HB 2857 Summary

• Allows courts to depart from mandatory prison sentences if the court finds that imposing the mandatory sentence would result in injustice to the defendant and is not necessary for public protection.

• Exceptions apply to convictions involving death or serious physical injury, offenses against minors listed in chapter 14 (with limited exception for consensual sexual conduct between teens), and offenses involving continuing criminal enterprise.

• Requires courts to state on the record the reason for departing from any mandatory prison sentence.

• Mandates the Administrative Office of the Courts submit an annual report to the Arizona Criminal Justice Commission containing defendant demographics (name, age, race, gender) for each case where a mandatory sentence was not imposed.

• May be cited as the "Arizona Judicial Discretion Act."