A. The director shall develop and maintain an earned release credit eligibility classification system. Within such system, the director shall establish one class of earned release credit eligibility to be given effect as provided for in this section and as many other classes of noneligibility as he deems necessary or desirable. Each person committed to the state department of corrections shall be classified pursuant to the earned release credit eligibility system established by the director.
B. The director shall establish rules pursuant to chapter 6 of this title for the classification and certification of prisoners for purposes of earned release credit. An inmate who is placed in a parole eligible classification is also eligible for certification for absolute discharge from imprisonment. Upon commitment to the state department of corrections each person shall be initially placed in the earned release credit noneligible class. Reclassification and certification shall be based on factors related to a prisoner's record while in the custody of the department, including work performance, compliance with all rules of the department, progress in any appropriate education, training or treatment programs and the performance of any assignments of confidence or trust. The director shall also establish rules governing the procedures and performance standards by which prisoners, classified to noneligibility classifications, may earn eligibility classification. Prisoners may be reclassified only pursuant to the rules of the department. The director shall distribute a copy of all such rules to each person committed to the department.
C. Every prisoner shall be entitled to a hearing prior to reclassification of such prisoner to a noneligible earned release credit class. The hearing shall be before a person or persons designated by the director to hold such hearings. Reasonable notice and a written statement of the alleged violation of the rules shall be distributed to the prisoner at least five days prior to the hearing. A prisoner may request a review of a decision to reclassify the prisoner by delivering a written request to the director.
Notes of Decisions
Cited in
41
cases (
4 in the last 5 years), 1980–2025 · leading case:
State v. Tarango, 914 P.2d 1300 (Ariz. 1996).
State v. Tarango, 914 P.2d 1300 (Ariz. 1996).
· cites it 6× “§ 31-412(A) provides the criterion for release on parole, "if the applicant has reached his earliest parole eligibility date pursuant to § 41-1604.06, subsection D." And, under § 41-1604.”
Banks v. Arizona State Bd. of Pardons & Paroles, 629 P.2d 1035 (Ariz. Ct. App. 1981).
· cites it 11× “There is less basis for an Arizona prisoner to anticipate commutation than parole, given that some limited expectancy of parole may be created by the statutory and regulatory scheme establishing parole eligibility.”
State v. Rosario, 987 P.2d 226 (Ariz. Ct. App. 1999).
· cites it 4× “See A.R.S. § 41-1604.06. Defendant is not entitled to earn release credits until having served one-quarter of the mandatory minimum of the sentence imposed by the court (one-quarter of one-half the sentence imposed by the court).”
State v. Lee, 774 P.2d 228 (Ariz. Ct. App. 1989).
· cites it 10× “The sole issue on appeal is whether defendant’s guilty plea was rendered involuntary because the trial court failed to inform him that he would not be eligible for early release credits, pursuant to A.R.S. §§ 41-1604.06 and -1604.07. This issue is raised by appellant, Gordon…”
State v. Rodriguez, 735 P.2d 792 (Ariz. 1987).
· cites it 6× “A.R.S. § 41-1604.06(D). The state, on the other hand, argued that the legislature used the term “calendar years” in A.”
True v. Stewart, 18 P.3d 707 (Ariz. 2001).
· cites it 4× “A.R.S. §§ 41-1604.06 C, 41-1604.07 A (1985).”
State v. Pac, 798 P.2d 1303 (Ariz. 1990).
· cites it 6× “See A.R.S. §§ 41-1604.06(0), 41-1604.07 (Supp.”
State v. Henderson, 797 P.2d 725 (Ariz. Ct. App. 1990).
· cites it 8× “See A.R.S. § 41-1604.06(F). * Petitioner argues that this information constitutes a special condition of parole, without which he was unable to make a voluntary, knowing, and intelligent waiver of his rights as described in Rule 17, Arizona Rules of Criminal Procedure.”
Borchers v. Arizona Bd. of Pardons & Paroles, 851 P.2d 88 (Ariz. Ct. App. 1992).
· cites it 4× “§ 31-412(A), which states in pertinent part: If a prisoner is certified as eligible for parole pursuant to the provisions of § 41-1604.06 the board of pardons and paroles shall authorize the release of the applicant upon parole if the applicant has reached his earliest parole…”
State v. Berger, 790 P.2d 744 (Ariz. Ct. App. 1989).
· cites it 8× “Defendant raises two issues on appeal: (1) whether the trial court’s imposition of lifetime parole was improper, and *47 (2) whether his guilty plea was involuntary because he was not advised that he would not be entitled to early release credits pursuant to A.R.S. §§ 41-1604.06…”
Crerand v. State, 859 P.2d 772 (Ariz. Ct. App. 1993).
· cites it 4× “Inmates may remain in class one only if they exhibit “adherence to the rules of the department and continual willingness to volunteer for or successfully] participat[e] in a work, educational, treatment or training program established by the department.”
State v. Valenzuela, 695 P.2d 732 (Ariz. 1985).
· cites it 2× “A.R.S. §§ 41-1604.06 and 1604.07 control the new code system of earning and forfeiting “release credits.”
— Ariz. Rev. Stat. § 41-1604.06(0) — 5 cases
State v. Pac, 798 P.2d 1303 (Ariz. 1990).
“See A.R.S. §§ 41-1604.06(0), 41-1604.07 (Supp.”
State v. Lee, 774 P.2d 228 (Ariz. Ct. App. 1989).
“The sole issue on appeal is whether defendant’s guilty plea was rendered involuntary because the trial court failed to inform him that he would not be eligible for early release credits, pursuant to A.R.S. §§ 41-1604.06 and -1604.07. This issue is raised by appellant, Gordon…”
Crerand v. State, 859 P.2d 772 (Ariz. Ct. App. 1993).
“Inmates may remain in class one only if they exhibit “adherence to the rules of the department and continual willingness to volunteer for or successfully] participat[e] in a work, educational, treatment or training program established by the department.”
— Ariz. Rev. Stat. § 41-1604.06(A) — 2 cases
— Ariz. Rev. Stat. § 41-1604.06(B) — 1 case
Crerand v. State, 859 P.2d 772 (Ariz. Ct. App. 1993).
“Inmates may remain in class one only if they exhibit “adherence to the rules of the department and continual willingness to volunteer for or successfully] participat[e] in a work, educational, treatment or training program established by the department.”
— Ariz. Rev. Stat. § 41-1604.06(C) — 5 cases
State v. Lee, 774 P.2d 228 (Ariz. Ct. App. 1989).
“The sole issue on appeal is whether defendant’s guilty plea was rendered involuntary because the trial court failed to inform him that he would not be eligible for early release credits, pursuant to A.R.S. §§ 41-1604.06 and -1604.07. This issue is raised by appellant, Gordon…”
State v. Pac, 798 P.2d 1303 (Ariz. 1990).
“See A.R.S. §§ 41-1604.06(0), 41-1604.07 (Supp.”
State v. Berger, 790 P.2d 744 (Ariz. Ct. App. 1989).
“Defendant raises two issues on appeal: (1) whether the trial court’s imposition of lifetime parole was improper, and *47 (2) whether his guilty plea was involuntary because he was not advised that he would not be entitled to early release credits pursuant to A.R.S. §§ 41-1604.06…”
— Ariz. Rev. Stat. § 41-1604.06(D) — 8 cases
State v. Tarango, 914 P.2d 1300 (Ariz. 1996).
“§ 31-412(A) provides the criterion for release on parole, "if the applicant has reached his earliest parole eligibility date pursuant to § 41-1604.06, subsection D." And, under § 41-1604.”
State v. Rodriguez, 735 P.2d 792 (Ariz. 1987).
“A.R.S. § 41-1604.06(D). The state, on the other hand, argued that the legislature used the term “calendar years” in A.”
State v. Pac, 798 P.2d 1303 (Ariz. 1990).
“See A.R.S. §§ 41-1604.06(0), 41-1604.07 (Supp.”
State v. Lee, 774 P.2d 228 (Ariz. Ct. App. 1989).
“The sole issue on appeal is whether defendant’s guilty plea was rendered involuntary because the trial court failed to inform him that he would not be eligible for early release credits, pursuant to A.R.S. §§ 41-1604.06 and -1604.07. This issue is raised by appellant, Gordon…”
— Ariz. Rev. Stat. § 41-1604.06(F) — 1 case
State v. Henderson, 797 P.2d 725 (Ariz. Ct. App. 1990).
“See A.R.S. § 41-1604.06(F). * Petitioner argues that this information constitutes a special condition of parole, without which he was unable to make a voluntary, knowing, and intelligent waiver of his rights as described in Rule 17, Arizona Rules of Criminal Procedure.”
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