View Full Version : Early Release? John Sloss Clemency Advocate? Non-Violent Crimes?
03-17-2008, 12:56 AM
I have heard that non-violent inmates are possibly eligable for a 6 month early release from their earliest release date (say that the TR is 07/01/09 they get to get out 01/01/09) Has anyone heard this too?
Does anyone know where to find DOC policy on what crimes they consider non-violent? Like a felon having a gun (mis-conduct with a weapon) is that considered non-violent?
Does the dangerous/repetitive have any bearing on non-violent or violent?
Has anyone worked with or heard of John J. Sloss and Associates consulting? I heard he used to be on the board of clemancy or the parole board and he is good at helping inmates prepare their case for home arrest.
How do I find out if my husband is elligable for home arrest, and is that even an option once sentenced?
If anyone can help me that would be awesome! I have done so much searching on line and I'm exhausted!
Here is the Arizona Revised Statute definition of a violent crime:
13-604.04. Violent crimes; allegation; definition
A. The allegation that the defendant committed a violent crime shall be charged in the indictment or information and admitted or found by the court. The court shall allow the allegation that the defendant committed a violent crime at any time before the date the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the defendant was in fact prejudiced by the untimely filing and states the reasons for these findings.
B. For the purpose of this section, "violent crime" includes any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument.
I hope this helps with one aspect of your question. Usually this code number will be in his court documents, if they are charging him with a "violent" crime.
03-17-2008, 11:06 PM
is misconduct with a deadly weapon a violent crime (possession by prohibited persons) I don't have any of his paperwork any more.
OK, the first link is to the Arizona Revised Statute on Misconduct involving a weapon (ARS 13-3102). I would think that he falls under section A and Khttp://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03102.htm&Title=13&DocType=ARS
This link is for Minors prohibited from carrying or possessing firearms (ARS 13-3111). I am not sure if that is his charge, but that is what I could find with a quick scan of the statutes.
So in skimming real quickly, I could not find that they classify this as violent, but when the courts come up with the charges and penalties, there are alot of different ARS numbers. It would be best to look up his paperwork. Depending on the county, you can look up alot of this online. Here is the link that I use....
You can actually look up quite a bit in maricopa online, but you can find more details at the courthouse.
I have heard a little about this, but I haven't heard of anyone in particular getting time off of their sentence, yet. I'm not sure if this bill has actually passed into law yet. But good luck. Let us know what you find.
Here's some more really exciting reading.....with just skimming through this it looks like he had to have sentenced before 1993 to qualify, but here is the information off of the ADC website.....
1.5 Work Furlough - Is a Board granted work release program for inmates who are within 14 and 12 months of parole eligibility. 1.5.1 Inmates with a date of offense prior to September 27, 1990, pursuant to ARS41-1604.11C, who are within 14 months before, but not within six months of, the parole eligibility date or have been certified as eligible for Emergency Parole shall be eligible for Work Furlough certification, if the inmate:
18.104.22.168 Has served a minimum of six months of the imposed sentence prior to release.
22.214.171.124 Has a Public Risk Score of 2 or less and an Institutional Risk Score of 3 or less.
126.96.36.199 Has been in an earning Class I or II status from the date of certification until released on Work Furlough.
188.8.131.52 Does not have any detainers, wants or warrants. 184.108.40.206 Has not been certified as eligible for Parole pursuant to ARS 31-411 or 31-233.
1.5.2 Inmates with a date of offense between September 27, 1990 and December 31, 1993 who are within 12 months before, but not within six months of, the parole eligibility date or have been certified as eligible for Emergency Parole shall be eligible for Work Furlough if the inmate:
220.127.116.11 Meets the eligibility criteria outlined in section 1002.06, 18.104.22.168 through 22.214.171.124. 126.96.36.199 Has not been convicted of a sexual offense.
1.5.3 Inmates shall be subject to the release conditions imposed by the statute under which they were originally sentenced. Inmates shall first serve the required time or portion of their sentence prior to being eligible for release on Work Furlough.
1.5.4 Inmates who have been found to be dangerous or repetitive offenders, pursuant to ARS 13-604, shall serve their prescribed mandatory sentence before being eligible for Work Furlough.
1.5.5 If the inmate does not remain in a parole eligible classification until the date of release, the entire Work Furlough process shall be rescinded. 1.5.6 If the inmate's Public Risk/Institutional Risk Score is reduced to a 2/3, the Central Office Classification Unit shall notify the TCU to review the inmate for Work Furlough eligibility.
1.6 Home Arrest - Is a conditional, discretionary release, requiring electronic monitoring that is granted to eligible inmates by the Board. The inmate shall be eligible for certification in conjunction with ARS 41-1604.11, Emergency (Early) Parole (K); Work Furlough (C), and/or ARS 31-412, Parole (A), except that inmates convicted of sexual offenses shall only be eligible in conjunction with parole. 1.6.1 An inmate whose date of offense is prior to September 27, 1990, who does not have detainers or warrants and meets the following criteria shall be eligible for Home Arrest, provided the inmate has:
188.8.131.52 Been certified as eligible for Emergency Parole based on the criteria as outlined in section 1002.06, 184.108.40.206 through 1.4.2.
220.127.116.11 Served one year of the sentence imposed. 18.104.22.168 Violated parole only by the commission of a technical violation that was not chargeable or indictable as a criminal offense.
1.6.2 An inmate whose date of offense is between September 27, 1990 and December 31, 1993, who has served not less than six months of the imposed sentence, does not have any consecutive sentences, detainers or warrants and who meets the criteria outlined in section 1002.06, 22.214.171.124 through 126.96.36.199, shall be eligible for Home Arrest. 1.6.3 An inmate eligible for Work Furlough is also eligible for Home Arrest.
1.6.4 An inmate eligible for Parole pursuant to ARS 31-412A is also eligible for Home Arrest.
Now this is what your husband might qualify for....I believe his COIII has to apply for it with his release packet.
1002.09 CRITERIA FOR ADMINISTRATIVE RELEASE
1.1 Temporary Release - Inmates who are statutorily eligible pursuant to ARS 31-233 A or B or 41-1604.11 A or B, may be authorized by the Director for a supervised discretionary release for up to 90 days prior to a designated release, for purposes preparatory to a return to the community. The designated release date, which may include the projection of release credits/good time to be earned, shall be the ERCD, SED or the Parole, Work Furlough, Home Arrest, Mandatory Release (MR), Provisional Release (PR), Absolute Discharge or Community Supervision Date.
1.1.1 All inmates in an institution, private prison or Correctional Release Center who have been granted a release or Absolute Discharge by the Board, or who are eligible for an Administrative Release may be considered for a Temporary Release (TR) under the following criteria:
188.8.131.52 A date of offense on/after January 1, 1994 through July 12, 1995 (pursuant to Truth-in-Sentencing statutes), conviction of a Part I Violent Crime (see DEFINITIONS), until approximately 85% of the sentence imposed by the courts has been served, including credit for presentence incarceration, and 30 days or more of the sentence remains to be served before their ERCD.
184.108.40.206.1 Inmates with a date of offense on or after July 13, 1995 are not required to have 30 days to serve prior to release on an ERCD to be considered for a TR.
220.127.116.11 The inmate does not have a conviction for a sex offense and/or is not required to register as a sex offender by law.
18.104.22.168 The inmate's current Public Risk Score is three or below.
22.214.171.124 The inmate's current Institutional Risk Score is four or below. Under exceptional circumstances, inmates with an Institutional Risk Score of four may be considered and approved for a TR by the Assistant Director for Community Corrections. 126.96.36.199 Inmates who have had a previous revocation of release on the current commitment shall not be eligible for consideration of a TR.
1.1.2 Those offenders who are reverting from Home Arrest or Work Furlough to a Provisional or Mandatory release date shall be considered for a TR, unless their background includes a conviction for a sex offense.
1.1.3 Inmates with an offense date on/after January 1, 1994, (sentenced pursuant to Truth-in-Sentencing statutes) whose period of community supervision has been waived by the sentencing court and a term of probation imposed to begin immediately after the term of imprisonment shall not be eligible for a TR.
1.1.4 The Community Corrections Division may grant inmates who meet criteria pursuant to section 1002.09, 1.1.1 and 1.1.2 a TR to USINS or U.S. Marshal detainer. 188.8.131.52 Inmates whose release date falls on a weekend, holiday, or holiday weekend and who are not eligible for a TR may be released to a detainer on the Friday preceding the weekend or the day preceding a holiday, only upon the Community Corrections Division's approval and authorization.
1.1.5 Institution staff shall document the TR eligibility date on the Pre-release Information Sheet, Form 1001-2P, and include a notation if the inmate was convicted of a violent crime.
1.1.6 A release packet shall not be sent to the Community Supervision Bureau if the inmate does not meet eligibility requirements, as outlined in sections 1002.09, 1.1 through 1.1.3 and 1002.06, 1.1 through 184.108.40.206. This shall include inmates who have had their term of community supervision waived by the court. 1.1.7 The granting of a TR by the Department is a privilege, not a right of the inmate/offender. Final authorization for a TR shall be determined at the sole discretion of the Assistant Director for Community Corrections, contingent upon TCU verification of statutory eligibility.
220.127.116.11 In determining whether a TR is in the best interests of public protection and the State of Arizona, the Assistant Director for Community Corrections may consider the following information in deciding whether to grant or deny a TR for eligible inmates:
18.104.22.168.1 The inmate’s criminal history record, to include arrests (example: police and pre-sentence investigation reports, rap sheet, etc).
22.214.171.124.2 The inmate’s disciplinary history while in prison.
126.96.36.199.3 Any public input, to include responses to notification letters sent by the Department and/or Board to judges, prosecutors, victims and law enforcement agencies.
188.8.131.52.4 Other available information, which may affect public protection (example: any evidence of gang affiliations, past supervision revocations or convictions of a new offense while under supervision). 184.108.40.206.5 Federally mandated criteria.
1.1.8 The following criteria shall be met before release:
220.127.116.11 Inmates shall have an approved placement prior to being released on a TR. 18.104.22.168 Inmates who are out to court when they meet their TR eligibility date shall be returned to Department custody prior to being released on a TR.
1.1.9 The Warden or designee, at his/her sole discretion, retains the right to rescind an approved TR prior to the release of any inmate. The Warden or designee shall notify the Community Corrections Division if a TR is rescinded.
1.1.10 Inmates on TR status shall:
22.214.171.124 Be entitled to earn release credits, provided the inmate’s date of offense is prior to July 13, 1995. These credits shall be subject to forfeiture.
126.96.36.199 Be supervised by staff assigned to the Community Corrections Division. 188.8.131.52 Remain in the State of Arizona unless the Department has obtained permission from another state that is party to an Interstate Compact for the supervision of parolees and probationers. The Director or designee may determine that the issuance of such travel permit for supervision purposes is in the best interest of the inmate and of the public.
1.1.11 Inmates on TR who violate the terms of their release or the conditions of supervision may be returned to Department custody.
03-22-2008, 05:03 PM
he wasn't charged with 32-604.4 I checked out all the paperwork but her was charged with a drug offence I see this on the DOC web site:
Is this an additional 6 months from his current earliest release date (TR)??
He totally qualifies for this!!!!!
ARIZONA DEPARTMENT OF CORRECTIONS
This Director's Instruction is effective immediately and supersedes DI 219 dated September 1, 2006.
PURPOSE: This instruction provides the criteria and procedure for the release of inmates eligible for transition services in accordance with ARS 31-281.
1.0 CRITERIA: Inmate must meet all of the following criteria for consideration:
1.1 Current or prior conviction for Title 13, Chapter 34 crime listed in Attachment A: Section A.
1.2 As outlined in Attachment A: Section B: No current or prior conviction for any of the following offenses:
1.2.1 A Sex Offense, per Title 13, Chapter 14
1.2.2 Arson Offense, Title 13, Chapter 17
1.2.3 Any offense involving death or physical injury or the use of a deadly weapon or dangerous instrument, ARS 13-604.04.
1.3 Not have any felony detainers.
1.4 Inmate agrees to participate and to provide specific information after release.
1.5 Meet literacy standards as required by ARS 31-229.02.
1.6 The inmate is low risk to the community and has a nonviolent risk level as indicated by the Community Risk Assessment Level. The Community Risk Assessment Level shall be 3 or lower for both general risk and violence risk, as documented on AIMS.
1.7 The inmate must make satisfactory progress on the inmates individualized corrections plan:
1.7.1 No Refusal or Removal (for poor behavior) from a major or self-improvement program.
184.108.40.206 This criteria is negated if the inmate subsequently completes a program(s) that the inmate previously refused or was removed from.
1.7.2 No Unsatisfactory work or program ratings within six months of application.
1.8 The inmate shall maintain civil behavior during the current incarceration as evidenced by the inmates disciplinary history. Inmates will be deemed ineligible if found guilty of:
1.8.1 Any major or minor violation at any time during the current incarceration for any of the violation charges outlined in Attachment A: Section C.
1.8.2 Any major violation not listed in Attachment A: Section C within 12 months of the date of application.
1.8.3 A minor violation written within six months of the application.
1.9 If the inmate is pending a hearing for a discipline violation at the time of application, final adjudication of the rule violation is required prior to participation in the Transition Services Program.
1.10 If an inmate receives a write-up for a violation of disciplinary rules, the release will be postponed until final adjudication of the rule violation.
1.11 Medium custody or below.
1.12 Release placement is within the State of Arizona.
1.13 The inmate is not homeless at the time of release.
1.14 Be current on restitution payments pursuant to ARS 31-254.
1.15 Have a need and ability to benefit from the program.
1.16 Inmates who meet all other eligibility requirements but do not have a pre-approved placement, may participate in the transition program in prison, but will not qualify for an early transition release if homeless at the time of release.
2.1 The CO IIIs shall run a Tentative Release list nine months prior to the inmates Community Supervision Begin Date (CSBD).
2.1.1 The CO IIIs shall screen the inmates in accordance with these instructions utilizing Attachment B, Transition Program Application.
2.2 The CO IIIs shall complete the application and ensure the inmate accepts and signs the application.
2.3 For inmates who meet criteria of this instruction, unit staff shall submit the application for those inmates who have been determined eligible along with a release packet to Community Corrections six months prior to the inmate's CSBD.
2.4 If aninmate is accepted into the Transition Program, Community Corrections will advise the respective Records Managers via e-mail or fax of the approved inmate's name, number and the type of service the inmate is approved to receive and document the AIMS screens DT08 (03) and DI83.
2.4.1 The AIMS screen, DI14 (b) shall be documented by the records staff to reflect eligibility and approval and action taken in 2.4 and 2.5 or ineligibility and the reasons.
2.5 The Complex OIU will request release confirmation in accordance with existing policy, and advise Community Corrections of confirmed Transition Program releases.
2.6 An inmate may be released from prison to participate in this program only if all victims of all current offenses have been provided notice and an opportunity to be heard. An inmate may be released only if a victim does not object to the inmate's early release. The Department shall provide notice to a victim who has provided a current address or other contact information. The notice shall inform the victim of the opportunity to be heard on the early release. Any objection to the inmate's early release must be made within 20 days after the department has mailed the notice to the victim.
3.0 GENERAL INFORMATION:
3.1 All inmates who are earning less than two dollars per hour, with the exception of those convicted of a violation of title 28, chapter 4 shall have their accounts deducted by 5 percent.
3.2 Transition services include but are not limited to:
3.2.1 In-prison programming through seminars (or substance abuse education/relapse prevention)
3.2.2 In-prison pre-release case management
3.2.3 Community based case management
3.2.4 Mentoring if available in prison and/or in the community
3.2.5 Community seminars
3.2.6 Released inmates are on inmate status for the purpose of earned release credit accrual until their CSBD.
3.2.7 Released inmates will be supervised by a Community Corrections Officer.
A: Ineligible Offenses and Major/Minor Disciplinary Rule Violations
B: Transition Program Application temporary use
Drug Offenders-Transition Program Release, DI-219, Attachment A
Arizona Revised Statute, Title 13, Chapter 34 Drug Offenses (include but are not limited to)
Reference Section 1.0 Criteria, subsection 1.1
Possession and sale of peyote
Possession and sale of a vapor-releasing substance containing a toxic substance; regulation of sale; exceptions
Nitrous oxide containers; sale to minors
Selling or giving nitrous oxide to underage person; illegally obtaining nitrous oxide containers by underage person
Sale of precursor or regulated chemicals; report; exemptions; violation
Possession or sale of precursor chemicals, regulated chemicals, substances or equipment; exceptions
Possession, use, production, sale or transportation of marijuana
Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs
Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs
Manufacturing methamphetamine under circumstances that cause physical injury to a minor
Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs · Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone; violation
· Involving or using minors in drug offenses
· Possession, manufacture, delivery and advertisement of drug paraphernalia
· Use of wire communication or electronic communication in drug related transactions
· Using building for sale or manufacture of dangerous or narcotic drugs
· Manufacture or distribution of imitation controlled substance; prohibited acts
· Manufacture or distribution of imitation prescription-only drug; prohibited acts
· Possession or possession with intent to use imitation controlled substance; violation
· Possession or possession with intent to use an imitation prescription-only drug; violation
· Possession or possession with intent to use an imitation over-the-counter drug; violation
· Manufacture of certain substances and drugs by certain means; prohibited acts
Ineligible Offenses (include but are not limited to)
(Reference Section 1.0 Criteria, subsection 1.2)
Public sexual indecency; public sexual indecency to a minor
Sexual conduct with a minor
Sexual assault of a spouse
Molestation of a child
Continuous sexual abuse of a child
Sexual misconduct; behavioral health professionals
Unlawful sexual conduct; correctional employees; persons in custody
Sexual offense; evidence of similar crimes
Sexually oriented businesses; hours of operation
Violent sexual assault; natural life sentence
Arson of a structure or property
Arson of an occupied structure
Arson of an occupied jail or prison facility
Burning of wild lands Offense involving death or physical injury or the use of a deadly weapon or dangerous instruments:
Second degree murder
First degree murder
Dangerous crimes against children
Dangerous or deadly assault by prisoner or juvenile
Drive by shooting
Discharging a firearm at a structure
Misconduct involving weapons or dangerous instrument
Unlawful discharge of firearms
Child or vulnerable adult abuse; emotional abuse
Accidents involving death or personal injuries; failure to stop
Ineligible Major or Minor Disciplinary Rule Violations
(Reference Section 1.0 Criteria, Subsection 1.8.1)
Taking a Hostage
Intentionally Causing the Death or Great Bodily Injury of Another; Person
Assault or Battery with a Deadly Weapon or any Assault on Staff
Escape, Aiding Escape or Preventing the Discovery of an Escape
Negligence or Carelessness Causing Death or Great Bodily Injury
Assault, Battery or Striking any Person with any Weapon or Object, etc.
Possession or Manufacture of Dangerous Contraband · Threatening any Person with Bodily Harm
Tampering with any Security or Safety Equipment
Violating or Attempting to Violate any of the Laws of Arizona or the U.S.A.
Throwing or Projecting an Item at Another Person
Inciting or Participating in a Riot, Disturbance, Demonstration or Work Stoppage
Extortion or Intimidation
Engaging in any Sexual Act, Including Indecent Exposure, etc.
Giving or Offering a Bribe or Anything of Value to any Staff Member, etc.
ARIZONA DEPARTMENT OF CORRECTIONS
Transition Program Application
Inmate Name (Last, First, M.I.)
INMATE MAY NOT BE HOMELESS AT TIME OF RELEASE
Current or Prior Conviction for Drug Offense Pursuant to Title 13, Chapter 34 Crime
Medium Custody or Below
Prior Conviction for Violent Offense
Prior Conviction for Sex Offense, Arson, Homicide
Yes No NCIC/ACIC: Date Completed ______________________
Interstate Compact Release
Meets or is Exempted from Literacy Standards
Refused or Removed from a Major or Self-Improvement Program for poor behavior (refer to section 1.7.11)
Unsatisfactory Work or Program Ratings within last 6 Months
Major or Minor Violations During Current Incarceration (see list)
Any Other Major Violation During the Past 12 Months
Any Other Minor Violation During the Past 6 Months
Meets Risk Assessment Level Criteria
*Inmate agrees to provide information upon release if accepted into a Transition Program
Staff Verification Completed by (please print name and sign)
You never mentioned a drug offense....is that what he is in for, or the mis-conduct with a weapon. This is a drug offense early release program. If he is in on a drug offense, I would print this up and send it to your man to bring to his COIII's attention. I obviously don't know the details, but they might use this part as an excuse to make him ineligible: "Misconduct involving weapons or dangerous instrument ". Who knows...it's always worth a try!! Let us know what you find out.
03-22-2008, 08:29 PM
He's in for both... his friend had a gun in the glove box and he has a few previous felonies. And he had MJ on him. I did a lot of research last week and misconduct involving a deadly weapon is only when it's considered a "violent crime" that makes him inelligiable he wasn't charged with the ARS 13-604.4 on any of his sentences. I just wonder how I can find out if it's 180 days from the already early 90 day TR that he gets....WOW that would be so nice if that were the case. His release date is 5/2010, that would get him home November 2009!! Only 20 more months left instead of 26. Two years seems like forever...but I waited for him for 3.5 a couple of years ago so it's like "here we go again" I hope he's done with this...I know I sure am!!
Did you look up the Arizona Revised Statute on this....does it list the same stuff?? I havent taken the time to look specifically, but I could give you the link. The best bet though, is for him to see his COIII about it. They are the ones that have to apply for it.
I sure hope he is done with it too. Good Luck!!
03-22-2008, 09:14 PM
Yep I just looked it all up just now. He would still be OK since the misconduct of a deadly weapon was not classified as a "violent" crime persuant to 13-604.4 that is the only ARS code the DOC and the ARS reference when refering to this program. If he had used the gun in a violent way he then would have been charged with the 13.604.4 but since it was just a "prohibited person" violation he's still OK. Well, I'm going to talk to his COIII, although, my husband says he's an idiot. His COIII will change 4 or 5 times probably but this will need to be submitted in about 10 months from now. Thanks for all your help, I just needed to get all the research done so I can use that as ammo when they start pulling the "he's not elligiable" crap. Thanks to the internet we really don't need to hire lawyers anymore huh! I printed all this up for him and sent it to him yeaterday, knowing DOC they will probably not give it to him, and throw it away! Let's pray he can read it and talk to his COIII.
I've sent stuff that I printed online to my boyfriend and they allowed it, no problem. I wish you the best on getting your husband out and keeping him clean.