A.R.S. tit. 31 ch. 3 — Arizona Revised Statutes Title 31 Chapter 3 — Executive Clemency

31-401. Board of executive clemency; qualifications; appointment; officers; quorum; meeting A. The board of executive clemency is established consisting of five members who are appointed by the governor pursuant to this subsection and section 38-211. B. The members of the board shall serve on a full-time basis and receive compensation as determined pursuant to section 38-611, subsection A. Beginning from and after December 31, 2013, members of the board are eligible for any benefits that are provided to state employees pursuant to section 38-651. Each member shall be appointed on the basis of broad professional or educational qualifications and experience and shall have demonstrated an interest in the state's correctional program. No more than two members from the same professional discipline shall be members of the board at the same time. C. Each member appointed to the board shall complete a four-week course relating to the duties and activities of the board. The course shall be designed and administered by the chairman of the board and shall be conducted by the office of the board of executive clemency and the office of the attorney general. The course shall include training in all statutes that pertain to the board and participation in a decision making workshop. D. Members shall be appointed for a term of five years to expire on the third Monday in January of the appropriate year. E. A member of the board may be removed by the governor for cause. F. The governor shall select a member of the board as chairman. The chairman shall select other officers as are advisable. The term of the chairman is two years, except that the chairman may be removed as chairman at the pleasure of the governor. If a board member's term expires while the member is serving as chairman, the chair shall be deemed vacant and a new chairman shall be selected. G. The board may adopt rules, not inconsistent with law, as it deems proper for the conduct of its business. The board may from time to time amend or change the rules and publish and distribute the rules as provided by the administrative procedures act. H. The board shall meet at least once a month at the state prison and at other times or places as the board deems necessary. I. The presence of three members of the board constitutes a quorum, except that the chairman may designate that the presence of two members of the board constitutes a quorum. J. If two members of the board constitute a quorum pursuant to subsection I of this section and the two members do not concur on the action under consideration, the chairman of the board, if the chairman is not one of the members who constituted the quorum and after reviewing the information considered by the two members, shall cast the deciding vote. If the chairman of the board is one of the two members constituting a quorum at a hearing under subsection I of this section, and there is not concurrence on the action under consideration, the action fails. K. The board shall employ an executive director whose compensation shall be determined pursuant to section 38-611. The executive director serves at the pleasure of the board and reports to the board through the chairman of the board. 31-402. Powers of board; powers and duties of governor; powers and duties of executive director A. For all persons who committed felony offenses before January 1, 1994, the board of executive clemency shall have exclusive power to pass on and recommend reprieves, commutations, paroles and pardons. A reprieve, commutation or pardon may not be granted by the governor unless it has first been recommended by the board. B. For all persons who committed felony offenses before January 1, 1994, all applications for reprieves, commutations and pardons made to the governor shall be at once transmitted to the chairperson of the board, and the board shall return the applications with its recommendation to the governor. All applications for reprieves, commutations and pardons made to the governor shall include documentation that the victim or the victim's family was notified pursuant to section 31-411, subsection H. C. For all persons who committed felony offenses on or after January 1, 1994, in addition to the powers and duties prescribed in subsection A of this section, the board of executive clemency: 1. Is vested with the powers and duties of the board of pardons and paroles as they existed before January 1, 1994 to carry out articles 3, 4.1, 5, 6 and 7 of this chapter. 2. After a hearing for which the victim, county attorney and presiding judge are given notice and an opportunity to be heard, may make recommendations to the governor for commutation of sentence after finding by clear and convincing evidence that the sentence imposed is clearly excessive given the nature of the offense and the record of the offender and that there is a substantial probability that when released the offender will conform the offender's conduct to the requirements of the law. 3. Shall receive petitions from individuals for whom the court has entered a special order allowing the person to petition the board pursuant to section 13-603, subsection L and may make recommendations to the governor. 4. Shall receive petitions from individuals, organizations or the department for review and commutation of sentences and pardoning of offenders in extraordinary cases and may make recommendations to the governor. 5. Shall receive petitions from the state department of corrections alleging that an offender has violated the offender's terms and conditions of community supervision and has lapsed or is probably about to lapse into criminal ways or company. If the board determines that an offender on community supervision has violated the terms and conditions of community supervision the board may do any of the following: (a) If the offender has not committed an additional offense, place the offender on electronic monitoring. (b) Revoke community supervision and return the offender to prison for the remainder of the offender's community supervision. (c) Impose additional terms and conditions on the offender while keeping the offender on community supervision. If there is reasonable cause to believe that an offender who has been kept on community supervision has violated any term or condition of community supervision, any member of the board may petition the board to revoke community supervision. After a petition to revoke has been submitted, the chairperson may issue a summons directing the offender to appear on a specified date for a revocation hearing or may issue a warrant for the offender's arrest. This subsection does not limit the state department of corrections' authority with respect to submitting revocation petitions or issuing revocation warrants. D. Any recommendation for commutation that is made unanimously by the members present and voting and that is not acted on by the governor within ninety days after the board submits its recommendation to the governor automatically becomes effective. E. The executive director shall perform all administrative, operational and financial functions for the board. F. The executive director may employ case analysts as deemed necessary within the limits of legislative appropriation and subject to title 41, chapter 4, article 4. The analysts shall aid the board in making investigations, in securing information and in performing necessary administrative functions to assist the board in passing on applications for parole and commutation. G. The executive director may employ hearing officers as deemed necessary within the limits of legislative appropriation and subject to title 41, chapter 4, article 4. The hearing officers shall conduct probable cause hearings on parole, work furlough, community supervision and home arrest revocations or rescissions. Hearing officers shall assist the board in making investigations, securing information and performing necessary administrative functions. 31-403. Commutation; restrictions on consideration A. A person who is otherwise eligible for commutation and who is denied a commutation of sentence recommendation shall not petition or be considered by the board for commutation of that sentence for a period of five years following the date of the board's denial of the commutation recommendation if the offense for which the commutation recommendation was denied involved any of the following: 1. Death in violation of section 13-1104 or 13-1105. 2. Serious physical injury if the person was sentenced pursuant to section 13-704. 3. A dangerous crime against children as defined in section 13-705. 4. A felony offense in violation of title 13, chapter 14 or 35.1. B. Notwithstanding subsection A, paragraph 2 of this section, if, in its sole discretion, the board determines that the person committed an offense that involved serious physical injury as defined in section 13-105 and that the person was not sentenced pursuant to section 13-704, the board may order that the person shall not petition or be considered by the board for commutation of that sentence for a period of five years following the date of the board's denial of the commutation recommendation. C. Notwithstanding subsection A or B of this section, the board, at the time of denial, may lengthen the five year period of time prescribed in subsection A or B of this section to a period of up to ten years, except that if the offense for which commutation was denied involved a violation of an offense listed in subsection A, paragraph 1 of this section, the board may lengthen the period of time to a period of time that is greater than ten years and that is specified by the board by one of the following votes: 1. A majority affirmative vote if four or more members consider the action. 2. A unanimous affirmative vote if three members consider the action. 3. A unanimous affirmative vote if two members consider the action pursuant to section 31-401, subsection I and the chairman concurs after reviewing the information considered by the two members. If the chairman is one of the two members constituting a two member quorum under section 31-401, subsection I, and both the chairman and the other member vote to lengthen the five year period to a period of time greater than ten years, no further action shall be taken and the decision on whether to lengthen the five year period shall be considered by the board at a meeting at which at least three members are present and voting. D. The board may waive the provisions of subsections A, B and C of this section if any of the following applies: 1. The person is in imminent danger of death due to a medical condition, as determined by the board. 2. The person is the subject of a warrant of execution. 3. The sentence for which commutation is sought is the subject of a special order issued by the court pursuant to section 13-603, subsection L. E. This section applies only to offenses that are committed on or after January 1, 2006. 31-404. Wilful failure to pay; revocation of parole or community supervision If the board of executive clemency finds that a defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that a defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the board may revoke the defendant's parole or community supervision and return the defendant to prison pursuant to law. 31-411. Parole or discharge; conditions of parole; release under supervision of state department of corrections; notice of hearing; exceptions; drug testing costs A. Any prisoner who has been certified as eligible for parole or absolute discharge from imprisonment pursuant to section 31-412, subsection B or section 41-1604.09 shall be given an opportunity to apply for release on parole or for an absolute discharge from imprisonment. The board of executive clemency shall not entertain any other form of application or petition for the release on parole or absolute discharge from imprisonment of any prisoner. B. A prisoner who is eligible for parole or absolute discharge from imprisonment shall be given an opportunity to be heard either before a hearing officer designated by the board or the board itself, at the discretion of the board. C. If the hearing is heard by a hearing officer, the hearing officer shall make a recommendation on application for parole or absolute discharge from imprisonment to the board within thirty days after the hearing date. Within thirty days after the date of the hearing officer's recommendations, the board shall review these recommendations and either approve, with or without conditions, or reject the prisoner's application for parole or absolute discharge from imprisonment. A prisoner who is eligible for parole or absolute discharge from imprisonment shall not be denied parole or absolute discharge from imprisonment without an opportunity to be heard before the board unless another form of release has been granted. D. If parole is granted, the prisoner shall remain on parole unless the board revokes the parole or grants an absolute discharge from parole or until the prisoner reaches the individual earned release credit date pursuant to section 41-1604.10. If the prisoner violates a condition of parole but has not committed an additional offense, the board may place the prisoner on electronic monitoring. If the prisoner is still on parole on reaching the individual earned release credit date pursuant to section 41-1604.10, the prisoner shall be terminated from parole but shall be subject to revocation under section 41-1604.10. When the prisoner reaches the individual earned release credit date the prisoner's parole shall be terminated and the prisoner shall no longer be under the authority of the board. E. During the period of time that the prisoner remains on supervised parole under subsection D of this section, the board shall require as a condition of parole that the prisoner pay a monthly supervision fee of at least $65 unless, after determining the inability of the prisoner to pay the fee, the board requires payment of a lesser amount. The supervising parole officer shall monitor the collection of the fee. The board may also impose any conditions of parole it deems appropriate in order to ensure that the best interests of the prisoner and the citizens of this state are served. These conditions may include: 1. Participating in a rehabilitation program or counseling. 2. Performing community restitution work. F. Seventy percent of the monies collected pursuant to subsection E of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the victim compensation and assistance fund established by section 41-2407 and thirty percent shall be deposited in the community corrections enhancement fund established by section 31-418. G. When parole or absolute discharge from imprisonment is denied, the board, within ten days, shall prepare and deliver to the director of the state department of corrections a written statement specifying the individualized reasons for the denial of parole or absolute discharge from imprisonment unless another form of release has been granted. The prisoner may view the written statement prepared by the board. Every prisoner, having served not less than one year may be temporarily released according to the rules of the department one hundred eighty days before the expiration of the sentence or the earned release credit date, whichever first occurs, if the director finds that the release is in the best interest of the state. The releasee shall remain under the control of the state department of corrections until expiration of the term specified in the sentence. If the releasee violates any condition of release, the releasee may be returned to custody without further process. H. When a commutation, absolute discharge from imprisonment or parole is to be considered, the board, on request and before holding a hearing on the commutation, absolute discharge from imprisonment or parole, shall notify the attorney general, the presiding judge of the superior court, the county attorney in the county in which the prisoner requesting a commutation, absolute discharge from imprisonment or parole was sentenced, and the victim of the offense for which the prisoner is incarcerated. The notice to the victim shall be mailed to the last known address. The notice shall state the name of the prisoner requesting the commutation, absolute discharge from imprisonment or parole and shall set the month of hearing on the application. The notice to the victim shall also inform the victim of the victim's right to be present and to submit a written report to the board expressing the victim's opinion concerning the release of the prisoner. A hearing concerning commutations, absolute discharge from imprisonment or parole may not be held until fifteen days after the date of giving the notice. On mailing the notice, the board shall file a hard copy of the notice as evidence that notification was sent. I. The provisions of this section requiring notice to the officials named in subsection H of this section shall not apply: 1. When there is imminent danger of the death of the person convicted or imprisoned. 2. When the term of imprisonment of the applicant is within two hundred ten days of expiration. J. In addition to any other fees, the board may require as a condition of parole that the prisoner pay the reasonable costs associated with the prisoner's participation in a drug testing program. The prisoner's costs shall not exceed the department's cost for the program. The monies collected pursuant to this subsection by the department may only be used to offset the costs of the drug testing program. 31-411.01. Parole or community supervision for persons previously convicted of possession or use of marijuana, a dangerous drug or a narcotic drug; treatment; prevention; education; termination of parole or community supervision A. Notwithstanding any law to the contrary, every prisoner who is eligible for parole or community supervision pursuant to section 41-1604.16 shall be released on parole or community supervision if in its sole discretion the board of executive clemency determines that there is a substantial probability that the prisoner will remain at liberty without violating the law and the release is in the best interests of the people of this state. If a prisoner is denied release on parole or community supervision, the prisoner is not entitled to a rehearing under this section. B. If a prisoner is released on parole or community supervision pursuant to this section, the board of executive clemency shall order that as a condition of parole or community supervision the person: 1. Be required to participate in an appropriate drug treatment or education program that is administered by a qualified agency, organization or individual approved by the department of health services and that provides the treatment or education to persons who abuse controlled substances. Each person who is enrolled in a drug treatment or education program shall pay for the costs of participation in the program to the extent of the person's financial ability. 2. On the request of the victim, be prohibited from contacting the victim. C. A prisoner who is released on parole or community supervision pursuant to this section shall remain on parole or community supervision until the prisoner reaches the earned release credit date pursuant to section 41-1604.10 or the community supervision expiration date pursuant to section 41-1604.07. A prisoner who is on earned release credit release pursuant to section 41-1604.10 is not under the control of the state department of corrections and the department is not required to provide parole services or to otherwise supervise any prisoner released except that the department may revoke the release of the prisoner until the final expiration of the prisoner's sentence if the department believes that the released prisoner has engaged in criminal conduct during the term of the prisoner's release. D. The board of executive clemency may revoke the prisoner's release if the prisoner violates the conditions of supervision that are imposed by the board or the state department of corrections. 31-412. Criteria for release on parole; release; custody of parolee; definition A. If a prisoner is certified as eligible for parole pursuant to section 41-1604.09 the board of executive clemency shall authorize the release of the applicant on parole if the applicant has reached the applicant's earliest parole eligibility date pursuant to section 41-1604.09, subsection D and it appears to the board, in its sole discretion, that there is a substantial probability that the applicant will remain at liberty without violating the law and that the release is in the best interests of the state. The applicant shall thereupon be allowed to go on parole in the legal custody and under the control of the state department of corrections, until the board revokes the parole or grants an absolute discharge from parole or until the prisoner reaches the prisoner's individual earned release credit date pursuant to section 41-1604.10. When the prisoner reaches the prisoner's individual earned release credit date the prisoner's parole shall be terminated and the prisoner shall no longer be under the authority of the board but shall be subject to revocation under section 41-1604.10. B. Notwithstanding subsection A of this section, the director of the state department of corrections may certify as eligible for parole any prisoner, regardless of the classification of the prisoner, who has reached the prisoner's parole eligibility date pursuant to section 41-1604.09, subsection D, unless an increased term has been imposed pursuant to section 41-1604.09, subsection F, for the sole purpose of parole to the custody of any other jurisdiction to serve a term of imprisonment imposed by the other jurisdiction or to stand trial on criminal charges in the other jurisdiction or for the sole purpose of parole to the custody of the state department of corrections to serve any consecutive term imposed on the prisoner. On review of an application for parole pursuant to this subsection the board may authorize parole if, in its discretion, parole appears to be in the best interests of the state. C. A prisoner who is otherwise eligible for parole, who is not on home arrest or work furlough and who is currently serving a sentence for a conviction of a serious offense or conspiracy to commit or attempt to commit a serious offense shall not be granted parole or absolute discharge from imprisonment except by one of the following votes: 1. A majority affirmative vote if four or more members consider the action. 2. A unanimous affirmative vote if three members consider the action. 3. A unanimous affirmative vote if two members consider the action pursuant to section 31-401, subsection I and the chairman concurs after reviewing the information considered by the two members. D. The board, as a condition of parole, shall order a prisoner to make any court-ordered restitution. E. Payment of restitution by the prisoner in accordance with subsection D of this section shall be made through the clerk of the superior court in the county in which the prisoner was sentenced for the offense for which the prisoner has been imprisoned in the same manner as restitution is paid as a condition of probation. The clerk of the superior court, on request, shall make the prisoner's restitution payment history available to the board, victim, victim's attorney and department without cost. F. The board shall not disclose the address of the victim or the victim's immediate family to any party without the written consent of the victim or the victim's family. G. For the purposes of this section, "serious offense" includes any of the following: 1. A serious offense as defined in section 13-706, subsection F, paragraph 1, subdivision (a), (b), (c), (d), (e), (g), (h), (i), (j) or (k). 2. A dangerous crime against children as defined in section 13-705. The citation of section 13-705 is not a necessary element for a serious offense designation. 3. A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13-705, subsection T, paragraph 1 or section 13-706, subsection F, paragraph 1. 31-413. Duty of department of corrections to assist in securing employment for parolees and prisoners The department of corrections shall assist in securing employment for prisoners paroled, on work furlough, eligible for any release from confinement or discharged. The department of corrections shall maintain a report on the conduct of the prisoners when upon parole or work furlough and shall make such reports available to the board of pardons and paroles upon request. 31-414. Absolute discharge of parolee; effect; notice to victim A. If, upon application by the state department of corrections on behalf of a prisoner on parole, it appears to the board of executive clemency that there is reasonable probability that the prisoner on parole will live and remain at liberty without violating the law, and that his absolute discharge from parole is compatible with the welfare of society and is in the best interest of the state, then the board may authorize the absolute discharge of the prisoner from parole. On notification of the board's decision, the director of the state department of corrections shall issue to the prisoner an absolute discharge from parole which shall be effective to discharge the parolee from the sentence imposed. B. At least fifteen days before holding a hearing on the absolute discharge from parole of a parolee, the board on request shall notify the victim of the offense for which the parolee was incarcerated and inform the victim of his right to be present and to submit a written report to the board expressing his opinion concerning the absolute discharge of the parolee. The notice shall state the name of the parolee, the offense for which the parolee was sentenced, the length of the sentence and the date of admission to the custody of the state department of corrections. 31-415. Violation of parole or community supervision; warrant for retaking parolee or offender on community supervision If the parole clerk of the department of corrections or the director of the department of corrections, or the board of executive clemency or any member thereof, has reasonable cause to believe that a paroled prisoner or an offender on community supervision has violated his parole or community supervision and has lapsed or is probably about to lapse into criminal ways or company, then any of such persons may issue a warrant for retaking the prisoner or offender at any time prior to expiration of the maximum sentence or term of community supervision, which time shall be specified in the warrant. 31-416. Execution of warrant to take paroled prisoner or offender on community supervision; expenses A. Any officer of the department of corrections or any officer authorized to serve criminal process within this state, to whom the warrant provided by section 31-415 is delivered, shall execute the warrant by taking the paroled prisoner or offender on community supervision and returning him to the prison, within the time specified in the warrant. B. The officer, whether an officer of the department of corrections or otherwise, shall be entitled to reimbursement for reasonable expenses incurred in retaking and transporting the prisoner from the place of arrest to the prison, and such expenses shall be paid from funds standing to the credit of the paroled prisoner, if any, otherwise from funds of the department of corrections. 31-417. Notification to board of parole violator; hearing; reimprisonment At the meeting held at the state prison of the board of executive clemency next following the retaking of a paroled prisoner or an offender on community supervision, the board shall be notified that the prisoner or offender has been retaken. If the paroled prisoner or offender on community supervision has been returned to the prison, the paroled prisoner shall be given an opportunity to appear before the board, and the board may after an opportunity has been given, or in case the prisoner has not yet been returned, declare the parolee or offender on community supervision delinquent. The prisoner may be thereafter imprisoned in the prison for a period equal to the prisoner's unexpired maximum term of sentence at the time the parole was granted, unless sooner released or discharged. 31-418. Community supervision fee; deposit; community corrections enhancement fund; drug testing costs A. During the period of time that the prisoner remains on community supervision, the state department of corrections shall require as a condition of community supervision that the prisoner pay a monthly supervision fee of at least sixty-five dollars unless, after determining the inability of the prisoner to pay the fee, the department requires payment of a lesser amount. The supervising community supervision officer shall monitor the collection of the fee. B. Seventy per cent of the monies collected pursuant to subsection A of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the victim compensation and assistance fund established by section 41-2407 and thirty per cent shall be deposited in the community corrections enhancement fund established by this section. C. The community corrections enhancement fund is established consisting of monies received pursuant to subsection B of this section, sections 31-411, 31-467.06 and 41-1604.08 and section 41-1604.13, subsection D, paragraph 8. The department shall administer the fund and use fund monies to pay for costs related to community corrections. D. In addition to any other fees, the department may require as a condition of community supervision that the prisoner pay the reasonable costs associated with the prisoner's participation in a drug testing program. The prisoner's costs shall not exceed the department's cost for the program. The monies collected pursuant to this subsection by the department may only be used to offset the costs of the drug testing program. 31-441. Application for pardon; statement of facts proved at trial When an application is made for a pardon, the board of executive clemency may require the judge of the court before whom the applicant was convicted, or the county attorney by whom the action was prosecuted, to furnish the board, without delay, a statement of facts proved on the trial and any other facts having reference to the propriety of granting or refusing the pardon. 31-442. Application for pardon; notice; exceptions A. At least ten days before the board of executive clemency acts upon an application for a pardon, written notice of intention to apply therefor, signed by the person applying, shall be served on the county attorney of the county where the applicant was convicted, and proof of the service must be presented to the board by affidavit. Unless dispensed with by the governor, a copy of the notice shall also be published for thirty days from the first publication, in a paper in the county in which the conviction was had. B. The provisions of this section shall not apply: 1. When there is imminent danger of the death of the person convicted or imprisoned. 2. When the term of imprisonment of the applicant is within ten days of expiration. 31-443. Power of governor to grant reprieves, commutations and pardons The governor, subject to any limitations provided by law, may grant reprieves, commutations and pardons, after conviction, for all offenses, except impeachment, upon conditions, restrictions and limitations he deems proper. 31-444. Power of governor to suspend sentence for treason pending consideration by legislature The governor may suspend execution of the sentence upon a conviction for treason until the case may be reported to the legislature at its next session, at which time the legislature may either pardon, direct execution of the sentence, or grant a further reprieve. 31-445. Publication of reasons for granting a commutation, pardon, reprieve, stay or suspension of execution When the governor grants a commutation, pardon, reprieve or stay or suspends execution of sentence in a case where a sentence of death is imposed, he shall, within ten days after granting the commutation, pardon, reprieve or stay or suspension of execution, cause to be published in bold type, in a newspaper of general circulation, published in the county where the conviction was had, and shall file with the secretary of state for publication in the Arizona administrative register, a statement setting forth his reasons for granting the commutation, pardon, reprieve or for staying or suspending such execution. A further reprieve shall not be granted except upon the same procedure. 31-446. Report to legislature The governor shall at the beginning of every regular session communicate to the legislature each case of reprieve, commutation or pardon, stating the name of the prisoner, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve and the reasons for granting it. 31-467. Adoption of interstate compact for the supervision of adult offenders The governor is authorized and directed to enter into a compact on behalf of the state of Arizona with any of the United States lawfully joined in the compact in a form substantially as follows: ARTICLE I PURPOSE A. Arizona and the compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the crime control act, 4 United States Code section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. B. It is the purpose of this compact and the interstate commission created under this compact, through means of joint and cooperative action among the compacting states, to do all of the following: 1. Provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community. 2. Provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states. 3. Equitably distribute the costs, benefits and obligations of the compact among the compacting states. C. In addition, this compact will do all of the following: 1. Create an interstate commission that will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies that will promulgate rules to achieve the purpose of this compact. 2. Ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines. 3. Establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators. 4. Monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance. 5. Coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. D. The compacting states recognize that there is no right of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated under this compact. E. Compacting states recognize no offender may live in another state when acceptance criteria that has been established or adopted by the compacting state has not been met. It is the policy of the compacting states that the activities conducted by the interstate commission created in this compact are the formation of public policies and are therefore public business. ARTICLE II DEFINITIONS As used in this compact, unless the context otherwise requires: 1. "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law. 2. "Bylaws" means those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct. 3. "Commissioner" means the voting representative of each compacting state appointed pursuant to article IV of this compact. 4. "Compact administrator" means the director of the Arizona department of corrections, who is responsible for the administration and management of Arizona's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact. 5. "Compacting state" means any state that has enacted the enabling legislation for this compact. 6. "Interstate commission" means the interstate commission for adult offender supervision established by this compact. 7. "Member" means the commissioner of a compacting state or the commissioner's designee, who shall be a person officially connected with the commissioner. 8. "Noncompacting state" means any state that has not enacted the enabling legislation for this compact. 9. "Offender" means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies. 10. "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private. 11. "Rules" means acts of the interstate commission, duly promulgated pursuant to article VIII of this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states. 12. "State" means a state of the United States, the District of Columbia and any other territorial possessions of the United States. 13. "State council" means the resident members of the state council for interstate adult offender supervision created by each state under article IV of this compact. ARTICLE III THE COMPACT COMMISSION A. This compact creates the interstate commission for adult offender supervision. The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth in the compact, including the power to sue and be sued, and additional powers conferred on it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state. In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. The noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the interstate commission shall be ex officio, nonvoting members. The interstate commission may provide in its bylaws for any additional, ex officio, nonvoting members it deems necessary. B. Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, on the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. C. The interstate commission shall establish an executive committee that includes commission officers, members and others that are determined by the bylaws. The executive committee may act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rule making or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff, administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the interstate commission and performs other duties as directed by the commission or set forth in the bylaws. ARTICLE IV THE STATE COUNCIL A. Arizona shall create a state council for interstate adult offender supervision that is responsible for the appointment of the commissioner who shall serve on the interstate commission from Arizona. The commissioner shall be the compact administrator or designee. B. The membership of the state council shall include one legislator who is appointed by the speaker of the house of representatives, one legislator who is appointed by the president of the senate, one victim's advocate who is appointed by the governor, the deputy compact administrator of the state department of corrections who is appointed by the director of the state department of corrections, the deputy compact administrator of the administrative office of the courts who is appointed by the director of the administrative office of the courts, one judge who is appointed by the chief justice of the supreme court, one sheriff who is appointed by the Arizona sheriff's association and any other members determined by the state council. C. The state council shall exercise oversight and advocacy concerning Arizona's participation in interstate commission activities and other duties as determined by the council's members including the development of policy concerning operations and procedures of the compact within Arizona. ARTICLE V POWERS AND DUTIES OF THE INTERSTATE COMMISSION The interstate commission shall have the following powers and duties: 1. To adopt a seal and suitable bylaws governing the management and operation of the interstate commission. 2. To promulgate rules and take action consistent with this compact. 3. To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the interstate commission. 4. To enforce compliance with compact provisions, interstate commission rules and bylaws, using all necessary and proper means, including judicial process. 5. To establish and maintain offices. 6. To purchase and maintain insurance and bonds. 7. To borrow, accept or contract for services of personnel, including members and members' staffs. 8. To establish and appoint committees and hire staff it deems necessary to carry out its functions, including an executive committee as required by article III that may act on behalf of the interstate commission in carrying out its powers and duties under this compact. 9. To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel. 10. To accept any and all donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of them. 11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed. 12. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed. 13. To establish a budget and make expenditures and levy dues as provided in article X of this compact. 14. To sue and be sued. 15. To provide for dispute resolution among compacting states. 16. To perform functions necessary or appropriate to achieve the purposes of this compact. 17. To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. The reports shall also include any recommendations that may have been adopted by the interstate commission. 18. To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity. 19. To establish uniform standards for the reporting, collecting and exchanging of data. ARTICLE VI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION A. The interstate commission shall, by a majority vote of the members, within twelve months of the first interstate commission meeting, adopt bylaws to govern its conduct necessary or appropriate to carry out the purposes of the compact, including: 1. Establishing the fiscal year of the interstate commission. 2. Establishing an executive committee and other necessary committees. 3. Providing reasonable standards and procedures: (a) For the establishment of committees, and (b) Governing any general or specific delegation of any authority or function of the interstate commission. 4. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each meeting. 5. Establishing the titles and responsibilities of the officers of the interstate commission. 6. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission. 7. Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that exist on the termination of the compact after paying or reserving all of its debts and obligations. 8. Providing transition rules for start up administration of the compact. 9. Establishing standards and procedures for compliance and technical assistance in carrying out the compact. B. The interstate commission shall, by a majority vote of the members, elect from among its members a chairperson and a vice-chairperson, each of whom shall have the powers and duties specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission. The officers elected shall serve without compensation or remuneration from the interstate commission. Subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission. The interstate commission, through its executive committee, shall appoint or retain an executive director for such period, on terms and conditions and for compensation the interstate commission deems appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise other staff authorized by the interstate commission, but shall not be a member. C. The interstate commission shall maintain its corporate books and records in accordance with the bylaws. D. The members, officers, executive director and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities. This subsection shall not be construed to protect any person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any person. The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of the person. The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of the person. ARTICLE VII ACTIVITIES OF THE INTERSTATE COMMISSION A. The interstate commission shall meet and take actions consistent with the provisions of this compact. B. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, the act must be taken at a meeting of the interstate commission and must receive an affirmative vote of a majority of the members present. C. Each member of the interstate commission has the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication, is subject to the same quorum requirements of meetings at which members are present in person. D. The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, on the request of a majority of the members, shall call additional meetings. E. The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating the rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. F. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the government in the sunshine act (5 United States Code section 552b). The interstate commission and any of its committees may close a meeting to the public if it determines by two-thirds vote that an open meeting would be likely to: 1. Relate solely to the interstate commission's internal personnel practices and procedures. 2. Disclose matters specifically exempted from disclosure by statute. 3. Disclose trade secrets or commercial or financial information that is privileged or confidential. 4. Involve accusing any person of a crime, or formally censuring any person. 5. Disclose information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy. 6. Disclose investigatory records compiled for law enforcement purposes. 7. Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of the entity. 8. Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity. 9. Specifically relate to the interstate commission's issuance of a subpoena or its participation in a civil action or proceeding. G. For every meeting closed pursuant to subsection F, the interstate commission's chief legal officer shall publicly certify that, in the legal officer's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The interstate commission shall keep minutes that shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons for the actions taken, including a description of each of the views expressed on any item and the record of any roll call vote, reflected in the vote of each member on the question.  All documents considered in connection with any action shall be identified in the minutes. The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules that specify the data to be collected, the means of collection and data exchange and reporting requirements. ARTICLE VIII RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION A. The interstate commission shall promulgate rules to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. Rule making shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant to this article. The rule making shall substantially conform to the principles of the federal administrative procedure act, 5 U.S.C.S. section 551 et seq., and the federal advisory committee act, 5 U.S.C.S. App. 2, section 1 et seq., as may be amended. All rules and amendments are binding on the date specified in each rule or amendment. B. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then the rule has no further force and effect in any compacting state. C. When promulgating a rule, the interstate commission shall: 1. Publish the proposed rule stating with particularity the text of the rule that is proposed and the reason for the proposed rule. 2. Allow persons to submit written data, facts, opinions and arguments, which shall be publicly available. 3. Provide an opportunity for an informal hearing. 4. Promulgate a final rule and its effective date, if appropriate, based on the rule making record. D. Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of the rule. If the court finds that the interstate commission's action is not supported by substantial evidence as defined in the federal administrative procedure act, in the rule making record, the court shall hold the rule unlawful and set it aside. Subjects to be addressed within twelve months after the first meeting must at a minimum include: 1. Notice to victims and opportunity to be heard. 2. Offender registration and compliance. 3. Violations and returns. 4. Transfer procedures and forms. 5. Eligibility for transfer. 6. Collection of restitution and fees from offenders. 7. Data collection and reporting. 8. The level of supervision to be provided by the receiving state. 9. Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact. 10. Mediation, arbitration and dispute resolution. E. The existing rules governing the operation of the previous compact superseded by this act shall be null and void twelve months after the first meeting of the interstate commission created under this compact. F. On determination by the interstate commission that an emergency exists, it may promulgate an emergency rule that is effective immediately on adoption, provided that the usual rule making procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. ARTICLE IX OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION A. The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states that significantly affect compacting states. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the interstate commission, the interstate commission is entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all p