Bill Text: AZ SB1552 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Sentence reductions; offenders under twenty-five
Spectrum: Partisan Bill (Democrat 2-0)
Status: (N/A) - [SB1552 Detail]
Download: Arizona-2025-SB1552-Introduced.html
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REFERENCE TITLE: sentence reductions; offenders under twenty-five |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1552 |
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Introduced by Senators Ortiz: Gonzales
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AN ACT
Amending title 13, chapter 7, Arizona Revised Statutes, by adding section 13-721; relating to sentencing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-721, to read:
13-721. Sentence reduction for offenses committed by persons under twenty-five years of age
A. Notwithstanding any other law, the court shall reduce a term of imprisonment imposed on a defendant who was convicted of or adjudicated delinquent for a felony offense that was committed before the defendant's twenty-fifth birthday and who has served at least fifteen years of the sentence imposed if the court finds, after considering the factors set forth in subsection B of this section, both that:
1. the defendant is not a danger to the safety of any person or the community.
2. The interests of justice warrant a sentence reduction.
B. In determining whether to reduce a term of imprisonment pursuant to subsection a of this section, the court shall consider the following factors:
1. The defendant's age at the time of the commission of the offense.
2. The history and characteristics of the defendant.
3. Whether the defendant has demonstrated maturity, rehabilitation and a fitness to reenter society sufficient to justify a sentence reduction.
4. Any reports of physical, mental or psychiatric examinations of the defendant that are conducted by licensed health care professionals.
5. The defendant's family and community circumstances at the time of the commission of the offense, including any history of abuse, trauma or involvement in the child welfare system.
6. The extent of the defendant's role in the offense and whether and to what extent another person was involved in the offense.
7. The diminished culpability of juveniles and persons who are under twenty-five years of age as compared to that of older adults, and the hallmark features of youth, including immaturity, impetuosity and the failure to appreciate risks and consequences, which counsel against sentencing the defendants to lengthy terms of imprisonment, despite the brutality or cold-blooded nature of any particular crime, and the defendant's personal circumstances that support an aging out of crime.
8. Any other information that the court deems relevant.
C. A defendant who was convicted as an adult pursuant to section 8-327 or 13-501, including a defendant who is currently serving a term of imprisonment, may file a motion with the sentencing court to request a sentence reduction under this section. the motion may include affidavits or other written material. The sentencing court shall hold a hearing on the motion at which the defendant and the defendant's counsel shall be given an opportunity to speak on the defendant's behalf. The court may allow the parties to introduce evidence and may consider any records that are related to the underlying offense. The court shall state its reasons for granting or denying the application in writing. If the court grants the application, the court shall immediately resentence the defendant to a reduced term of imprisonment.
D. When resentencing a defendant to a reduced term of imprisonment PURSUANT to this SECTION, the court:
1. May impose a sentence that is less than the minimum term otherwise prescribed by law.
2. May not impose a natural life sentence.
