ARIZONA STATE SENATE
Phoenix, Arizona
FINAL
REVISED
child support; termination;
condition
(NOW: sentencing commission)
Creates the Sentencing
Commission (the Commission) for the review of Arizona’s existing sentencing
structure.
Categories of criminal
offenses are felonies, misdemeanors and petty offenses. Criminal offenses are punishable by fines
and/or imprisonment. Felonies are the
most serious type of criminal offenses and fall into six classes, with class 1
being the most serious and class 6 the least serious. Misdemeanors are less serious than felonies and fall into three
classes, with class 1 being the most serious and class 3 the least
serious.
Sentencing for felony
charges can vary substantially depending upon whether an offense is a first,
second or subsequent offense.
Additionally, sentencing for different classes varies depending whether
the offense is a drug offense, a nondangerous offense, a dangerous offense or
considered a dangerous crime against a child.
S.B. 1029 establishes the
Commission for the review of Arizona’s sentencing structure. This legislation instructs the Commission to
review all class 6 felonies and to recommend possible changes to sentencing
laws.
Any fiscal impact to the
State relates to the reimbursement of Commission member expenses.
Provisions
1. Establishes the Commission for the review of the State’s existing sentencing structure.
2. Requires the Commission to review and make recommendations concerning the following:
a)
Enactment
of laws relating to criminal offenses and sentencing.
b)
Class
6 felonies and possible reclassification of some class 6 felonies.
c)
Recommended
changes to the criminal code and any aspects of sentencing necessary to ensure
appropriate sentencing.
3. Permits the Commission to request information and data from any agency or political subdivision in the State and from judicial officers, hold hearings and fact-finding tours and perform other functions as necessary to carry out the Commission’s purpose.
4. Prescribes the following membership of the Commission:
a)
Two
members from the House of Representatives who are not members of the same
political party, appointed by the Speaker of the House of Representatives
(Speaker). One member serves as cochair.
b)
Two
members of the Senate, who are not members of the same political party,
appointed by the President of the Senate (President). One member serves as
cochair.
c)
The
Governor or the Governor’s designee.
d)
Two
superior court judges, appointed by the Chief Justice of the Supreme Court
(Chief Justice), one from a county with a population of 750,000 or more and one
from a county with a population of less than 750,000.
e)
The
Director of the Department of Public Safety or the Director’s designee.
f)
The
Director of the Department of Corrections or the Director’s designee.
g)
Two
sheriffs or sheriffs’ designees, appointed by the Speaker, one from a county
with a population of 750,000 or more and one from a county with a population of
less than 750,000.
h)
Two
chiefs of police or their designees, appointed by the President, one from a
city with a population of 250,000 or more and one from a city with a population
of less than 250,000.
i)
A
member of the academic community with a background in criminal justice or
corrections policy and appointed by the Speaker.
j)
A
director of an adult probation program appointed by the Chief Justice.
k)
A
prisoner’s advocate appointed by the President.
l)
A
victim’s advocate appointed by the President.
m)
A
prison ministry representative appointed by the Speaker.
n)
The
Attorney General or an Attorney General designee.
o)
Two
county attorneys or their designees, appointed by the Arizona Prosecuting
Attorneys’ Advisory Council (APAAC), one from a county with a population of
750,000 or more and one from a county with a population of less than 750,000.
p)
Three
criminal defense attorneys, appointed by the Arizona Attorneys for Criminal
Justice (AACJ), including a county public defender from a county with a
population of 750,000 or more, a county public defender from a county with a
population of less than 750,000 and one who is an attorney in private practice.
q)
A
municipal court judge appointed by the Chief Justice.
r)
A
city prosecutor appointed by the APAAC.
s)
A
city public defender appointed by the AACJ.
5. Requires the Commission to make records of actions taken by the Commission available to the public.
6. Requires the Commission to prepare and submit a report of the Commission’s recommendations and findings to the Governor, the President and the Speaker on or before December 31, 2003, and provide a copy to the Secretary of State and the Director of the Arizona State Library, Archives and Public Records.
7. Instructs the Legislature to provide staff and support services to the Commission.
8. Requires the Commission to meet quarterly or on the call of the cochairs.
9. Specifies that the members of the Commission are not eligible for compensation but are eligible for reimbursement of expenses.
10. Repeals the Commission on January 1, 2004.
·
Adopted
a strike-everything amendment related to the Commission.
1.
Requires
the Commission to review all class 6 felonies and consider reclassification or
repeal of some class 6 felonies.
2.
Adds
a municipal court judge, a city prosecutor and a city public defender to the
membership of the Commission.
3.
Changes
all references to 1,000,000 persons to 750,000 persons.
Final
Read 5/16/02 26-0-4-0 HS 4/9/02 DPA/SE 5-3-0-2
JUD 4/16/02 DPA/SE
7-2-0-1
3rd Read 4/25/02 49-2-9-0
Final Read 5/20/02 56-0-4-0
Signed by Governor 5/28/02
Chapter 311
Prepared by Senate Staff
June 12, 2002