This bill proposes to amend the 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, this discretion would not apply to certain serious offenses, including those involving death or serious injury, offenses against minors, or those involving a continuing criminal enterprise.

Additionally, the bill mandates that courts must provide a recorded explanation whenever they choose to depart from a mandatory prison sentence. It also requires the administrative office of the courts to compile and submit an annual report to the Arizona criminal justice commission detailing demographic information about defendants in cases where a departure from the mandatory sentence occurred. This act would be officially titled the "Arizona Judicial Discretion Act."

Statutes affected:
Introduced Version: 13-721