Blackman’s Earned Release Credit Legislation Wins Bipartisan Support

arizona capitol

PHOENIX – A bill, HB2713, aimed at saving taxpayer money and assisting nonviolent criminals has earned bipartisan support. The legislation, according to sponsored by Arizona State Rep. Walt Blackman, is “a smart approach to incremental criminal justice reform.”

HB2713 would allow nonviolent state inmates to earn additional credits toward an earlier release from prison to community supervision if they complete drug treatment or major self-improvement programs or are actively participating in certain work programs.

Blackman’s bill is supported by a bipartisan coalition of legislators, including Representatives Andrade (D-29), Biasiucci (R-5), Bolding (D-27), Bolick (R-20), Burges (R-1), Cano (D-3), Carroll (R-22), Fillmore (R-16), Alma Hernandez (D-3), John (R-4), Pawlik (D-17), Rodriguez (D-27), Shah (D-24), Sierra (D-19), Stahl Hamilton (D-10), Toma (R-22), and Wilmeth (R-15), and Senator Engel (D-10).

“This is not a partisan issue or a red or blue issue – this is an Arizona issue, and a smart approach to incremental criminal justice reform,” said Blackman. “Expanding earned credits opportunities for nonviolent inmates will save Arizona taxpayers millions of dollars which can be reinvested into critical programing, reentry and community supervision programming, or other important needs in the state. There is a real need for Arizona to prioritize public safety, and the best way to do that is smart criminal justice reform that is targeted at reducing crime and recidivism. This approach will incentivize inmates to truly rehabilitate themselves by offering credits for completion of programs that will equip them with the tools and skills necessary to lead a productive life.”

Blackman argues that allowing inmates to earn credits toward an earlier release is a proven policy used in many states. Yet, says Blackman, Arizona is one of only three states that require nonviolent offenders to serve at least 85% of their sentences before becoming eligible for release to supervision, with the exception of drug possession offenders.

HB 2713 would:

● Allow drug offenders to earn an additional 5 days for every 6 days (total of 50%), and
allow other nonviolent offenders to earn an additional 2 days for every 6 days (total of 33%), for successfully completing meaningful programming or having actively participated in a qualified work program for at least 6 months. (Total percentages include the 15% that they are eligible to earn under current law). These credits would also apply to
the current population who meet the qualifications under the bill.

● Not change the sentences of qualified inmates who earn additional earned release credits; those inmates would instead serve a larger percentage of their sentences under community supervision and would still be under correctional control rather than taking up valuable bed space within the Department of Corrections.

● Require the Department to make a functional literacy determination and, if necessary,
provide the programming and standardized assessment test while ensuring that inmates are not held past their eligible release dates.

● Allow the Corrections Director to declare all or a portion of release credits earned by a prisoner to be forfeited for failure to adhere to the rules of the Department.

● Clarify when an inmate may apply for restoration of credits after a certain amount of time has passed.

● Require additional victim notification of the inmate’s earliest release date.

● Add reporting requirements to better track the success of the additional credits.

It is estimated that at least 16,000 individuals convicted of a drug or other nonviolent offense could be eligible to earn additional release credits under the changes proposed in HB 2713. Any individual serving a sentence for a serious offense, a violent or aggravated felony, or a dangerous crime against children would not qualify for any additional earned release credits under this bill.

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