Law enforcement agencies, judges and court commissioners will have a new set of responsibilities to help implement a 2006 initiative that forbids setting bond for illegal immigrants suspected of serious felonies if a bill on Governor Janet Napolitano’s desk becomes law.
The legislation sponsored by Sen. Linda Gray, R-10, requires enforcement agencies to determine and notify courts and prosecutors within 24 hours if defendants are not U.S. citizens.
Gray’s legislation, a response to reports of inconsistent application of Prop. 100, also forces court personnel to accept statements by police and admissions by suspects accused of serious felonies when determining if a defendant is in the United States illegally.
And contrary to current practice, where suspected illegal residents’ ability to post bond is established at secondary court appearances known as Simpson hearings, judges and commissioners would be forced to make that decision at initial appearances scheduled within 24 hours of arrest.
The Glendale Republican said Maricopa County Superior Court personnel have been making “all kinds of excuses” to avoid compliance with Prop. 100, which was approved by 80 percent of the voters in 2006. Doing so, she said, jeopardizes law and order.
“It’s a threat to public safety when you’re allowing those that are a flight risk to be released after serious felonies,” she said.
S1265 establishes burden of proof
S1265 establishes in statute the burden of proof standards to be used by judges and commissoners determining if bond can be set for defendants that may be in the country illegally.
Defendants must be linked to the charges by the high standard of proof evident or presumption great, while probable cause would be used to determine if a defendant entered or remains in the United States illegally.
Jerry Landau, a legislative liaison for the Arizona Supreme Court, said while Gray’s bill serves to determine a defendant’s ability to post bond at initial appearances, a current proposed amendment to court rule would allow second hearings at the request of either party within seven days.
A weekly press conference Gov. Janet Napolitano characterized the Prop. 100 dilemma as “an ongoing battle” between the court and Maricopa County Attorney Andrew Thomas, but said the initiative must be enforced because it is the “will of the people.”
She also noted the proposed court rule and said she is awaiting a ruling on a special action lawsuit filed June 15 with the Arizona Supreme Court by Thomas regarding Prop. 100.
“I’m going to look at that and look at the legislation, but my goal is to make sure that Prop. 100 is implemented and is implemented fairly,” said Napolitano, who received S1265 on June 21. She has until midnight July 2 to sign it or allow to pass it into law without her signature.
The bill was unanimously supported by Republican Senate and House members. It was opposed by nine Senate Democrats and 22 House Democrats.