ARIZONA STATE SENATE
Phoenix, Arizona
board of executive clemency; sunset
Continues the Board of Executive Clemency (Board) until July 1, 2004, and establishes the Joint Study Committee on the Executive Clemency Board.
Originally
called the Board of Control, the Board was established in 1901. The Board
consists of five members nominated by a committee and appointed by the
Governor. The Board’s mission is to ensure public safety by considering and
granting parole to inmates who appear to pose no threat to society and by
making recommendations to the Governor regarding clemency actions. The Board
estimates that it conducted approximately 4,500 parole hearings, 2,500 modification,
rescission or revocation hearings and 400 commutation or pardon reviews in FY
2000-2001. In addition to other statutorily mandated duties, the Board conducts
disproportionality reviews and, in accordance with Proposition 200, first-time
non-dangerous drug offender release hearings.
During the
past seven years, the number of hearings considered by the Board has
declined. This is primarily due to the
implementation of truth-in-sentencing in 1994, which only allows the Board to
consider parole for inmates who were convicted before January 1994.
Pursuant to sunset requirements, the Board is scheduled to terminate on July 1, 2002. During the 2001 interim, the Senate and House of Representatives Judiciary Committees of Reference (COR) held a public hearing for review of the Board. The COR recommended the Board be continued for ten years. H.B. 2337 continues the Board for two years and establishes a legislative study committee to examine the Board’s organizational structure, including staffing and funding issues.
There is no anticipated fiscal impact to the state general fund associated with this legislation.
1. Continues, retroactive to July 1, 2002, the Board until July 1, 2004.
2. Establishes the Joint Study Committee on the Executive Clemency Board (Committee) to review state funding of the Board, examine the make-up of the Board using best practices from other states and develop a plan for implementation of a volunteer board.
3. Prescribes the following membership of the Committee:
a) Three members of the House of Representatives appointed by the Speaker of the House of Representatives (Speaker).
b) Three members of the Senate appointed by the President of the Senate (President).
c) One member representing the Judiciary appointed by the Chief Justice of the Supreme Court.
d) One member representing the Governor’s office appointed by the Governor.
e) One county attorney from a county with a population exceeding 750,000 persons appointed by the Speaker.
f) One county attorney from a county with a population less than 750,000 persons appointed by the President.
g) One public member appointed jointly by the President and Speaker.
4. Requires staff of the Joint Legislative Budget Committee and Office of Strategic Planning and Budgeting to provide technical assistance to the Committee.
5. Requires the Committee to report its recommendations to the Governor, President and Speaker by December 31, 2002 and submit a copy of its report to the Secretary of State and the Arizona State Library, Archives and Public Records.
JUD 1/22/02 DP 9-0-0-1-0
APPROP 4/02/02 DPA 10-0-0-6
3rd Read 4/08/02 49-0-11-0
Prepared by Senate Staff
April 12, 2002