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Arizona Freeing First Inmates After Ruling On Clemency
By Arizona Daily Star
Published: 03/27/2002

While some attorneys say it took too long, the Arizona Department of Corrections has started releasing inmates found to have spent too much time behind bars.
The releases were announced on March 22, under a February ruling by the state Supreme Court that former Gov. Fife Symington failed to properly process requests for shorter sentences.
The Department of Corrections has determined that 32 inmates spent more time than necessary behind bars.
The state has released 16 inmates; another seven were scheduled to be released and another nine will be released in April.
At least one Phoenix attorney was considering filing a lawsuit to get the inmates out of prison. Larry Hammond - a prominent Phoenix defense attorney who started the nonprofit Justice Project to work on such cases - expressed relief recently.
In 1994, state legislators voted to relax mandatory minimum sentence laws and allowed inmates to seek reductions in their sentences. If the Board of Executive Clemency unanimously recommended a shorter sentence, it would take effect unless rejected by the governor with a signature verified by the secretary of state.
The board received about 2,400 applications and reviewed more than 1,500 of them. It recommended shorter sentences for about 200 inmates.
Attorney General Janet Napolitano later announced the state would not fight the release of up to 200 prison inmates who applied for clemency and were affected by the Supreme Court ruling.
Hammond said the state was late in following through on that promise. He expressed frustration recently before learning of the state's plans to release the inmates.
Rhonda Cole, a Department of Corrections spokeswoman, said the department had to review the sentences and clemency recommendations for almost 200 inmates before determining who should be released.
Hammond said he thought about 100 of the inmates had already been released for various reasons. He estimated another 50 inmates did receive commuted sentences but had still not served enough time to be released.


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