Be it resolved by the Senate of the State of Arizona, the House
of Representatives concurring:
1. Under the power of the referendum, as vested in
the Legislature, the following measure, relating to probation for
methamphetamine offenses, is enacted to become valid as a law if approved by
the voters and on proclamation of the Governor:
AN ACT
Amending section
13-901.01, Arizona Revised Statutes; relating to probation.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-901.01, Arizona Revised Statutes, is amended to read:
START_STATUTE13-901.01. Probation for persons convicted of
possession or use of controlled substances or drug paraphernalia; treatment;
prevention; education; exceptions; definition
A. Notwithstanding any law to the contrary, any
person who is convicted of the personal possession or use of a controlled
substance or drug paraphernalia is eligible for probation. The court
shall suspend the imposition or execution of sentence and place the person on
probation.
B. Any person who has been convicted of or
indicted for a violent crime as defined in section 13‑604.04 is not
eligible for probation as provided for in this section but instead shall be
sentenced pursuant to chapter 34 of this title.
C. Personal possession or use of a controlled
substance pursuant to this section shall not include possession for sale,
production, manufacturing or transportation for sale of any controlled
substance.
D. If a person is convicted of personal possession
or use of a controlled substance or drug paraphernalia, as a condition of
probation, the court shall require participation in an appropriate drug
treatment or education program administered by a qualified agency or
organization that provides such programs to persons who abuse controlled
substances. Each person who is enrolled in a drug treatment or
education program shall be required to pay for participation in the program to
the extent of the person's financial ability.
E. A person who has been placed on probation
pursuant to this section and who is determined by the court to be in violation
of probation shall have new conditions of probation established by the court.
The court shall select the additional conditions it deems necessary, including
intensified drug treatment, community restitution, intensive probation, home
arrest or any other sanctions except that the court shall not impose a term of
incarceration unless the court determines that the person violated probation by
committing an offense listed in chapter 34 or 34.1 of this title or an act in
violation of an order of the court relating to drug treatment.
F. If a person is convicted a second time of
personal possession or use of a controlled substance or drug paraphernalia, the
court may include additional conditions of probation it deems necessary,
including intensified drug treatment, community restitution, intensive
probation, home arrest or any other action within the jurisdiction of the
court.
G. At any time while the defendant is on
probation, if after having a reasonable opportunity to do so the defendant
fails or refuses to participate in drug treatment, the probation department or
the prosecutor may petition the court to revoke the defendant's probation. If
the court finds that the defendant refused to participate in drug treatment,
the defendant shall no longer be eligible for probation under this section but
instead shall be sentenced pursuant to chapter 34 of this title.
H. A person is not eligible for probation under
this section but instead shall be sentenced pursuant to chapter 34 of this
title if the court finds the person either:
1. Had been convicted three times of personal possession
of a controlled substance or drug paraphernalia.
2. Refused drug treatment as a term of probation.
3. Rejected probation.
4. Was
convicted of the personal possession or use of a controlled substance or drug
paraphernalia and the offense involved methamphetamine.
I. Subsections G and H of this section do not
prohibit the defendant from being placed on probation pursuant to section 13‑901
if the defendant otherwise qualifies for probation under that section.
J. For the purposes of this section, "controlled
substance" has the same meaning prescribed in section 36‑2501. END_STATUTE
2. The Secretary of State shall submit this
proposition to the voters at the next general election as provided by article
IV, part 1, section 1, Constitution of Arizona.
