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AZ HCR2038
Concurrent Resolution
Status
1/25/2012
Primary Sponsor
Tom Chabin
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AI Summary
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Proposes constitutional amendment to remove governor's power to grant commutations, transferring commutation authority exclusively to the board of executive clemency.
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Establishes board of executive clemency as sole authority to review and grant commutations for all felony offenses committed before January 1, 1994, with applications requiring documentation of victim notification.
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For offenses committed on or after January 1, 1994, board may grant commutations after hearing with victim, county attorney, and judge notification, upon finding by clear and convincing evidence that sentence is excessive and offender will conform to law.
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Restricts re-petition for commutation to five years minimum (up to ten years for certain violent crimes, or longer for murder) following board denial, with limited waivers for imminent death, execution warrant, or special court order.
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Requires state department of corrections to notify all prisoners within 30 days of effective date regarding commutation eligibility for offenses committed before January 1, 1994, and mandates board reporting to governor and publication of reasons for commutations in Arizona administrative register.
Legislative Description
Board of executive clemency; commutation
Last Action
Referred to House JUD Committee
1/26/2012