From: Sheila Polk Date: May 20. am 2:33 PM Subject: Proposed changes to 531334 To: I'u'leanarcl" sJMeanaMI?m?legg?b li343: Marsha Hood smhood?azlegg??a Dear Senator Mesnard, Th anl: you for your time today. As promisedr attached is a draft ofthe changes we discussed today regarding SIS-1334. I'v'ly draft will strilce the current language in 531334 and add the following: 0 Amend ARE and to specify that for purposes of category 3 sentencing. the historical prior conviction must have occurred on a date that precedes the date of the present offense- This will serve as an absolute bar to sentencing the spree or serial offender currently covered by ARE 13?313 as a category 3 offender even if each offense is tried separately. This proposed language Will n_ot alter the current de?nition of historical prior conviction under ARE 13-155 as the current draft of 551334 does. 0 Amend ARE to add to the list of mitigating factors for sentencing purposes that the defendant has not previou sly received services from the probation department or departme nt of correctio ns. I want to correct my statement during the meeting regarding the impact of ME which, in fact and contrarll.r to my earlier statement, will apply to a person who is on release from another state and is being sentenced for an offense which has occurred within the jurisdiction of Arizona. However, the addition of two 1.rea rs to the sentence is to punish the behavior of the offender who has already.r been caught, is under a cou rt?s jurisdiction, is released back. to the community, then absconds. If the current version of 531334 passes, this offender will still be sentenced under the ?rst-time offender sentencing range, not as a category 1 offender. In fact, he is a multiple offender Wl'l? was caught and reoffe nded before he could be sentenced. There is no basis to treat him as a ?rst-time offender. Please do not hesitate to let me lcnovl.r if you have any.r questions or how I can be of further assistance. Best regards, Sheila Poll-L. Tavapai lIliounty Anomaly 255 East Gurlay. Prescott. 3-5301