This bill proposes to amend Arizona Revised Statutes by adding a new section, 13-721, which would grant courts the discretion to depart from mandatory prison sentences under specific circumstances. Currently, mandatory prison sentences are strictly enforced without room for judicial discretion. The new provisions would allow a court to impose a shorter prison sentence or suspend the sentence in favor of probation if it finds that doing so would prevent injustice to the defendant and is not necessary for public protection.

However, the bill specifies that this discretion does not apply to certain serious offenses, including those involving death or serious injury, offenses against minors under specific conditions, and those involving a continuing criminal enterprise. Additionally, the court would be required to document its reasons for departing from the mandatory sentence, and the administrative office of the courts would need to report annually on cases where such departures occur. This act would be known as the "Arizona Judicial Discretion Act."

Statutes affected:
Introduced Version: 13-721