Strike everything after the enacting
clause and insert:
"Section 1. Section
13-901, Arizona Revised Statutes, is amended to read:
13-901. Probation
A. If a person who has been convicted of an offense
is eligible for probation, the court may suspend the imposition or execution of
sentence and, if so, shall without delay place the person on intensive
probation supervision pursuant to section 13‑913 or supervised or
unsupervised probation on such terms and conditions as the law requires and the
court deems appropriate, including participation in any programs authorized in
title 12, chapter 2, article 11. If a person is not eligible for
probation, imposition or execution of sentence shall not be suspended or
delayed. If the court imposes probation, it may also impose a fine
as authorized by chapter 8 of this title. If probation is granted
the court shall impose a condition that the person waive extradition for any
probation revocation procedures and it shall order restitution pursuant to
section 13‑603, subsection C where there is a victim who has suffered
economic loss. When granting probation to an adult the court, as a
condition of probation, shall assess a monthly fee of not less than fifty
dollars unless, after determining the inability of the probationer to pay the
fee, the court assesses a lesser fee. this fee is not subject to any surcharge. In
justice and municipal courts the fee shall only be assessed when the person is
placed on supervised probation. For persons placed on probation in
the superior court, the fee shall be paid to the clerk of the superior court
and the clerk of the court shall pay all monies collected from this fee to the
county treasurer for deposit in the adult probation services fund established
by section 12‑267. For persons placed on supervised probation
in the justice court, the fee shall be paid to the justice court and the
justice court shall transmit all of the monies to the county treasurer for
deposit in the adult probation services fund established by section 12‑267. For
persons placed on supervised probation in the municipal court, the fee shall be
paid to the municipal court. The municipal court shall transmit all
of the monies to the city treasurer who shall transmit the monies to the county
treasurer for deposit in the adult probation services fund established by
section 12‑267. Any amount greater than forty dollars of the fee
assessed pursuant to this subsection shall only be used to supplement monies
currently used for the salaries of adult probation and surveillance officers
and for support of programs and services of the superior court adult probation
departments.
B. The period of probation shall be determined
according to section 13‑902, except that if a person is released pursuant
to section 31-233, subsection B and community supervision is waived pursuant to
section 13-603, subsection K, the court shall extend the period of probation by
the amount of time the director of the state department of corrections approves
for the inmate's temporary release.
C. The court, in its discretion, may issue a warrant
for the rearrest of the defendant and may modify or add to the conditions or,
if the defendant commits an additional offense or violates a condition, may
revoke probation in accordance with the rules of criminal procedure at any time
before the expiration or termination of the period of probation. If
the court revokes the defendant's probation and the defendant is serving more
than one probationary term concurrently, the court may sentence the person to
terms of imprisonment to be served consecutively.
D. At any time during the probationary term of the
person released on probation, any probation officer, without warrant or other
process and at any time until the final disposition of the case, may rearrest
any person and bring the person before the court.
E. The court, on its own initiative or on
application of the probationer, after notice and an opportunity to be heard for
the prosecuting attorney and, on request, the victim, may terminate the period
of probation or intensive probation and discharge the defendant at a time
earlier than that originally imposed if in the court's opinion the ends of
justice will be served and if the conduct of the defendant on probation
warrants it.
F. When granting probation the court may require
that the defendant be imprisoned in the county jail at whatever time or
intervals, consecutive or nonconsecutive, the court shall determine, within the
period of probation, as long as the period actually spent in confinement does
not exceed one year or the maximum period of imprisonment permitted under
chapter 7 of this title, whichever is the shorter.
G. If restitution is made a condition of probation,
the court shall fix the amount of restitution and the manner of performance
pursuant to chapter 8 of this title.
H. When granting probation, the court shall set
forth at the time of sentencing and on the record the factual and legal reasons
in support of each sentence.
I. If the defendant meets the criteria set forth in
section 13‑901.01 or 13‑3422, the court may place the defendant on
probation pursuant to either section. If a defendant is placed on probation
pursuant to section 13‑901.01 or 13‑3422, the court may impose any
term of probation that is authorized pursuant to this section and that is not
in violation of section 13‑901.01.
Sec. 2. Section 13-902, Arizona Revised
Statutes, is amended to read:
13-902. Periods of probation; monitoring; fees
A. Unless terminated sooner, probation may continue
for the following periods:
1. For a class 2 felony, seven years.
2. For a class 3 felony, five years.
3. For a class 4 felony, four years.
4. For a class 5 or 6 felony, three years.
5. For a class 1 misdemeanor, three years.
6. For a class 2 misdemeanor, two years.
7. For a class 3 misdemeanor, one year.
B. Notwithstanding subsection A of this section,
unless terminated sooner, probation may continue for the following periods:
1. For a violation of section 28‑1381 or 28‑1382,
five years.
2. For a violation of section 28‑1383, ten
years.
C. When the court has required, as a condition of
probation, that the defendant make restitution for any economic loss related to
the defendant's offense and that condition has not been satisfied, the court at
any time before the termination or expiration of probation may extend the
period within the following limits:
1. For a felony, not more than five years.
2. For a misdemeanor, not more than two years.
D. Notwithstanding any other provision of law,
justice courts and municipal courts may impose the probation periods specified
in subsection A, paragraphs 5, 6 and 7 and subsection B, paragraph 1 of this
section.
E. After conviction of a felony offense or an
attempt to commit any offense that is included in chapter 14 or 35.1 of this
title or section 13‑2308.01, 13‑2923 or 13‑3623, if probation
is available, probation may continue for a term of not less than the term that
is specified in subsection A of this section up to and including life and that
the court believes is appropriate for the ends of justice.
F. After conviction of a violation of section 13‑3824,
subsection A, if a term of probation is imposed and the offense for which the
person was required to register was a felony, probation may continue for a term
of not less than the term that is specified in subsection A of this section up
to and including life and that the court believes is appropriate for the ends
of justice.
G. After conviction of a dangerous crime against
children as defined in section 13‑705, if a term of probation is imposed,
the person is required to register
pursuant to section 13-3821 and the person is classified as a level three
offender pursuant to sections 13-3825 and 13-3826, the court
shall require global position system or
electronic monitoring for the duration of the term of
probation. The court may impose a fee on the probationer to offset
the cost of the monitoring device required by this subsection. The fee shall
be deposited in the adult probation services fund pursuant to section 12‑267,
subsection A, paragraph 3. This
subsection does not preclude global position system or electronic monitoring of
any other person who is serving a term of probation.
Sec. 3. Federal sex offender registration notification act study
committee; membership; duties; report
A. The federal sex offender registration
notification act study committee is established consisting of the following
members:
1. The governor or the governor's designee.
2. Two members of the house of representatives who
are appointed by the speaker of the house of representatives and who are
members of different political parties. The speaker of the house of
representatives shall designate one of these members to serve as cochairperson
of the committee.
3. Two members of the senate who are appointed by
the president of the senate and who are members of different political parties.
The president of the senate shall designate one of these members to serve as
cochairperson of the committee.
4. The director of the department of public safety
or the director's designee.
5. The director of the state department of
corrections or the director's designee.
6. The chief justice of the supreme court or the
chief justice's designee.
7. A sheriff or the sheriff's designee who is
appointed by the president of the Arizona county attorneys and sheriffs
association and who represents a county with a population of more than four
hundred thousand persons according to the most recent United States decennial
census.
8. Two county attorneys or their designees who are
appointed by the chairman of the Arizona prosecuting attorneys' advisory council,
one of whom represents a county with a population of more than four hundred
thousand persons according to the most recent United States decennial census
and one of whom represents a county with a population of four hundred thousand
persons or less according to the most recent United States decennial census.
9. A chief of police or the chief’s designee who is
appointed by the president of the Arizona association of chiefs of police and
who represents a city or town in a county with a population of four hundred
thousand persons or less according to the most recent United States decennial
census.
10. Two public defenders or their designees who are
appointed by the president of the Arizona public defender’s association, one of
whom represents a county with a population of more than four hundred thousand
persons according to the most recent United States decennial census and one of
whom represents a county with a population of four hundred thousand persons or
less according to the most recent United States decennial census.
11. Two chief probation officers or their designees
who are appointed by the chief justice of the supreme court, one of whom is
assigned to an adult probation department and one of whom is assigned to a
juvenile probation department of the superior court.
12. One representative of the administrative office
of the courts who has expertise with the provision of probation services and
who is appointed by the chief justice of the supreme court.
13. A licensed psychologist who works with adults
and who is appointed by the speaker of the house of representatives.
14. A licensed psychologist who works with juveniles
and who is appointed by the president of the senate.
15. Two directors of civic organizations concerned
with sexual offender issues or children’s issues or their designees, one of
whom is appointed by the speaker of the house of representatives and one of
whom is appointed by the president of the senate.
16. A researcher from the University of Arizona,
Arizona State University or Northern Arizona University who has expertise in
the area of sex offender research and who is appointed by the governor.
B. The study committee shall examine:
1. The effectiveness of the current sex offender
laws in this state to prevent recidivism and protect the community from further
sexual offenses.
2. The standards set forth by the Adam Walsh Child
Protection and Safety Act of 2006 and specifically, Title 1, the Sex Offender
Registration Notification Act.
3. The impact on this state of adopting the federal
standards of the Adam Walsh Child Protection and Safety Act of 2006 and
specifically, Title 1, the Sex Offender Registration Notification Act.
C. On or before December 31, 2009, the study
committee shall submit a report regarding its findings to the governor, the
speaker of the house of representatives and the president of the senate and
shall provide a copy of the report to the secretary of state and the director
of the Arizona state library, archives and public records.
D. Members of the study committee are not eligible
to receive compensation but public members are eligible for reimbursement of
expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.
Sec. 4. Delayed repeal
Section 3 of this act, relating to Federal sex offender
registration notification act study committee; membership; duties; report, is
repealed from and after December 31, 2010.
Sec. 5. Emergency
This act is an emergency measure that is necessary to preserve
the public peace, health or safety and is operative immediately as provided by
law."
Amend title to conform
