Audit finds tracking and scheduling weaknesses at Board of Executive Clemency; committee votes to continue agency

The Arizona House Judiciary Committee recommended that the Arizona Board of Executive Clemency be continued after auditors presented findings that the board had not consistently complied with conflict‑of‑interest disclosure requirements, had gaps in tracking victim notifications, and did not schedule roughly one‑third of revocation hearings within a 60‑day timeframe that case law and board policy consider reasonable.

Nicole Dyer, a director with Sjoberg Evisheng Consulting, presented the results of a performance audit contracted by the Legislature’s Auditor General. Dyer said the audit reviewed statutory duties that include conducting clemency hearings, scheduling revocation hearings, and notifying victims who have elected to receive post‑conviction notice. She told the committee the audit identified three broad problems: an outdated conflict‑of‑interest policy and incomplete disclosure forms; inconsistent tracking of victim notifications; and failure to schedule about one‑third of revocation hearings within 60 days of an arrest or reincarceration.

Dyer said the audit did not identify specific instances of undisclosed substantial interests, but warned that the lack of a compliant disclosure policy and a single publicly accessible file for disclosure forms increases risk. On victim notifications, Dyer reported that for a sample period the board tracked required notifications for most hearings but left gaps in the tracking log; auditors reviewed some untracked files and found notifications had been sent, but noted the missing records could expose the board to legal risk if victims were not timely notified.

The audit also noted that from July 2022 to June 2023 the board scheduled 310 of 933 revocation hearings more than 60 days after arrest or reincarceration. Auditors attributed the delays to the board’s lack of an effective tracking system, inconsistent communications and receipt of arrest warrants from the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR), and the board’s limited staffing. The audit recommended the board adopt a structured decision‑making model for parole and revocation decisions; auditors said the board had not fully implemented prior recommendations on that topic.

Gretchen McClellan Singh, executive director of the Arizona Board of Executive Clemency, told the committee the board agreed with the audit’s findings and had already taken steps on several recommendations. Singh said the board revised its conflict‑of‑interest policy, implemented an accessible file for disclosure forms and revised recusal language; she told the committee those changes were adopted in August 2024 and became effective September 1, 2024. She also said the board implemented oversight procedures to improve victim‑notification tracking, began receiving electronic warrants from ADCRR and now receives monthly data from ADCRR about warrant timing.

Singh described the board’s workload and resources: the board operates with a general‑fund appropriation of about $1.4 million, 6.25 FTE, and conducts hearings year‑round. For fiscal year 2024 the board reported 330 parole hearings, 199 phase‑1 commutation hearings, 11 phase‑2 commutation hearings, 1,272 community‑supervision revocation hearings, 631 probable‑cause hearings, and 2,468 total hearings; the board also sent 1,159 victim notices to people who had opted in for post‑conviction notification.

On the recommendation to implement structured decision making, Singh told the committee prior assessments had concluded the board lacked sufficient staff and resources to operate a full structured‑decision program and that other jurisdictions that use such models maintain larger staffs and in‑house forensic resources. She said the board will pursue training and smaller tools that might be feasible without major new staff, while noting the board’s FY‑2026 budget submission requests a case‑analyst position to help assemble and summarize case packets and reduce delay.

After discussion, Vice Chair Kyle Powell moved that the committee recommend continuation of the Arizona Board of Executive Clemency. The motion passed; the chair announced the committee recommended continuation with seven ayes, one member recorded as absent and one member recorded as present.

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Sources: Presentation by Nicole Dyer, Sjoberg Evisheng Consulting; testimony by Gretchen McClellan Singh, Executive Director, Arizona Board of Executive Clemency; committee discussion and roll‑call announcement.