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Old 01-28-2019, 06:24 AM
Kjz1234 Kjz1234 is offline
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From AFSC facebbok:

Happy Sunday, friends! It's been reported to us that Middle Ground Prison Reform is confusing and misinterpreting the language and intent of #HB2270 and potentially undercutting its progress in the Arizona legislature.

We worked with several licensed, practicing members of the Arizona Bar as well as national experts from FWD.us and FAMM to ensure that the language of HB2270 is correct. We also worked with Steve Primack at Legislative Counsel.

The Earned Release Credit applies specifically to a person’s time in prison (ARS 41-1604.07) – and not to required community supervision (ARS 13-603). Currently, if a person doesn't get in trouble in prison, they must serve 85% of the sentence handed down from the court in prison, and the remaining 15% can be served under community supervision. In other words, everyone serves 100% of their time – 85% of their time MUST be served in prison, and up to 15% may be served on community supervision (still under the control of the Department of Corrections).

HB2270 allows people to reduce the time they serve in prison. The 15% community supervision remains the same. We felt this was important in terms of ensuring that individuals are given some transition programming and assistance with reentry.

Example:
5-year sentence
5 (years) X 365 (days) = 1,825 days to serve

1. If the offense was charged as a “Dangerous” offense under 13-704, that person would:
- Have the opportunity to earn up to 347 days off their sentence (19%)
- Serve 1,204 days in prison (66%)
- Serve 274 days on community supervision (15%)

2. For all other offenses (EXCEPT those under 13-705, flat-time, or life sentences), the person would:
- Have the opportunity to earn up to 639 days off their time in prison (35%)
- serve 913 days in prison (50%)
- serve 273 under community supervision (15%)

Regarding retroactivity, it is our understanding that this would be applied retroactively, and we specifically told legislative counsel that that was the intent. If, for some reason, additional language needs to be inserted into the bill, be assured that we will pursue this in committee.

Finally, if anyone has any questions or concerns, please contact AFSC-AZ directly (afscarizona@gmail.com), so as not to contribute to confusion or misinformation among legislators or the public. We are happy to answer questions and discuss the benefits of HB2270!
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