Title 31, Prisons and Prisoners
4 chapters · 124 sections in this title.
A.R.S. § 31-401 Board of executive clemency; qualifications; appointment; officers; quorum; meeting
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A. The board of executive clemency is established consisting of five members who are appointed by the governor pursuant to this subsection and section 38-211. B. The members of the board shall serve on a full-time basis and receive compensation as determined pursuant to section 3…
A.R.S. § 31-402 Powers of board; powers and duties of governor; powers and duties of executive director
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A. For all persons who committed felony offenses before January 1, 1994, the board of executive clemency shall have exclusive power to pass on and recommend reprieves, commutations, paroles and pardons. A reprieve, commutation or pardon may not be granted by the governor unless i…
A.R.S. § 31-403 Commutation; restrictions on consideration
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A. A person who is otherwise eligible for commutation and who is denied a commutation of sentence recommendation shall not petition or be considered by the board for commutation of that sentence for a period of five years following the date of the board's denial of the commutatio…
A.R.S. § 31-404 Wilful failure to pay; revocation of parole or community supervision
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If the board of executive clemency finds that a defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that a defendant has intentionally refused to make a good faith effort to obtain the monies required for the…
A.R.S. § 31-411 Parole or discharge; conditions of parole; release under supervision of state department of corrections; notice of hearing; exceptions; drug testing costs
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A. Any prisoner who has been certified as eligible for parole or absolute discharge from imprisonment pursuant to section 31-412, subsection B or section 41-1604.09 shall be given an opportunity to apply for release on parole or for an absolute discharge from imprisonment. The bo…
A.R.S. § 31-411.01 Parole or community supervision for persons previously convicted of possession or use of marijuana, a dangerous drug or a narcotic drug; treatment; prevention; education; termination of parole or community supervision
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A. Notwithstanding any law to the contrary, every prisoner who is eligible for parole or community supervision pursuant to section 41-1604.16 shall be released on parole or community supervision if in its sole discretion the board of executive clemency determines that there is a …
A.R.S. § 31-412 Criteria for release on parole; release; custody of parolee; definition
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A. If a prisoner is certified as eligible for parole pursuant to section 41-1604.09 the board of executive clemency shall authorize the release of the applicant on parole if the applicant has reached the applicant's earliest parole eligibility date pursuant to section 41-1604.09,…
A.R.S. § 31-413 Duty of department of corrections to assist in securing employment for parolees and prisoners
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The department of corrections shall assist in securing employment for prisoners paroled, on work furlough, eligible for any release from confinement or discharged. The department of corrections shall maintain a report on the conduct of the prisoners when upon parole or work furlo…
A.R.S. § 31-414 Absolute discharge of parolee; effect; notice to victim
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A. If, upon application by the state department of corrections on behalf of a prisoner on parole, it appears to the board of executive clemency that there is reasonable probability that the prisoner on parole will live and remain at liberty without violating the law, and that his…
A.R.S. § 31-415 Violation of parole or community supervision; warrant for retaking parolee or offender on community supervision
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If the parole clerk of the department of corrections or the director of the department of corrections, or the board of executive clemency or any member thereof, has reasonable cause to believe that a paroled prisoner or an offender on community supervision has violated his parole…
A.R.S. § 31-416 Execution of warrant to take paroled prisoner or offender on community supervision; expenses
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A. Any officer of the department of corrections or any officer authorized to serve criminal process within this state, to whom the warrant provided by section 31-415 is delivered, shall execute the warrant by taking the paroled prisoner or offender on community supervision and re…
A.R.S. § 31-417 Notification to board of parole violator; hearing; reimprisonment
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At the meeting held at the state prison of the board of executive clemency next following the retaking of a paroled prisoner or an offender on community supervision, the board shall be notified that the prisoner or offender has been retaken. If the paroled prisoner or offender on…
A.R.S. § 31-418 Community supervision fee; deposit; community corrections enhancement fund; drug testing costs
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A. During the period of time that the prisoner remains on community supervision, the state department of corrections shall require as a condition of community supervision that the prisoner pay a monthly supervision fee of at least sixty-five dollars unless, after determining the …
A.R.S. § 31-441 Application for pardon; statement of facts proved at trial
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When an application is made for a pardon, the board of executive clemency may require the judge of the court before whom the applicant was convicted, or the county attorney by whom the action was prosecuted, to furnish the board, without delay, a statement of facts proved on the …
A.R.S. § 31-442 Application for pardon; notice; exceptions
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A. At least ten days before the board of executive clemency acts upon an application for a pardon, written notice of intention to apply therefor, signed by the person applying, shall be served on the county attorney of the county where the applicant was convicted, and proof of th…
A.R.S. § 31-443 Power of governor to grant reprieves, commutations and pardons
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The governor, subject to any limitations provided by law, may grant reprieves, commutations and pardons, after conviction, for all offenses, except impeachment, upon conditions, restrictions and limitations he deems proper.
A.R.S. § 31-444 Power of governor to suspend sentence for treason pending consideration by legislature
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The governor may suspend execution of the sentence upon a conviction for treason until the case may be reported to the legislature at its next session, at which time the legislature may either pardon, direct execution of the sentence, or grant a further reprieve.
A.R.S. § 31-445 Publication of reasons for granting a commutation, pardon, reprieve, stay or suspension of execution
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When the governor grants a commutation, pardon, reprieve or stay or suspends execution of sentence in a case where a sentence of death is imposed, he shall, within ten days after granting the commutation, pardon, reprieve or stay or suspension of execution, cause to be published …
A.R.S. § 31-446 Report to legislature
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The governor shall at the beginning of every regular session communicate to the legislature each case of reprieve, commutation or pardon, stating the name of the prisoner, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or r…
A.R.S. § 31-467 Adoption of interstate compact for the supervision of adult offenders
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The governor is authorized and directed to enter into a compact on behalf of the state of Arizona with any of the United States lawfully joined in the compact in a form substantially as follows: ARTICLE I PURPOSE A. Arizona and the compacting states to this interstate compact rec…
A.R.S. § 31-467.01 Parole or probation violation; retaking; notice; hearing; custody pending hearing
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A. If supervision of a parolee or probationer is being administered pursuant to the interstate compact for the supervision of adult offenders, the appropriate judicial or administrative authorities in this state shall notify the compact administrator of the sending state if, in t…
A.R.S. § 31-467.02 Hearing officer
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Any hearing pursuant to this article may be before the administrator of the interstate compact for the supervision of adult offenders, a deputy of the administrator or any other person authorized pursuant to the laws of this state to hear cases of alleged parole or probation viol…
A.R.S. § 31-467.03 Hearing rights of parolee or probationer
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A. With respect to any hearing pursuant to this article, the parolee or probationer: 1. Shall have reasonable notice in writing of the nature and content of the allegations to be made, including notice that the purpose of the hearing is to determine whether there is probable caus…
A.R.S. § 31-467.04 Hearings in other states; effect
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In any case of alleged parole or probation violation by a person being supervised in another state pursuant to the interstate compact for the supervision of adult offenders, any appropriate judicial or administrative officer or agency in another state is authorized to hold a hear…
A.R.S. § 31-467.05 Extradition; retrieval
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A. At all times, duly accredited officers of a sending state may enter a receiving state and apprehend and retake any person who is on probation or parole. For that purpose no formalities are required other than establishing the authority of the officer and the identity of the pe…
A.R.S. § 31-467.06 Supervision fee; deposit; drug testing costs
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A. A person being supervised in this state pursuant to this article shall pay, as a condition of probation, community supervision or parole, a monthly supervision fee of not less than sixty-five dollars if the person is on probation, parole or community supervision or not less th…
A.R.S. § 31-467.07 Interstate compact for the supervision of adult offenders; eight-year review
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Beginning in 2022 and every eight years thereafter, the legislature shall review this state's participation in the interstate compact for supervision of adult offenders in order to determine whether to remain a compacting state. If the legislature determines that this state shoul…
A.R.S. § 31-471 Western interstate corrections compact
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The western interstate corrections compact is entered into by this state with any and all other states legally joining therein in a form substantially as follows: Western Interstate Corrections Compact ARTICLE I Purpose and Policy The party states, desiring by common action to im…
A.R.S. § 31-472 Commitment or transfer of inmate; prohibition against transfer of inmate sentenced under Arizona law to institution outside state in absence of consent; irrevocability of consent
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Any court or other agency or officer of this state having power to commit or transfer an inmate, as defined in article II(d) of the western interstate corrections compact, to any institution within or without this state if this state has entered into a contract or contracts for t…
A.R.S. § 31-473 Enforcement of compact; hearings in compliance with compact
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A. The courts, departments, agencies, and officers of this state and its subdivisions shall enforce the western interstate corrections compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions inc…
A.R.S. § 31-474 Contracts implementing state's participation in compact; prerequisite approval; authorized provisions; determination of suitability of institution and confinement
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The director of corrections may enter into such contracts on behalf of this state as may be appropriate to implement the participation of this state in the western interstate corrections compact pursuant to article III thereof. No such contract shall be of any force or effect unt…
A.R.S. § 31-475 Right of transferred prisoner on release from prison outside this state
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Every prisoner released from a prison without this state to which he has been committed or transferred from this state pursuant to the compact shall be entitled to the same benefits, including, but not limited to money and tools, as are allowed to a prisoner released from a priso…
A.R.S. § 31-481 Agreement; authorization; contents
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The agreement on detainers is entered into by this state with all other jurisdictions legally joining such agreement in the form substantially as follows: The Agreement on Detainers The contracting states solemnly agree that: Article I The party states find that charges outstandi…
A.R.S. § 31-482 Matters pertaining to agreement
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A. Every person who has been imprisoned in a prison or institution in this state and who escapes or attempts to escape while in the custody of an officer of this or another state in another state pursuant to the agreement on detainers is deemed to have violated section 13-2503 or…
A.R.S. § 31-491 Interstate corrections compact
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The interstate corrections compact is entered into by this state with any and all other states legally joining therein in the form substantially as follows: Interstate Corrections Compact Article I Purpose and Policy The party states, desiring by common action to fully utilize an…
A.R.S. § 31-492 Powers of director
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The director of the state department of corrections is authorized and directed to do all things necessary or incidental to the carrying out of the compact.