juveniles; hearing; sentence reduction

SB1802 - 572R - I Ver

REFERENCE TITLE:
juveniles; hearing; sentence reduction

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1802

Introduced by

Senators
Gonzales: Alston, Miranda, Sundareshan

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 under
eighteen years of age; sentence reduction hearing

A. Notwithstanding any other law, the
court shall reduce a term of imprisonment imposed on a defendant who was
sentenced to serve more than twenty-five years for one or more offenses that
were committed when the defendant was under eighteen years of age and who has
completed at least _________ years of the sentence imposed unless after a
hearing the court finds that the defendant is a threat to public safety.� The
court shall determine the length of the sentence reduction after considering the
factors set forth in subsection C of this section. The defendant is
eligible for a hearing pursuant to this subsection regardless of whether the
defendant is serving concurrent or consecutive sentences for multiple offenses.

B. A defendant who is eligible for a
sentence reduction pursuant to subsection A of this section shall file a notice
of intent to file a motion for a resentencing hearing with the SENTENCING
court. The court shall conduct a hearing on the motion within ninety
days after receiving the motion.� On request of the defendant, The court shall
appoint an attorney to represent the defendant at the hearing. It is
presumed that the defendant shall receive a sentence reduction unless the court
determines that the defendant poses a threat to public safety based on the
evidence presented at the hearing.� The state shall provide notice of the
hearing to the victim or the victim's representative.� The defendant has the
right to be present at all hearings related to the resentencing hearing.�

C. When DETERMINING whether the
defendant is a threat to public SAFETY and the length of the sentence
reduction, the court shall consider the following mitigating factors:

1. The defendant's age at the time of
the commission of the offense.

2. The nature of the offense and the
history and characteristics of the defendant.

3. Whether the defendant has
reasonably complied with the rules of the correctional facility in which the
defendant is incarcerated.

4. Whether the defendant has
completed an educational or vocational program or any other program while
imprisoned. If an educational or vocational program or other programs were not
available or have been denied to the defendant while imprisoned, the court
shall weigh this factor in favor of the defendant as if the defendant completed
an available educational or vocational program or any other
program.

5. Whether the defendant has
demonstrated maturity, rehabilitation and a fitness to reenter society.

6. Any reports of physical, mental or
psychiatric examinations of the defendant that are conducted by licensed health
care professionals.

7. The defendant's family and
community circumstances at the time of the commission of the offense, including
any history of abuse, trauma, neglect or involvement in the child welfare
system.

8. The extent of the defendant's role
in the commission of the offense and whether and to what extent an adult or
peer was involved in the commission of the offense.

9. The diminished culpability of a
juvenile as compared to that of an adult, including immaturity, impetuosity and
the inability to fully appreciate risks and consequences.

10. Any other mitigating evidence
that the court deems relevant.

D. The court shall issue a ruling
within thirty days after the resentencing hearing. the court shall
state its reasons for granting or denying the motion for sentence reduction in
writing and THE weight given to each factor listed in subsection C of this
section.� If the court denies the motion, the court may order the correctional
facility to provide educational programming to the defendant while the
defendant is incarcerated, and the denial may not be weighed as an adverse
factor at any subsequent judicial hearing or board of executive clemency
hearing.� the defendant may not file a second or subsequent motion pursuant to
this section for at least two years from the date that the notice of intent to
file a motion for a resentencing hearing was filed.� If the court grants the
motion, the court shall immediately resentence the defendant to a reduced term
of imprisonment.� The court may not resentence the defendant to an indefinite
term of imprisonment or to natural life.� The court may impose a sentence that
is less than the minimum term that is otherwise prescribed by law.��

E. Before releasing the defendant
from imprisonment, the court may require the correctional facility to enroll
the defendant in, and allow the defendant to complete, any of the following:

1. Prerelease programming.

2. Alcohol and substance abuse
treatment.

3. A general education development
program or other education, literacy or job skills program.

4. A reentry program.

F. 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
release or a sentence reduction pursuant to this section is entitled to a
presumption in favor of release on community supervision, which may be rebutted
with evidence that the person continues to pose a threat to public safety.

END_STATUTE