Board of Directors Penelope Cooper, President Michele WalkinHawk, Vice President • Marshall Krause, Treasurer

Harlan Grossman • Christiane Hipps Margaret Johns • Cesar Lagleva Laura Magnani Michael Marcum Ruth Morgan Seth Morris

PRISON LAW OFFICE General Delivery, San Quentin, CA 94964

Telephone (510) 280-2621 Fax (510) 280-2704 www.prisonlaw.com

INFORMATION ON COMPASSIONATE RELEASE AND

MEDICAL CLEMENCY FOR PEOPLE IN ARIZONA PRISONS

Updated May 2019

Dear Sir or Madam:

Thank you for contacting our office requesting more information about how to apply for

compassionate release or medical clemency from Arizona Department of Corrections.

We are enclosing information prepared by the Post-Conviction Clinic at Arizona State

University’s O’Connor College of Law that explains the process and includes the forms you need

to fill out. We cannot guarantee that they will be able to help you apply for clemency due to their

limited resources. That said, you can contact them via legal mail with a description of your

problem and ask if they can help. Their address is:

Katie Puzauskas, Esq.

Post Conviction Clinic

ASU Sandra Day O’Connor College of Law

111 East Taylor Street

Phoenix, AZ 85004

(480) 965-2874

Thank you for writing to us. We hope this information is helpful.

Sincerely,

Prison Law Office

Encl. Application Info; Board of Executive Clemency Policy #114; Application Forms

Director: Donald Specter Managing Attorney: Sara Norman Staff Attorneys: Rana Anabtawi Steven Fama Alison Hardy Sophie Hart Corene Kendrick Rita Lomio Margot Mendelson Thomas Nosewicz Shira Tevah Camille Woods

NOTE: This handout is not intended to be legal advice about the

facts in your case, but it will give you more information about

organizations that may be able to help.

[This page intentionally left blank.]

PREPARATION FOR A MEDICAL CLEMENCY HEARING IN ARIZONA Prepared by the Post-Conviction Clinic at the Sandra Day O’Connor College of Law

(Please understand the Post-Conviction Clinic is not representing you and this document is not

to serve as legal advice. Rather, the purpose of this document is to provide some information

about how the Arizona Board of Executive Clemency generally conducts imminent danger of

death hearings. There is no exact method for how these hearings are conducted as each case is

different and questioning will depend on your specific situation. We wish you all the best)

Commutation Hearings under the Imminent Danger of Death Exception are covered under Arizona Board of Executive Clemency Policy #114 (attached). The specific section that applies is 114.3 (provided below).

114.3 Imminent Danger of Death 3.1 The Board may waive the eligibility criteria and schedule a Phase II

hearing if the inmate has been certified by the Arizona Department of Corrections and has filed an imminent danger of death application.

3.2 The inmate may only be considered for an imminent danger of death commutation if the independent medical specialist referred by ADC’s contracted medical provider Page 3 of 6 completes a written prognosis statement that there is reasonable medical certainty that the inmate’s medical condition will result in death within four (4) months from the point of application.

3.2.1 ADC’s contracted medical provider’s designated licensed physician shall also provide a statement concurring or non-concurring with the prognosis of the independent medical specialist that the inmate has less than four (4) months to live.

3.2.2 The ADC Health Services Contract Monitoring Bureau will arrange, upon request, for ADC’s contracted medical provider (or designee) to provide testimony at the time of the commutation hearing. The party assisting the inmate in the application shall make the request in writing to ADC’s Health Services Contract Monitoring Bureau. A member of the Board of Executive Clemency staff and ADC’s Health Services Contract Monitoring Bureau will coordinate the date and time of the hearing for the provider to testify.

3.2.3 The Executive Director will make every effort to accommodate priority scheduling for imminent danger of death commutation hearings.

3.2.4 Inmates will be notified on the Commutation of Sentence Application that their medical records may become public record and discussed in public forum during the commutation hearing. They shall acknowledge this notice by their signature on the application form

In order to begin this process, complete the commutation application (attached) and

submit it to Arizona Department of Corrections’ Time Computation Unit.

Time Computation Unit Herb Haley, Administrator AZ Department of Corrections 1601 W. Jefferson Phoenix, AZ 85007 602-542-1876 hhaley@azadc.gov

On the top of page two, please be sure to check the 1st box indicating you are seeking

release based on imminent danger of death. Page 12 is also very important. Make sure you provide a very clear release plan with as much detail as possible (see details below). If you need assistance, you may seek help from your COIII and/or your family members of friends.

Upon receipt of your application, ADC will inquire as to your medical prognosis and will send your prognosis to the Board of Clemency. The prognosis must come from an ADC doctor (currently it is Dr. David Robertson).

Once the Board receives your application and prognosis, the Board will determine whether you meet the criteria for a Phase II hearing under the imminent danger of death exception. If you meet the criteria, the Board will schedule a Phase II hearing. The timeframe from submission of your application to a hearing date may vary. If you have questions regarding the status of your application, contact the Board of Executive Clemency at (602) 542-5656.

The hearings are held at the Arizona Board of Executive Clemency: 1645 West Jefferson, Suite 101 Phoenix, AZ 85007

At the hearing, you are able to appear via video-conferencing (or by phone) if you are

physically able to do so. Family members, friends, and a lawyer (if you retain one or are working with one pro bono) may also appear on your behalf either in person or by phone. If appearing by phone, your supporters need to contact the Board (602-542-5656) to let them know they will be appearing by phone and provide the Board your ADC number. All individuals appearing by phone should mute their phones while others are speaking so outside noise does not interrupt the hearing.

At the hearing, a Doctor from ADC will testify about your prognosis. The Board will

focus on plans you have should you be released. Your release plan must provide specific information such as: (1) who will pick you up

from the prison and transport you to your destination, (2) where will you live and with who, (3) who will take you to doctor appointments and care for you, and (4) are you signed up for insurance. The Board may also ask you questions about the offense and any disciplinary infractions so be prepared. Be sure to have all of these questions answered before you appear before the Board. It is also extremely helpful for family members and friends to appear on your behalf.

If you are required to serve probation following your sentence, you must be released to the county where the offense occurred. If you are seeking to be released to another jurisdiction, you must be approved for interstate compact.

Dori Littler Commissioner Interstate Compact and Administration Manager (602) 452-3324

• https://www.interstatecompact.org/ • The inmate’s sentence needs to be commuted before they can begin the process. • The approval process could take up to 45 days. • There is a $300 application fee and a $1,000 extradition fee. • The inmate must be released to the county where the offense occurred BEFORE initiating

the Interstate Compact approval process.

Other Resources

Circle of the City 300 W. Clarendon, Suite 200

Phoenix, AZ 85013 Phone (602) 776-9000 info@circlethecity.org www.circlethecity.org

Circle the City’s Medical Respite Center provides a time to heal in its 50-bed facility, a place for people experiencing homelessness to recover from illness or injury. Circle the City’s Parsons Family Health Center provides primary care and preventative healthcare for individuals and families experiencing homelessness. The Mobile Medical Clinic is an extension of the Parsons Family Health Center, this two-room mobile clinic rotates through parks, permanent supportive housing complexes, and social service agencies during weekdays to provide outreach care for those who cannot access the fixed site.

Hospice of the Valley (602) 530-6900

https://www.hov.org/ Hospice of the Valley is Arizona’s leading provider of end-of-life care. They are among the nation’s oldest and largest not-for-profit hospices. Their mission: comfort and dignity as life nears its end. One patient and family at a time. You may think hospice is all about dying, but at Hospice of the Valley, they believe it’s about living. Their hospice team supports you… on your terms.

Prison Law Office 1917 Fifth Street

Berkeley, CA 94710 (510) 280-2621

office@prisonlaw.com The Prison Law Office is a nonprofit public interest law firm based in Berkeley, California that provides free legal services to adult and juvenile offenders to improve their conditions of confinement. The office provides direct services to thousands of prisoners and juveniles each year, advocates for policy changes, and, if necessary, engages in impact litigation to ensure that correctional institutions meet standards required by the U.S. Constitution.

Post-Conviction Clinic Sandra Day O’Connor College of Law

111 East Taylor Street Phoenix, AZ 85004

(480) 965-2874 Katherine.puzauskas@asu.edu

The Post-Conviction Clinic provides pro bono legal representation to individual with claims of wrongful conviction or incarceration. The Clinic may provide guidance to you and/or family members with the commutation application process.

Page 1 of 6

ARIZONA BOARD OF EXECUTIVE CLEMENCY

BOARD POLICY #114

Policy Title:

COMMUTATION OF SENTENCE

Effective Date: May 07, 2018 Policy #114

Supersedes: June 01, 2017

Pages: 6

PURPOSE:

The purpose of this policy is to outline the general procedures and guidelines associated

with the eligibility and processing of Commutation of Sentence applications and subsequent

Board determinations. Throughout this process, the Board’s determination is final.

AUTHORITY:

ARS §13-603L

ARS §31-402

ARS §31-411 (H) (I) (1)

ARS §38-431.01

ARS §31-403

PROCEDURE

114.1 Eligibility & Exceptions

1.1 Inmates who are statutorily eligible or an inmate whose sentence does not

require a minimum amount of time to be served may apply for commutation.

1.2 For those inmates convicted of their offense on or after January 01, 1994, the

Board may recommend 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 inmate will

conform his/her conduct to the requirements of the law.

1.3 The Board will only consider those inmates who have served two (2) years from

their sentence begin date and are not within one (1) year of their eligible or

mandatory release date for sentences more than 3 years.

1.4 The Board will not consider future (consecutive) sentences for commutation

except as follows.

Page 2 of 6

1.4.1 The Board may consider future sentences if the court makes findings pursuant

to A.R.S. 13-603(L) that the legally mandated sentence is clearly excessive

and the Court’s 603L order applies to the total of all current and future

consecutive. If the initial application is not recommended or is denied by the

Governor, after the waiting period and there is no law to the contrary, the

Board may again consider an application for commutation of any or all the

current sentences or future consecutive sentences for which there is an A.R.S.

13-603(L) order.

1.4.2 The Board may also consider (future) consecutive sentences if the matter is

under the same criminal case number and the total aggregate of the

consecutive sentences is fifty (50) or more years.

1.4.3 The Board will not consider inmates with less than three years sentence.

1.4.4 The exceptions to the Board time requirements are:

a. inmates seeking commutation under A.R.S. 13-603(L),

b. inmates seeking commutation under imminent danger of death, and

c. Warrant of Execution received from the Arizona Supreme Court.

114.2 Application Process

2.1 Inmates must complete and sign the Commutation of Sentence application

form adopted by the Board at the time of application. This application will be

made available via:

a. the Board’s website,

b. request by mail, and

c. inmate’s Correctional Officer III.

2.2 Inmates shall transmit their completed application to the Department of

Corrections for review and certification. Only those applications certified by the

AZDOC as statutorily eligible for commutation will be forwarded to the Board for

review.

2.2.1. Only applications found to be complete by the Executive Director will be

scheduled for a Phase I Commutation Hearing. Incomplete applications or

ineligible inmate applications will be returned to the inmate. Incomplete

applications will be returned with a notice explaining the application

deficiencies.

114.3 Imminent Danger of Death

3.1 The Board may waive the eligibility criteria and schedule a Phase II hearing if the

inmate has been certified by the Arizona Department of Corrections and has filed an

imminent danger of death application.

3.2 The inmate may only be considered for an imminent danger of death commutation if

the independent medical specialist referred by ADC’s contracted medical provider

Page 3 of 6

completes a written prognosis statement that there is reasonable medical certainty that

the inmate’s medical condition will result in death within four (4) months from the point

of application.

3.2.1 ADC’s contracted medical provider’s designated licensed physician shall also

provide a statement concurring or non-concurring with the prognosis of the

independent medical specialist that the inmate has less than four (4) months to

live.

3.2.2 The ADC Health Services Contract Monitoring Bureau will arrange, upon

request, for ADC’s contracted medical provider (or designee) to provide

testimony at the time of the commutation hearing. The party assisting the

inmate in the application shall make the request in writing to ADC’s Health

Services Contract Monitoring Bureau. A member of the Board of Executive

Clemency staff and ADC’s Health Services Contract Monitoring Bureau will

coordinate the date and time of the hearing for the provider to testify.

3.2.3 The Executive Director will make every effort to accommodate priority

scheduling for imminent danger of death commutation hearings.

3.2.4 Inmates will be notified on the Commutation of Sentence Application that their

medical records may become public record and discussed in public forum

during the commutation hearing. They shall acknowledge this notice by their

signature on the application form.

114.4 Order of the Court A.R.S. § 13-603(L)

4.1 An order of the court pursuant to ARS § 13-603(L) provides:

a. “If at the time of sentencing the court is of the opinion that a sentence that the law

requires the court to impose is clearly excessive, the court may enter a special order

allowing the person sentenced to petition the Board of Executive Clemency for a

commutation of sentence within ninety days after the person is committed to the

custody of the state department of corrections. If the court enters a special order

regarding commutation, the court shall set forth in writing its specific reasons for

concluding that the sentence is clearly excessive. The court shall allow both the state

and the victim to submit a written statement on the matter. The court's order, and

reasons for its order, and the statements of the state and the victim shall be sent to

the Board of Executive Clemency.”

4.2 When a 603L commutation request hearing is held and if the Board’s determination

is not to recommend a commutation of sentence to the Governor then no further

commutation of sentence application will be considered unless deemed eligible by

the Department of Corrections based on statutory and/or Board of Executive Policy

and Procedure.

4.3 When a 603L commutation of sentence has been referred to the Governor and

denied, the applicant may reapply from the date of the Governor’s decision in three

years or it may be based in accordance with A.R.S.31-403.

Page 4 of 6

114.5 Notification

5.1 When a commutation from imprisonment is to be considered, the Board, before

holding a commutation hearing, shall notify the attorney general, the Presiding

Judge of the Superior Court, the County Attorney in the county in which the inmate

requesting commutation was sentenced. The victim of the offense for which the

inmate was incarcerated shall also be notified.

5.2 The notice to the victim shall be mailed to the last known address no less than 15

days prior to the hearing date. The notice shall state the name of the inmate and shall

set the month of the hearing. The notice shall inform the victim of the victim’s right

to be present and/or to submit a written report to the board expressing the victim’s

opinion concerning the commutation of sentence.

5.3 A commutation hearing shall not be held until at least fifteen (15) CALENDAR

days passed after the date of sending the hearing notice to the victim. On mailing

the notice, the Board shall file a hard copy of the notice in the Board’s inmate file

as evidence that notification was sent.

5.4 The provision of this subsection requiring notice to the government officials shall not

apply where there is imminent danger of death certified commutation request or

when the term of imprisonment is within two hundred ten (210) days of expiration.

115.6 Commutation Hearing Process

6.1 Except as provided in exemptions of this policy, commutation hearings will be held

in two phases.

6.1.1 At least one week prior to a commutation hearing, the Board members

will be provided the application, inmate’s files, letters and all relevant

information for review. Family, friends, victims, witnesses and/or legal

counsel should submit written information concerning the matter prior to

the hearing.

6.2 A Phase I Hearing shall be a review of the application packet and conducted in

quorum by Board members. The applicant is not present and no call to the public

will be made. All materials provided to the Board shall be considered in the

review. The Board shall determine by vote whether to pass to Phase II.

6.3 A Phase II Hearing shall include the participation of the applicant, victims and any

members of the public wishing to address the Board.

6.4 At the conclusion of a commutation hearing, the Board may take one of the

following actions:

a. After a Phase I hearing, the Board by a majority vote may vote to pass the

application to a Phase II hearing or vote to deny the commutation application

and not pass the application to Phase II.

Page 5 of 6

b. After a Phase II hearing, the Board by a majority vote of the Board may vote

to recommend a commutation to the Governor or vote not to recommend a

commutation to the Governor.

114.7 Recommendation

7.1 When the Board votes to recommend a Commutation of Sentence to the Governor, a

letter of recommendation will be prepared by a Board member. The Board Chairman

or, if not present, the Panel Chairman will assign someone who voted in the majority

to prepare the recommendation letter to the Governor.

7.1.1 The letter shall include the details of the offense and the sentence that is

being commuted, the inmate’s past criminal history, reason for the

inmate seeking commutation and the board member’s discussion and

conclusion or the recommendation.

7.1.2 Once the letter has been finalized, the Board’s Executive Director shall

ensure that all the necessary documents and proper formatting of the

Governor’s packet is accurate and complete.

7.1.3 Letters of dissent may also be prepared and forwarded to the Governor by

any board member who voted contrary to the majority decision.

7.2 A letter of recommendation and if applicable, a dissent letter/s, along with the

related case materials considered by the Board at the Phase I and II Hearings,

shall be included in the packet of information sent to the Governor within 30

calendar days from the date that hearing was conducted.

7.3 Recommendation based on imminent danger of death shall be forwarded with

accompanied materials to the Governor within seven (7) working days.

7.4 Any recommendation for commutation that is passed unanimously by the Board

which is not acted on by the Governor within ninety days after receipt, will

automatically become effective.

7.5 Any recommendation for commutation that is made by a majority of the board

members present shall be sent to the governor for consideration. There is no

time limit for the approval or rejection of such a recommendation.

7.6 The Board shall advise the inmate of the Governor’s decision. The Executive

Director shall ensure the Board’s records/files are updated.

7.7 If commutation is not granted, the inmate may reapply for commutation three

years from the date of denial unless:

7.7.1 The three year waiting period is extended pursuant to A.R.S. 31-403 (E)

for inmate who committed serious offenses on or after January 01, 2006.

Reapplication will be determined on statutory requirements and

Page 6 of 6

timeframes set by the Board.

7.7.2 The Board may waive these provisions if any of the following applies:

a. The person meets the conditions as outlined for imminent danger of death

or the person is the subject of a warrant of execution.

Implementation:

This policy was adopted by the Arizona Board of Executive Clemency in accordance with the

law.