State Codes and Statutes

Statutes > Arizona > Title41 > 41-1604.14

41-1604.14. Release of prisoners with detainers; eligibility; revocation of release

A. Notwithstanding any law to the contrary, the director may release a prisoner to the custody and control of the United States immigration and customs enforcement if all of the following requirements are satisfied:

1. The department receives an order of deportation for the prisoner from the United States immigration and naturalization service.

2. The prisoner has served at least one-half of the sentence imposed by the court.

3. The prisoner was convicted of a class 3, 4, 5 or 6 felony offense.

4. The prisoner was not convicted of an offense under title 13, chapter 11.

5. The prisoner was not convicted of a sexual offense pursuant to section 13-1404, 13-1405, 13-1406 or 13-1410.

6. The prisoner was not sentenced pursuant to section 13-703, section 13-704, subsection A, B, C, D or E, section 13-706, subsection A or section 13-708, subsection D.

B. If a prisoner who is released pursuant to this section returns illegally to the United States, on notification from any federal or state law enforcement agency that the prisoner is in custody, the director shall revoke the prisoner's release. The prisoner shall not be eligible for parole, community supervision or any other release from confinement until the remainder of the sentence of imprisonment is served, except pursuant to section 31-233, subsection A or B.

State Codes and Statutes

Statutes > Arizona > Title41 > 41-1604.14

41-1604.14. Release of prisoners with detainers; eligibility; revocation of release

A. Notwithstanding any law to the contrary, the director may release a prisoner to the custody and control of the United States immigration and customs enforcement if all of the following requirements are satisfied:

1. The department receives an order of deportation for the prisoner from the United States immigration and naturalization service.

2. The prisoner has served at least one-half of the sentence imposed by the court.

3. The prisoner was convicted of a class 3, 4, 5 or 6 felony offense.

4. The prisoner was not convicted of an offense under title 13, chapter 11.

5. The prisoner was not convicted of a sexual offense pursuant to section 13-1404, 13-1405, 13-1406 or 13-1410.

6. The prisoner was not sentenced pursuant to section 13-703, section 13-704, subsection A, B, C, D or E, section 13-706, subsection A or section 13-708, subsection D.

B. If a prisoner who is released pursuant to this section returns illegally to the United States, on notification from any federal or state law enforcement agency that the prisoner is in custody, the director shall revoke the prisoner's release. The prisoner shall not be eligible for parole, community supervision or any other release from confinement until the remainder of the sentence of imprisonment is served, except pursuant to section 31-233, subsection A or B.


State Codes and Statutes

State Codes and Statutes

Statutes > Arizona > Title41 > 41-1604.14

41-1604.14. Release of prisoners with detainers; eligibility; revocation of release

A. Notwithstanding any law to the contrary, the director may release a prisoner to the custody and control of the United States immigration and customs enforcement if all of the following requirements are satisfied:

1. The department receives an order of deportation for the prisoner from the United States immigration and naturalization service.

2. The prisoner has served at least one-half of the sentence imposed by the court.

3. The prisoner was convicted of a class 3, 4, 5 or 6 felony offense.

4. The prisoner was not convicted of an offense under title 13, chapter 11.

5. The prisoner was not convicted of a sexual offense pursuant to section 13-1404, 13-1405, 13-1406 or 13-1410.

6. The prisoner was not sentenced pursuant to section 13-703, section 13-704, subsection A, B, C, D or E, section 13-706, subsection A or section 13-708, subsection D.

B. If a prisoner who is released pursuant to this section returns illegally to the United States, on notification from any federal or state law enforcement agency that the prisoner is in custody, the director shall revoke the prisoner's release. The prisoner shall not be eligible for parole, community supervision or any other release from confinement until the remainder of the sentence of imprisonment is served, except pursuant to section 31-233, subsection A or B.

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