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SB1319 - 572R - I Ver
REFERENCE TITLE:
sentence reductions; offenders under twenty-one
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1319
Introduced by
Senators
Ortiz: Gonzales, Kuby
AN
ACT
Amending title 13, chapter 7, Arizona
Revised Statutes, by adding section 13-722; relating to sentencing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 7, Arizona Revised
Statutes, is amended by adding section 13-722, to read:
START_STATUTE
13-722.
Sentence reduction for offenses committed by persons twenty-one
years of age and under
A. Notwithstanding any other law, the
court shall reduce a term of imprisonment imposed on a defendant who was
convicted of or adjudicated delinquent for a felony offense that was committed
on or before the defendant's twenty-first birthday and who has served at
least fifteen years or at least fifty percent of the sentence imposed if the
court finds, after considering the factors set forth in subsection B of this
section, both that:
1. the defendant is not a danger to
the safety of any person or the community.
2. The interests of justice warrant a
sentence reduction.
B. In determining whether to reduce a
term of imprisonment pursuant to subsection a of this section, the court shall
consider the following factors:
1. The defendant's age at the time of
the commission of the offense.
2. The history and characteristics of
the defendant.
3. The views of the victim.
4. Whether the defendant has
demonstrated maturity, rehabilitation and a fitness to reenter society
sufficient to justify a sentence reduction.
5. Any reports of physical, mental or
psychiatric examinations of the defendant that are conducted by licensed health
care professionals.
6. The defendant's family and
community circumstances at the time of the commission of the offense, including
any history of abuse, trauma or involvement in the child welfare system.
7. The extent of the defendant's role
in the offense and whether and to what extent another person was involved in
the offense.
8. The diminished culpability of
juveniles and persons who are twenty-one years of age and under as
compared to that of older adults, and the hallmark features of youth, including
immaturity, impetuosity and the failure to appreciate risks and consequences.
9. Any other information that the
court deems relevant.
C. A defendant who was convicted as
an adult pursuant to section 8-327 or 13-501, including a defendant
who is currently serving a term of imprisonment, may file a motion with the
sentencing court to request a sentence reduction under this section.� the
motion may include affidavits or other written material.� The sentencing court
shall hold a hearing on the motion at which the defendant and the defendant's
counsel shall be given an opportunity to speak on the defendant's
behalf. The court may allow the parties to introduce evidence and
may consider any records that are related to the underlying offense.� The court
shall state its reasons for granting or denying the application in
writing. If the court grants the application, the court shall resentence
the defendant to a reduced term of imprisonment.
D. When resentencing a defendant to a
reduced term of imprisonment PURSUANT to this SECTION, the court:
1. May impose a sentence that is less
than the minimum term otherwise prescribed by law.
2. May not impose a natural life
sentence.
E. The notice to the victim
prescribed in section 13-4409 and all other rights under the victims'
bill of rights, article II, section 2.1, Constitution of Arizona, apply to this
section.
END_STATUTE