Criminal

questions & answers

Question: Can a 79 year old man with health issues be released after pleading guilty to 2 felony molestation charges

Answer: Arizona Revised Statute 13-1410 says molestation of a child is a class 2 felony that is punishable pursuant to section 13-705. A.R.S.13-705 says that an adult person who is convicted of sexual conduct of a minor twelve years of age or younger is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except for two circumstances that are by A.R.S. 31-233.

A.R.S. 31-233 states that an inmate can be released temporarily "[f]or the purpose of employing the inmate in any work directly connected with the administration, management or maintenance of the prison or institution in which the inmate is confined, for purposes of cooperating voluntarily in medical research that cannot be performed at the prison or institution, or for participating in community action activities directed toward delinquency prevention and community betterment programs. The removal shall not be for a period longer than one day.

Under specific rules established by the director for the selection of inmates, the director may also authorize furlough, temporary removal or temporary release of any inmate for compassionate leave, for the purpose of furnishing to the inmate medical treatment not available at the prison or institution, for purposes preparatory to a return to the community within ninety days of the inmate's release date or for disaster aid, including local mutual aid and state emergencies. When an inmate is temporarily removed or temporarily released for a purpose preparatory to return to the community or for compassionate leave, the director may require the inmate to reimburse the state, in whole or part, for expenses incurred by the state in connection with the inmate's temporary removal or release." (See A.R.S. 13-233)