Arizona 57th Legislature - First Regular Session Status: In Committee 1 D cosponsors

SB 1718 — juveniles; parole eligibility; release presumption

Last action — Senate Second Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 57th Legislature - First Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes parole eligibility and a presumption of release for juveniles sentenced to lengthy prison terms, along with specific considerations for parole hearings.

  • Section 31-419

    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.

    This addition creates a new legal framework for parole eligibility and considerations specifically for juvenile offenders.

Action History

  1. Senate Second Reading

  2. Senate First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1718?
SB 1718 is sponsored by Sally Ann Gonzales (Democrat).
What is the current status of SB 1718?
This bill died with 57th Legislature - First Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1718?
Track SB 1718 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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