Advocates hope this the year for nonviolent offenders sentencing reform bill
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Advocates are hoping this is the year they'll get legislative approval for a sentencing reform bill that would grant some inmates early release in exchange for electronic monitoring and home confinement.
Why it matters: Arizona has some of the harshest sentencing in the U.S., and is one of the few states that still has a 1990s "truth in sentencing" law, which requires most inmates to serve at least 85% of their sentences.
State of play: Under a bill sponsored by Sen. Kevin Payne (R-Peoria), inmates convicted of some offenses would be eligible for early release from prison if they've served at least one year of their sentences and are within 18 months of release.
- Inmates who get early release would be subject to home confinement, electronic monitoring and work requirements.
- Only people convicted of certain crimes, including burglary, trespassing, theft, forgery, fraud and some felony drug offenses would be eligible.
- It wouldn't be open to people convicted of serious offenses like violent crimes or crimes against children.
Zoom in: The bill has bipartisan support, passing the Senate Judiciary and Elections Committee 5-1, with Sen. Theresa Hatathlie (D-Coal Mine) opposing it for now over funding questions.
- Law enforcement organizations like the Fraternal Order of Police have opposed similar bills in previous years, but none have registered opposition to Payne's proposal.
- Payne added the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) told him they have no issues.
- John Fabricius, executive director of the criminal justice reform group Praxis Initiative, and former GOP lawmaker Steve Kaiser, who sponsored similar legislation in past years, said they made changes to previous versions to alleviate opposition, such as lowering the number of program participants that corrections officers supervise, phasing in the rollout and giving ADCRR more latitude in implementing the program.
What they're saying: "It creates an off-ramp for people leaving incarceration," Kaiser told the committee.
Yes, but: An identical bill died in the House after Judiciary Committee chair Rep. Quang Nguyen (R-Prescott) refused a hearing before a key legislative deadline last week.
The intrigue: Nguyen told Axios that he didn't necessarily halt the House bill out of opposition. The committee only has the capacity to hear so much legislation, he said, noting that he shelved five of his own bills.
- He noted that he's an advocate of tough-on-crime policies and generally favors making people serve full sentences.
- But if Payne's bill comes over from the Senate and goes to his committee, Nguyen said they might be able to work out concessions that would entice him to give it a hearing.
- Nguyen said he likes to be specific about which crimes would be eligible and opposes early release for drug crimes.
What we're watching: Supporters are awaiting an analysis from legislative budget staff.
- Budget staff estimated a similar bill in 2024 would have reduced the state's prison population by more than 3,600 by the end of the first year of full implementation in summer 2026.
- At the time, the prison population was nearly 35,000.
What's next: Payne said he hopes the bill will go to the full Senate by the end of next week.