supervising corrections officers.
369370
370371 7. Compliance with all other conditions of supervision.
371372
372373 8. Payment of a monthly home arrest supervision fee of at least sixty-five dollars $65 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.
373374
374375 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.
375376
376377 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 A hearing concerning home arrest may not 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.
377378
378379 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.
379380
380381 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.
381382
382383 H. The ratio of supervising corrections officers to supervisees in the home arrest program shall not be no greater than one officer for every twenty-five supervisees.
383384
384385 I. The board shall determine when the supervisee is eligible for transfer to the regular parole program pursuant to section 31-411.
385386
386387 J. This section applies only to persons who commit felony offenses before January 1, 1994.
387388
388389 K. For the purposes of this section:
389390
390391 1. "Dangerous offense" has the same meaning prescribed in section 13-105.
391392
392393 2. "Serious offense" includes any of the following:
393394
394395 (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).
395396
396397 (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.
397398
398399 (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 R S, paragraph 1 or section 13-706, subsection F, paragraph 1. END_STATUTE
399-
400- APPROVED BY THE GOVERNOR MAY 20, 2022. FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 20, 2022.
401-
402-
403-
404-
405-
406-
407-
408-APPROVED BY THE GOVERNOR MAY 20, 2022.
409-
410-
411-
412-FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 20, 2022.