Plain English Breakdown
The official text does not include an effective date, so the timing of when this law takes effect is unknown based on the provided material.
SB1770: Juvenile Parole Eligibility and Release Presumption
This law allows people sentenced to twenty-five years or more for crimes committed before age eighteen to be eligible for parole after serving fifteen years, requires specific factors be considered at hearings, creates a presumption in favor of release unless public safety is threatened, and bans certain severe sentences like death or life without parole.
What This Bill Does
- Makes people eligible for parole if they are serving twenty-five or more years for crimes committed before age eighteen and have served at least fifteen years.
- Requires the Board of Executive Clemency to hold a parole hearing where the person must be present unless they choose not to attend.
- Lists specific factors the board must consider, such as the person's age at the time of the crime, their behavior in prison, and any history of abuse or trauma.
- States that if programs like education were denied to a prisoner because they were unavailable, the board must treat this factor as if the person completed them.
- Requires courts sentencing juveniles convicted as adults to avoid sentences of death, natural life, de facto life (twenty-five years or more), or life without parole.
- Creates a presumption in favor of releasing these individuals on parole unless there is evidence they still pose a threat to public safety.
Who It Names or Affects
- People who were under eighteen when they committed offenses and are serving sentences of twenty-five years or more.
- Courts that sentence juveniles convicted as adults in Arizona.
- The Board of Executive Clemency, which conducts parole hearings.
Terms To Know
- De facto life
- A single sentence or multiple sentences added together that total twenty-five years or more.
- Presumption of release
- The rule that a person should be released on parole unless proof shows they are still dangerous to public safety.
- Mitigating factors
- Details about the crime or the person's life, such as age or trauma history, that might make them less responsible for their actions and must be considered by the board.
Limits and Unknowns
- The bill does not specify an effective date in the provided text.
- The law applies only to people sentenced to twenty-five years or more; it does not change rules for shorter sentences.
- Courts may give a sentence lower than the minimum required by other laws, but they cannot impose specific severe penalties like death or life without parole.