Recently proposed Arizona SB 1552 aims to provide a means of shortening sentences for those who were convicted of a crime before the age of 25. Based on scientific evidence, empathy, and insight into the nature of change, this bill has the potential to massively and positively impact the lives of many. It’s for this reason that the Phoenix criminal defense lawyers at Lerner and Rowe Law Group have prepared this guide to help you better understand how this post-conviction relief in Phoenix will work and what it can mean for you.
What Arizona SB 1552 Actually Does
Arizona SB 1552 provided the process for resentencing a defendant who had been convicted for committing a felony offense when they were younger than 25 years old. The person may petition the sentencing court for reducing their term of imprisonment if they have already served at least 15 years of incarceration.
The law doesn’t provide automatic release. Instead, it gives your loved one the opportunity to appear in court and show the judge why they deserve a second chance. The court has to consider certain factors before granting or denying the petition, namely that:
- The person is not a danger to anyone or the community.
- Sentence reduction promotes the interests of justice.
It’s worth noting that there is plenty of room for advocating your case if you have an experienced Phoenix criminal appeals attorney on your side.
The Science Supporting the Law
A critical component of SB 1552 has to do with the development of the brain. According to this bill, one of the key pieces of knowledge we gain from neuroscience is that human brains are not completely developed until sometime between the mid to late twenties.
In this case, the legislation explicitly states that “the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences” must be considered by the court.
This has nothing to do with excuses and everything to do with science, and brain science indicates that because of their developmental immaturity, youth are:
- Vulnerable to pressure from friends
- Prone to making decisions based on emotion
- Less capable of understanding just how much of an impact the decisions they make will have in the future
In fact, courts all across the United States have been increasingly taking such considerations into account when sentencing juvenile offenders.
Arizona’s SB 1552 recognizes that the sentence imposed on a 22-year-old might not take into consideration who that 22-year-old would become. This is a true commitment to proportional justice where growth and rehabilitation are actual considerations, especially when looking at decades of incarceration in jail.
Eligibility for Felony Sentence Reduction in Arizona
Not everyone qualifies, but here is the definition of an eligible offense that may be helpful to review with your lawyer:
- It was a felony – this applies to felony convictions only.
- It was committed prior to the individual’s 25th birthday—their age at the time of committing the crime, not present age, makes the difference.
- They have completed at least 15 years of incarceration – the statute specifies that 15 years of imprisonment must have been successfully completed.
- It was a conviction in adult court—this applies to adults who went through an adult trial.
If all of these apply, that means you qualify.
Steps Involved in the Resentencing Procedure Under Arizona SB 1552
Youth offender resentencing in Arizona is a legal procedure, and a formal motion must be submitted to the court that initially sentenced the offender. The motion should contain a variety of documents such as affidavits, letters, mental health reports, institution behavior reports, educational credentials, and more.
After submitting the motion, the court is expected to schedule a hearing on the matter. The defendant and their attorney can argue their case, while the prosecutor will be present as well.
It means that this is not just a formality but an adversarial process in which the quality of your legal representation plays a vital role.
During the hearing, the court will consider a wide range of factors, such as:
- Defendant’s age and background at the time of the commission of the offense
- Defendant’s participation in the crime
- Any trauma, adverse childhood experiences, and mental disorders experienced by the defendant
- Any signs of rehabilitation and personal development of the defendant during his/her imprisonment
- Mental health reports and assessment of the defendant’s current psychological state
- Circumstances surrounding the defendant’s family and community
- Whether the defendant has become mature enough not to commit such crimes again
Resentencing is immediate if the court allows the filing of the motion. Otherwise, a denial of the motion should be in writing, stating the reasons for denial and informing the petitioner what could happen in the future.
The Importance of Having the Right Phoenix Criminal Appeals Attorney in Your Corner
Building a strong case involves obtaining documentary evidence of rehabilitation, including documentation of program completion, employment history within the prison facility, discipline reports, testimonies of counselors and chaplains, and letters from family members.
We take this matter seriously and will provide the same level of dedication as we would in preparing for a trial.
Our attorneys know how to present a strong case and are well-versed in the laws and statutes of Arizona. We know how the court decides on such matters and what it takes for an individual to get their freedom back.
Here to Help with Arizona SB 1552 Cases
If you have a family member who was convicted for a first-time felony offense when they were younger than 25 years old and spent more than 15 years behind bars, then do not hesitate to take action. The post-conviction relief procedure is slow, and an early start will give our Arizona defense attorneys enough time to work on your case.
To schedule a consultation with our Phoenix criminal defense lawyer team in Phoenix and to see if you could help your family member receive resentencing under Arizona SB 1552, please contact Lerner and Rowe Law Group by giving us a call, filling out our online contact form, or using our LiveChat service.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.