This is the final part in a three part interview with Arizona Representative Cecil Ash concerning the very important topic of reforming the Arizona penal system and changing how sentencing is done in Arizona. Those who wish to help may contact Rep. Ash at his legislative office at 602-926-3160 (cash@azlag.gov), or through his webpage at www.cecilash.com
Part One of my interview is available here.
Part Two of my interview is available here.
9) Realistically, what specific sentencing reforms do you believe Arizona will enact in the next few years?
Rep. Ash: You ask what reforms do I believe we will enact? It's hard to say which reforms a majority will be persuaded to pass. But these are some that I am hopeful for.
(1) I hope that we give judges more discretion in their sentencing. Right now, prosecutors frequently tie judges' hands to prevent them from issuing sentences judges believe are appropriate. It would be a significant improvement if judges had the option of choosing between consecutive and concurrent sentences, rather than having consecutive sentences mandated by the legislature.
(2) I believe we can provide for a medical parole of those whose physical condition renders them no longer a threat to public safety. These inmates constitute a great burden on the staff and resources of the Department of Corrections.
(3) I believe we can provide more options for the county and courts in drug cases to allow for deferred prosecution in conjunction with rehabilitation efforts that will reduce the defendants that actually go to prison and get a felony on their record.
(4) I believe we can make some changes to the sex registry so we are tracking the felons who actually pose a threat to the community, rather than those who, for example, engaged in consensual sexual encounters. Right now, there's little distinction.
10) Finally, why should the average, law abiding Arizonan embrace the reforms you are proposing? How will sentencing reform benefit them and their families?
Rep. Ash: To the average person who has little or no contact with criminals, it may be difficult to see the benefits on a micro level. But on a macro level, there are great savings to be had. People complain that we are investing too little in education and health care. You never hear the complaint that we are investing too little in our Department of Corrections -- after all, nobody thinks about it, "out of sight, out of mind." But in truth, many of these inmates have families on welfare and AHCCCS. We are spending over 11% of our state budget on Corrections. There are more productive ways to spend our money.
Beyond that, there is a moral imperative here: you are taking away one of life's most precious gifts -- someone's liberty. There is a moral responsibility when you do that to make sure that it's justified, both in terms of the nature of the punishment and length of the confinement. Someone has said, "We send people to prison as punishment; we don't send people to prison to be punished." That's what the despots do. That is not America.
Thank you Rep. Ash for not only taking the time to answer my questions, but also concerning yourself with this just cause.
Rep. Ash: You're welcome. I keep thinking that sometime I should quit the legislature and enjoy retirement. However, everyday I am reminded that there are inmates sitting in prison who shouldn't be there. It's a perversity that we are punishing people and taking away their freedom for crimes that in many cases involved no serious physical harm and no serious financial loss to anyone.
I hope your community will support this effort. Everyone of your readers has a senator and two representatives who should hear from him or her that they believe it's time to address these issues.
Those who wish to help may contact me at my legislative office at 602-926-3160 (cash@azlag.gov), or through my webpage at www.cecilash.com
Thanks.