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.
Structure Arizona Revised Statutes
Title 31 - Prisons and Prisoners
§ 31-101 - Common jails; duty of sheriff; use of jails
§ 31-104 - Employment of temporary guards
§ 31-105 - Designation of jail in contiguous county; revocation of designation
§ 31-106 - Disease in jail; removal of prisoners
§ 31-107 - Emergency removal of prisoners
§ 31-122 - Receiving and keeping federal prisoners
§ 31-123 - Confinement of person committed to jail
§ 31-124 - Segregation of prisoners; males and females; minors and adults
§ 31-125 - Duty of sheriff to deliver judicial papers to prisoner
§ 31-126 - Examination of certain prisoners for mental disorder
§ 31-127 - Abuse of prisoner; classification
§ 31-128 - Unauthorized communication with prisoner; classification
§ 31-129 - Taking prohibited articles into jail; violation; classification; definitions
§ 31-130 - Destruction of or injury to public jail; classification
§ 31-131 - Operation of inmate industry program; special services fund; application of earnings
§ 31-132 - Duty to deliver medical records
§ 31-222 - Research and evaluation programs
§ 31-223 - Use of force by correctional officers
§ 31-224 - Duty to deliver medical records
§ 31-225 - Attendance of prisoner in court
§ 31-226.01 - Emergency transfer procedures
§ 31-227 - Expenses of prosecution; reimbursement of counties
§ 31-229 - Functional literacy program; evaluation; certificate; exemptions; wages; definition
§ 31-229.01 - Functionally literate inmates; education requirement; rules; inmate fees; definition
§ 31-229.02 - Functionally literate inmates; release eligibility
§ 31-230 - Prisoner spendable accounts; fees
§ 31-231 - Unauthorized communication with prisoner; classification; definition
§ 31-232 - Family considerations in prisoner placement and visitation rules
§ 31-235 - Prisoner correspondence; definitions
§ 31-237 - Dedicated discharge accounts
§ 31-238 - Incarceration costs; setoff
§ 31-240 - Prisoner education services budget; prohibited uses
§ 31-241 - Inmate complaints to boards; procedure
§ 31-242 - Internet access; violation; classification; definitions
§ 31-141 - Enforcement of sentence imposing hard labor; employment of prisoners; definition
§ 31-142 - Use of prisoners on public works
§ 31-143 - Use of prisoners by county engineer
§ 31-144 - Double time allowance for work done outside jail as trusty
§ 31-145 - Allowance for hard labor in reduction of fine
§ 31-250 - Definition of work crew
§ 31-251 - Hard labor required of prisoners; labor classification; definition
§ 31-252 - Use of prisoners in public works; cooperative prisoner labor system; definitions
§ 31-253 - Use of prisoners in prison construction; definition
§ 31-255 - Alcohol abuse treatment fund
§ 31-256 - Prisoner training; individual certificates; requirements
§ 31-161 - Inmate health care; costs
§ 31-162 - Inmate health services fund; audit
§ 31-164 - Inmate health insurance pools
§ 31-165 - Inmate medical services; rate structure
§ 31-203 - Persons disqualified as officers or employees
§ 31-204 - Interest of employee in contracts; gifts to or from prisoner; penalty
§ 31-206 - Chaplains; duties; traditional Native American religious practitioners
§ 31-261 - Sale or exchange of products of individual prisoners
§ 31-271 - Adult correctional facility; multiple confinement
§ 31-281 - Transition program; report; definition
§ 31-282 - Contracted entities; duties; services; definition
§ 31-284 - Transition program fund
§ 31-285 - Transition program release; report
§ 31-321 - Prisoner participation in approved programs
§ 31-322 - Approval of programs
§ 31-334 - Earnings of prisoner
§ 31-342 - Escape; liability for costs incurred in apprehension
§ 31-401 - Board of executive clemency; qualifications; appointment; officers; quorum; meeting
§ 31-402 - Powers of board; powers and duties of governor; powers and duties of executive director
§ 31-403 - Commutation; restrictions on consideration
§ 31-404 - Wilful failure to pay; revocation of parole or community supervision
§ 31-412 - Criteria for release on parole; release; custody of parolee; definition
§ 31-414 - Absolute discharge of parolee; effect; notice to victim
§ 31-417 - Notification to board of parole violator; hearing; reimprisonment
§ 31-441 - Application for pardon; statement of facts proved at trial
§ 31-442 - Application for pardon; notice; exceptions
§ 31-443 - Power of governor to grant reprieves, commutations and pardons
§ 31-444 - Power of governor to suspend sentence for treason pending consideration by legislature
§ 31-446 - Report to legislature
§ 31-467 - Adoption of interstate compact for the supervision of adult offenders
§ 31-467.01 - Parole or probation violation; retaking; notice; hearing; custody pending hearing
§ 31-467.03 - Hearing rights of parolee or probationer
§ 31-467.04 - Hearings in other states; effect
§ 31-467.05 - Extradition; retrieval
§ 31-467.06 - Supervision fee; deposit; drug testing costs
§ 31-467.07 - Interstate compact for the supervision of adult offenders; eight-year review
§ 31-471 - Western interstate corrections compact
§ 31-473 - Enforcement of compact; hearings in compliance with compact
§ 31-475 - Right of transferred prisoner on release from prison outside this state
§ 31-481 - Agreement; authorization; contents
§ 31-482 - Matters pertaining to agreement