Release Types (Revised: May, 2007)

Board of Executive Clemency Releases Administrative Releases
Special Release Provisions


Board Of Executive Clemency Granted Releases

Applicable for offenses committed prior to January 1, 1994


Work furlough (A.R.S. § 41-1604.11 C) Program and Confirmation Required

Work release program for inmates who are within 12 or 14 months of  parole eligibility, based upon date of offense,  providing six months of the sentence has been served. Inmates with a date of offense prior to 9/27/90, must be within 14 months from parole eligibility date, must have served 6 months of Sentence Imposed from SBD; must have a P/I score of 2/3 or less; must have been in a parole eligible class 1 or 2 from date certified until release on Work Furlough; must not have any detainers, wants or warrants or consecutive sentences and must be certified as eligible for parole.

 

Inmates with a date of offense between 9/27/90 and12/31/93, must be within 12 months from parole eligibility date; must NOT have been convicted of a sexual offense. Inmates must have a P/I score of 2/3 or less. Cannot have P Score of 3, 4 or 5/Cannot have I score of 4 or 5.  No consecutive sentence/No detainers. (Released under Supervision)

 

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Home arrest (A.R.S § 41-1604.13) Program and Confirmation Required

An alternative release program of home incarceration for inmates who are also eligible for Emergency Parole, Regular Parole and/or Work Furlough Consideration. Must have been convicted of a felony class 4, 5 or 6 Nondangerous/No repetitive.  Inmates with a date of offense on/after 9/27/90 must NOT have been convicted of a sexual offense. No consecutive sentence/No detainers. (Released under intensive electronic supervision) Date of offense prior to 1/1/94.

 

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Emergency parole (A.R.S. § 41-1604.11 K) Program and Confirmation Required

A release for Nondangerous, first time offenders sentenced for a felony class 4, 5 or  6; for purpose of relieving overcrowding in ADC institutions.  Inmates with a date of offense on/after 9/27/90 must NOT have been convicted of a sexual offense. May be paroled to a detainer.  Is not affected by disciplinary class 3/4 time.   Immediately eligible for release, therefore no TR. (Release under Supervision.)  Date of offense prior to 1/1/94.

 

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Regular parole (A.R.S. § 41-1604.09) Program and Confirmation Required

A supervised release for which statutory eligibility is usually upon A.R.S. § 41-1604.09 completion of one-half or two-thirds of the imposed sentence; or upon completion of a mandatory minimum amount of time which is statutorily mandated. Dates of Offense Prior to 10/1/78 and between 10/1/78 and 12/31/93. (Released under Supervision)


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Absolute discharge (A.R.S. § 41-1604.09 D, A.R.S. § 31-414)

A discharge from parole or imprisonment granted by the Board of Executive Clemency which ends the inmates sentence. (An unsupervised release and the Department has no further jurisdiction)

 

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Commutation of sentence (A.R.S. § 31-443, A.R.S. § 13-603 L)

An action recommended by the Board of Executive Clemency and approved by the Governor. Inmates must be eligible by statute and must meet eligibility criteria by Board rule.  Commutation changes the penalty imposed to a less severe sentence. 

 

After January 1, 1994, if the sentencing court believes that the sentence the law requires is clearly excessive, the court may enter an order allowing the defendant to petition the Board of Executive Clemency for a commutation. 

 

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Administrative releases

Compassionate leave (A.R.S. § 31-233, A.R.S. § 41-1604.11)

An authorized temporary absence from prison for the purpose of  receiving specialized health care for verified terminal illness, attending a family members funeral, making a hospital or bedside visit to a family member with a life threatening illness or injury or preventing emotional instability when the need is justified. (Refer to Department Order #1002, Inmate Release Eligibility System.)  Escorted only.

 

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Discretionary release (A.R.S. § 31-411, A.R.S. § 41-1604.11 L) Program and Confirmation Required

A supervised release 360 days prior to the expiration of sentence for inmates with a date of offense prior to October 1, 1978. (Inmates must make application)

 

A supervised release 180 days prior to the expiration of sentence for inmates with a date of offense between October 1, 1978 and December 31, 1993 who are not eligible for Mandatory or Provisional release and serving a flat sentence pursuant to A.R.S. 13-1406, 13-1410, 13-3405, 36-1002, 36-1001, 36-1002.02 or 36 -1002.03.

 

This release is granted at the sole discretion of the Director of the Arizona Department of Corrections to inmates who exhibit positive behavior, participate in work, treatment and or training programs and who are a minimal risk to public safety, providing one calendar year has been served. (Released under Supervision).


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Mandatory release (A.R.S. § 31-411) Program and Confirmation Required

For inmates with a date of offense on/or before August 7,1985, a supervised release 180 days prior to the expiration of  Sentence providing one calendar year has been served. (Released Under Supervision). Refer to Department Order #1002, Inmate Release Eligibility System.


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Provisional release (A.R.S. § 31-411) IRE, Program and Confirmation Required

For inmates with a date of offense between August 7, 1985 and August 13, 1986, a supervised release 180 days prior to the expiration of sentence, providing one calendar year has been served.  (Released under Supervision)  Must meet criteria as outline in Department Order #1002, Inmate Release Eligibility System.

 

For inmates with a date of offense between August 13, 1986 and December 31, 1993, a supervised release 180 days prior to the earned release credit date, providing one calendar year has been served. (Released under Supervision) Must meet criteria as outlined in Department Order #1002, Inmate Release Eligibility System.


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Earned release credit date (A.R.S. § 41-1604.10, A.R.S. § 41-1604.07) IRE, Program and Confirmation Required

 

For inmates with a date of offense between August 13, 1986 and December 31, 1993, a statutory release when the release credits earned and the actual time served by the inmate (including credit for pre-sentence incarceration) equal the sentence imposed by the court. (An unsupervised release).  Must meet criteria as outlined in Department Order #1002, Inmate Release Eligibility System.

 

For inmates with a date of offense on/after January 1, 1994, a statutory release when the release credits earned and the actual time served by the inmate (including credit for presentence Incarceration) equal the sentence imposed by the court. (Released under Supervision)

 

Inmates who have reached their Earned Release Credit date shall be released to begin the term of Community Supervision imposed by the committing court - OR - Inmates, with consecutive sentences, who have reached their Earned Release Credit date shall begin serving any consecutive term imposed. (The director may authorize the rescission of the release to any consecutive term if the inmate fails to adhere to the rules of the department.)  Only exception if pending sexual violent predator review.


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Temporary release (A.R.S. § 31-233 A & B, A.R.S. § 341-1604.11 A & B) Program and Confirmation Required

A discretionary release which may be authorized by the director for up to 90 days prior to a designated release date, for purposes preparatory for return to the community. Temporary Release must be approved by Community Corrections Division. (Released under Supervision)

 

Releasees with a date of offense prior to January 1, 1994, shall remain on inmate status and continue to earn release credits while on Temporary Release.

 

Releasees with a date of offense between January 1, 1994 and July 12, 1995, shall revert to the court imposed Community Supervision time. Releasees shall remain on inmate status and continue to earn release credits while on Temporary Release.

 

Releasees with a date of offense on/after July 13, 1995, shall have the Temporary Release time added to the court imposed Community Supervision time (Community Supervision Begin Date/CSBD).  Releasees will not remain on inmate status and will not earn release credits while on Temporary Release.

 

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TR to probation ((SB1053) A.R.S. § 13-603, A.R.S. § 13-901)

 

Inmates whose Community Supervision Time has been waived due a probation term to follow imprisonment can be released ninety (90) days prior to their ERCD. If TR approved this time becomes part of the probation term. The statute became effective September 21, 2006.


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Sentence expiration (A.R.S. § 41-1604.10) Confirmation Only

For inmates with a date of offense prior to January 1, 1994, the date the inmate has completed the sentence imposed by the court.  Calculation of this date is dependent upon the offense date, the  felony conviction and release credits earned, if applicable. (An unsupervised Release.  The Department no longer has jurisdiction.)

 

Sentence expiration (A.R.S. § 41-1604.07) Program and Confirmation

 

For inmates with a date of offense on/after January 1, 1994 the date the inmate has completed the entire sentence imposed by the court without benefit of release credits earned.  Upon release the releasee begins a court imposed term of Community Supervision Released under Supervision and remains under the Supervision.  Departments jurisdiction Until the Community Supervision End Date.


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Absolute discharge

(A.R.S. § 41-1604.10 D) Confirmation Only

For inmates with a date of offense prior to January 1, 1994,  the Director shall issue an Absolute Discharge on the inmate's Earned Release Credit Date when a term of Probation equals or exceeds the final expiration date.  (An unsupervised release and the Department has no further jurisdiction.)

 

(A.R.S. § 41-1604.07 D) Confirmation Only

PROBATION IN LIEU OF COMMUNITY SUPERVISION - For inmates with a date of offense on/after January 1, 1994, if the Court sentences a person to serve a consecutive term of probation immediately after the person serves a term of imprisonment, the Court may waive community supervision and order that the person begin serving the term of probation upon the person's release from confinement. (The Department no longer has jurisdiction)  A Temporary Release will NOT be authorized.

 

(A.R.S. § 41-1604.09 D)

For inmates with a date of offense prior to January 1, 1994 upon reaching the Sentence Expiration Date may request an Absolute Discharge, pursuant to A.R.S. § 13-912.  If the inmate owes fines, fees, restitution of Victim Compensation Fund then the Discharge will not be issued until documentation is provided from the Sentencing Court that all restitution has been paid.  This is the responsibility of the releasee to provide.

 

(A.R.S. § 41-1604.06 B)

For inmates with a date of offense on/after January 1994 upon reaching the Community Supervision End Date may request Absolute Discharge, pursuant to A.R.S. § 13-912.  If the inmate owes fines, fees, restitution or Victim Compensation then the Discharge will not be issued until documentation is provided from the Sentencing Court that all restitution is paid.  This is the responsibility of the releasee to provide.

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Community supervision (A.R.S. § 41-1604.07) Program and Confirmation Required

 

For inmates with a date of offense on/after January 1, 1994, a term of community supervision imposed by the committing court which shall be served consecutively to the actual period of imprisonment.  Upon release on the Earned Release Credit Date or Sentence Expiration Date, the inmate shall serve approximately 15% of the imposed sentence under supervision.  Inmates with concurrent sentences shall serve the longest community supervision term imposed.  Inmates with consecutive sentences shall serve each community supervision term imposed consecutively upon release from ADC custody.


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Community supervision end date

For inmates with a date of offense on/after January 1, 1994, successful completion of the Community Supervision term imposed by the committing court.

Special Release Provisions

 

Parole for persons convicted of personal possession ( A.R.S. § 41-1604.16) 

This is a special release for inmates currently incarcerated who were sentenced and received into ADC prior to June 6, 1997 for personal possession or use of illegal drugs, and not serving a concurrent sentence for another crime, or previously convicted or sentenced or subject to sentencing under any habitual  criminal statute in any jurisdiction.  Inmates must meet the eligibility criteria as set forth in ARS 41-1604.16, must be first time offenders with no prior felony  convictions and must make application to the Board of Executive Clemency for release on Parole or Community Supervision Consideration.

 

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Release upon completion of sentence imposed (A.R.S. § 41-1604.16) 

 

Inmates with dates of offense on/after January 1, 1994, convicted for offenses which are considered violent crimes as defined by part I Federal Offense (Murder, Non-Negligent Manslaughter, Forcible Rape [Sexual Assault], Robbery and Aggravated Assault), must serve 85% of the sentence imposed including pre-sentence incarceration time.  Upon reaching the 85%, inmates will be eligible for a Temporary Release if they have 30 days or more to serve before reaching their ERCD . *Inmates with a date of offense on/after July 13, 1995 are not required to have 30 days or more to serve before reaching their ERCD.  (Refer to Department Order #1002, Sub-section 1002.09, 1.1)

 

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State vs. Tarango Arizona Supreme Court decision April 1996

Inmates sentenced pursuant to an offense which requires the entire sentence to be served prior to release on any basis and further enhanced by A.R.S. § 13-604 (Dangerous and Repetitive), are eligible for parole consideration after having served two-thirds of the sentence imposed and can earn release credits. 

 

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Release to deportation at one-half of sentence imposed  (A.R.S. § 41-1604.14)

 

This release is granted solely for Deportation Purposes to all Foreign Born inmates who do not have any previous felony convictions and who meet all eligible criteria set forth in Department Order 1002 and A.R.S. § 41-1604.14.  These inmates must have served one-half of the sentence imposed and must have a current United States Immigration and Naturalization Service Detainer and a current Deportation/Removal order from the United States Immigration and Naturalization Service.

 

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Crittenden vs. Lewis Arizona Supreme Court decision July 2000

 

Inmates with dates of offense between August 13, 1986 and April 30, 1991 cannot be denied an ERCD release by the Director per DMO 91-03, since the DMO did not become effective until May 1, 1991 and the decision stated this was ex post factos.

 

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Shock incarceration (A.R.S. § 41-1604.08)

 

A 120 day alternative incarceration program which is a military style program designed for youthful offenders serving a first time prison commitment.  Upon successful completion of the 120 day program, inmates will be released on an administrative monitored release from the Department. (Released under Supervision)

 

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Repealed

 

NOTE: Effective June 1, 1996, the statute allowing courts  to sentence inmates to the Shock Incarceration Program     was repealed

 

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DNA testing (A.R.S. § 13-4438)

 

Before a person is released and within 30 days after the arrival of a person who is accepted under the interstate compact for the supervision of parolees and probationers, the Department shall secure a blood sample sufficient for DNA testing and extraction from the person if the person was convicted of an offense listed in A.R.S. § 13-4438 or an attempt to commit such offense(s) and was sentenced to a term of imprisonment.  Refer to A.R.S. § 13-4438 (I) for statutes requiring DNA testing.

 

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Functional literacy (A.R.S. § 31-229.02)

 

If an inmate with a Date of Offense on/after January 1, 1994 fails to achieve functional literacy at an eighth grade literacy level before the inmate becomes eligible for release pursuant to A.R.S. §41-1604.07, the inmate is not eligible to begin the inmate’s term of community supervision until either the literacy level is met or the inmate serves the full term of imprisonment imposed by the court, whichever occurs first.  Refer to A.R.S. § 31-229.02 or Department Order #1002, Sub-section 1002.01, 1.6, for exemption criteria.

 

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Transition program: drug offenders ((SB1291)  A.R.S. §31-281 Effective 01/01/04)

 

Inmate can be released three (3) months earlier than the earliest release date if they agree to be in the program and are accepted into the program. First releases were March 29, 2004.

 

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If an inmate released under supervision is determined to be in violation of the release conditions, the release may be revoked and the inmate may be returned to prison until such time as the inmate is again authorized a subsequent release or has expired the sentence.

 

If an inmate escapes (either from an ADC facility or while on a supervised release) or absconds from supervision, upon return to custody, the length of time the inmate was on escape or abscond status will be added back to the sentence.

 

If an inmate is returned to custody for having violated a Board of Executive Clemency granted release, upon revocation of the offenders release, the Board of Executive Clemency may also revoke the inmates time spent under supervision.  Supervision time revoked by the Board will be added back to the sentence.

 

If an inmate on Community Supervision (Offense dates on/after January 1, 1994) is found in violation of the release by the Board of Executive Clemency, the Board may return the inmate to ADC custody for up to the remainder of the Community Supervision time.  The inmate would then be released on the Community Supervision End Date.

 

If an inmate who is released pursuant to A. R. S. 41-1604.14 returns illegally to the United States, upon notification from any Federal or State Law enforcement agency that the inmate is in custody, Community Corrections, Fugitive Services, shall prepare a warrant for a violation of condition of release and lodge a detainer against the inmate.  The release shall be revoked and the inmate shall not be eligible for Parole, Community Supervision or any other release from confinement until the remainder of the sentence of imprisonment is served, except pursuant to section 31-233 A or B.

 

If there are any questions concerning any of the above listed release types or questions concerning the information provided, please contact the Offender Services Bureau Time Computation Unit at (602) 542-1870.