parole eligibility; life imprisonment sentences

HB2002 - 572R - I Ver

PREFILED��� NOV 17 2025

REFERENCE TITLE:
parole eligibility; life imprisonment sentences

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2002

Introduced by

Representative
Powell

AN
ACT

Repealing sections 13-716 and 13-718,
Arizona Revised Statutes; Amending sections 13-2308.01 and 41-1604.09, Arizona
Revised Statutes; RELATING to parole eligibility.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.
Repeal

Sections 13-716 and 13-718, Arizona
Revised Statutes, are repealed.

Sec. 2. Section 13-2308.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-2308.01.

Terrorism; classification

A. It is unlawful for a person to intentionally or
knowingly do any of the following:

1. Engage in an act of terrorism.

2. Organize, manage, direct, supervise or finance an
act of terrorism.

3. Solicit, incite or induce others to promote or
further an act of terrorism.

4. Without lawful authority or when exceeding lawful
authority, manufacture, sell, deliver, display, use, make accessible to others,
possess or exercise control over a weapon of mass destruction knowing or having
reason to know that the device or object involved is a weapon of mass
destruction.

5. Make property available to another, by
transaction, transportation or otherwise, knowing or having reason to know that
the property is intended to facilitate an act of terrorism.

6. Provide advice, assistance or direction in the
conduct, financing or management of an act of terrorism knowing or having
reason to know that an act of terrorism has occurred or may result by:

(a) Harboring or concealing any person or property.

(b) Warning any person of impending discovery,
apprehension, prosecution or conviction.� This subdivision does not apply to a
warning that is given in connection with an effort to bring another person into
compliance with the law.

(c) Providing any person with material support or
resources or any other means of avoiding discovery, apprehension, prosecution
or conviction.

(d) Concealing or disguising the nature, location,
source, ownership or control of material support or resources.

(e) Preventing or obstructing by means of force,
deception or intimidation anyone from performing an act that might aid in the
discovery, apprehension, prosecution or conviction of any person or that might
aid in the prevention of an act of terrorism.

(f) Suppressing by any act of concealment,
alteration or destruction any physical evidence that might aid in the
discovery, apprehension, prosecution or conviction of any person or that might
aid in the prevention of an act of terrorism.

(g) Concealing the identity of any person.

7. Provide advice, assistance or direction in the
conduct, financing or management of a terrorist organization.

B. A violation of this section is a class 2 felony.

C. A person who is convicted of a violation of this
section may be sentenced to imprisonment in the custody of the state department
of corrections for life or natural life. A defendant 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 defendant's natural life. A defendant who is
sentenced to life is not eligible for suspension of sentence, probation, pardon
or release from confinement on any basis except as specifically authorized by
section 13-716 or
section 31-233, subsection A or B
until the completion of the service of twenty-five calendar years or the
sentence is commuted. If the defendant is not sentenced to life or
natural life, the defendant shall be sentenced to a term of imprisonment as
follows:

Minimum
����������������
Presumptive
������������
Maximum

10 calendar years������ 16 calendar years������ 25 calendar
years
END_STATUTE

Sec. 3. Section 41-1604.09, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-1604.09.

Parole eligibility certification; classifications; appeal;
recertification; applicability; definition

A. The director shall develop and maintain a parole
eligibility classification system. Within the system, the director
shall establish two classes of parole eligibility, class one and class two, to
be given effect as provided for in this section, one class of parole
noneligibility for dangerous psychiatric offenders and as many other classes of
noneligibility as the director deems necessary or desirable. Each
person committed to the state department of corrections shall be classified
pursuant to the parole eligibility system established by the director.

B. The director shall establish rules pursuant to
chapter 6 of this title for the classification and certification of prisoners
for purposes of parole. Reclassification and certification shall be
based on factors related to a prisoner's record while in the custody of the
department, including work performance, compliance with all rules of the
department, progress in any appropriate training or treatment programs and the
performance of any assignments of confidence or trust. The director
shall also establish rules governing the procedures and performance standards
by which prisoners, reclassified to noneligibility classifications, may earn
eligibility classification.� Prisoners may be reclassified only pursuant to the
rules of the department. The director shall distribute a copy of all
the rules to each person committed to the department.

C. The director shall maintain two classes for
parole eligibility, class one and class two. Inclusion of an inmate
in class one shall be determined by adherence to the rules of the department
and continual willingness to volunteer for or successful participation in a
work, educational, treatment or training program established by the department,
except that a person sentenced pursuant to a statute that requires that a
person serve a mandatory minimum term shall not be placed in class one until
one-quarter of the mandatory minimum portion of the term is served and
shall not be released until the mandatory minimum portion of the term is
served. Inclusion of an inmate in class two shall be determined by
adherence to the rules of the department.

D. The director shall certify as eligible for parole
any prisoner classified within an eligible classification five months
immediately before the prisoner's earliest parole eligibility. The
inmate shall be required to remain in a parole eligible classification from the
date of certification until the date of release on parole. If the
inmate does not remain in a parole eligible classification until the date of
release on parole, the entire parole process shall be rescinded. For
the purposes of this subsection, the prisoner's earliest parole eligibility
occurs when the prisoner has served one-half of the sentence imposed
unless the prisoner is sentenced according to any provisions of law that
prohibit the release on any basis until serving not less than two-thirds
of the sentence imposed by the court, the sentence imposed by the court or any
other mandatory minimum term, in which case the prisoner must have served the
sentence required by law.

E. Every prisoner shall be entitled to a hearing
before reclassification of the prisoner to a lower class. The
hearing shall be before a person or persons designated by the director to hold
the hearings. Reasonable notice and a written statement of the
alleged violation of the rules shall be distributed to the prisoner at least
five days before the hearing. A prisoner may request a review of a
decision to reclassify the prisoner by delivering a written request to the
director.

F. Notwithstanding subsection D of this section,
placement of a prisoner in a noneligible parole class except placement in the
noneligible parole class for dangerous psychiatric offenders shall result in an
increase in the period of time the prisoner must serve before reaching the
prisoner's earliest parole eligibility date. The increase shall
equal the number of days occurring after placement in a noneligible parole
class and before the prisoner is reclassified to a parole eligible class.

G. The classification of each prisoner shall be
reviewed by the director not less than once every six months. Any
prisoner who was certified as eligible for parole and denied parole and remains
eligible for parole pursuant to subsection D of this section shall be
recertified by the director not less than one
nor
or
more than four months after the hearing at which the
prisoner was denied parole, except that the board of executive clemency in
denying parole may prescribe that the prisoner shall not be recertified for a
period of up to one year after the hearing. The board of executive
clemency may adopt rules for the recertification process and may apply specific
rules for the recertification process that applies to a prisoner who is serving
a sentence for any of the following:

1. Death in violation of section 13-1104 or 13-1105.

2. Serious physical injury if the person was
sentenced pursuant to section 13-704.

3. A dangerous crime against children as defined in
section 13-705.

4. A felony offense in violation of title 13,
chapter 14 or 35.1.

H. Immediately after the adoption of the rules
required pursuant to this section, the director shall forward a certified copy
of the rules to the legislature. The legislature may review and, by
concurrent resolution, approve, disapprove or modify the rules, except that
they shall be given full force and effect pending legislative
review. If
no
a

concurrent resolution
is
not
passed
by the legislature with respect to the rules within one year following receipt
of a certified copy of the rules, they shall be deemed to have been approved by
the legislature. If the legislature disapproves the rules or a
section of them, the director shall immediately discontinue the use of any
procedure, action or proceeding authorized or required by the rules or section
of the rules.

I. This section applies to either of the following:

1. A person who commits a felony offense before
January 1, 1994.

2. A person who is sentenced to life
imprisonment and who is eligible for parole pursuant to section 13-716 or
13-718.

2. A person who COMMITS a felony
offense on or after January 1, 1994 and who is sentenced to life imprisonment,
but not natural life.

J. Pursuant to rules adopted by the director, on
commitment to the department, each prisoner shall be placed in parole class one
beginning on the prisoner's sentence begin date.

K. For the purposes of this section, "dangerous
psychiatric offender" means an inmate who has been placed in a psychiatric
unit for psychiatric evaluation and treatment and who has been determined to
present a high risk of potential violence.
END_STATUTE