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SB1770 - 572R - I Ver
REFERENCE TITLE:
juveniles; parole eligibility; release presumption
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1770
Introduced by
Senator
Gonzales
AN
ACT
Amending title 31, chapter 3, article 2,
Arizona Revised Statutes, by adding section 31-419; relating to parole.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 31, chapter 3, article 2,
Arizona Revised Statutes, is amended by adding section 31-419, to read:
START_STATUTE
31-419.
Juvenile offenders; parole eligibility; parole hearing;
mitigating factors; presumption of release; sentencing
A. Notwithstanding any other law, a
person who was sentenced to serve twenty-five or more years for one or more
offenses that were committed when the person was under eighteen years of age
and who has completed at least fifteen years of the sentence imposed is
eligible for parole.
B. a person who is eligible for
parole pursuant to subsection a of this section has the right to a parole
hearing regardless of whether the person is serving concurrent or consecutive
sentences for multiple offenses.
c. the person shall be PRESENT at the
parole hearing, unless the person waives the right to be present.
d. During a parole hearing, the board
of executive clemency shall take into consideration all of the following
mitigating factors:
1. The PERSON'S age at the time of
the commission of the offense.
2. If the person has reasonably
complied with the rules of the correctional facility in which the person is
confined.
3. If the person has completed any
educational, vocational, technical or other program, if available, while
confined. If any educational, vocational, technical or other
programs are not available or are denied to the person while confined, the
board of executive clemency shall weigh this factor in favor of the person as
if the person completed Any EDUCATIONAL, VOCATIONAL, technical OR OTHER
PROGRAM.
4. If the person has demonstrated
maturity, rehabilitation and a fitness to reenter society.
5. Any physical, mental or behavioral
examination of the person THAT has been conducted by a licensed health care
professional.
6. The person's family and community
circumstances at the time the offense was committed, including any history of
abuse, trauma, neglect or involvement in the child welfare system.
7. The extent of the person's role in
the commission of the offense and if and to what extent an adult or peer was
involved in the commission of the offense.
8. The diminished culpability of
juveniles as compared to that of an adult, including immaturity, impetuosity
and the inability to fully appreciate risks and the consequences of conduct.
9. Any other mitigating evidence that
the board of executive clemency deems relevant.
E. If the board of executive clemency
denies the person's release on parole:
1. The board shall state the reasons
for its denial in writing and order that the person is eligible to receive and
complete rehabilitation programming while confined.
2. The person remains eligible for
parole and is entitled to a parole hearing every year after the initial denial.
3. The board may not weigh or
consider a denial as an adverse factor at any subsequent parole hearing.
F. Subsection E of this section does
not disqualify a person from being eligible for early release or any other
remedies or relief pursuant to any other law.
g. A person who is eligible for
parole pursuant to this section is entitled to a presumption in favor of
release on parole, which may be rebutted with evidence that the person
continues to pose a threat to public safety.
H. Notwithstanding any other law,
when sentencing a juvenile who has been convicted as an adult, a court:
1. May impose a sentence that is less
than the minimum term required under law.
2. May not impose any of the
following sentences:
(
a
) Death.
(
b
) Natural
life.
(
c
) De facto
life.� For the purposes of this subdivision, "de facto life" means a
sentence or consecutive sentences that total twenty-five years or more.
(
d
) Life
without the possibility of parole or release.
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