House of
Representatives
SCR 1033
methamphetamine; probation ineligibility
Sponsors: Senator Bennett, Senator Bee, Senator Leff, et al.
SCR 1033 prevents a person convicted of drug charges involving methamphetamine from being eligible for probation under the Drug Medicalization, Prevention, and Control Act of 1996.
History
The Drug Medicalization, Prevention, and Control Act of 1996 (DMPCA) was an initiative proposal known as Prop 200 approved by the voters. It required persons who are convicted of personal possession or use of a controlled substance or drug paraphernalia be eligible for probation. DMPCA established A.R.S. § 13-901.01 which outlines probation for people eligible for it under DMPCA. A.R.S. § 13-901.01 requires a person on probation under that section to participate in a drug treatment or education program and to pay for the program. If a defendant on probation under A.R.S § 13-901.01 violates their probation, new conditions of the defendant’s probation are to be established by the court. The court cannot impose a term of incarceration unless the person violated probation by committing a new drug offense or offense relating to an imitation drug or an act in violation of the court order relating to drug treatment.
A.R.S. § 13-901.01 exempts a defendant from eligibility for probation under DMPCA if the person:
- Had been convicted three times of personal possession of a controlled substance or drug paraphernalia.
- Refused drug treatment as a term of probation.
- Rejected probation.
A.R.S. § 13-901 outlines probation for a defendant who has been convicted of an offense and is eligible for probation. An adult on probation under A.R.S. § 13-901 is assessed a monthly fee of no more than $50. Within the term of probation, the court could require the defendant be imprisoned in the county jail at whatever time or interval the court determines. If the court revokes the defendant’s probation and the defendant is serving more than one probationary term concurrently, the court could sentence the person to terms of imprisonment.
If a defendant meets the criteria set fourth in A.R.S. § 13-901.01 and A.R.S. § 13-901 the court can place the defendant on probation pursuant to either section as long as the court does not violate A.R.S. § 13-901.01.
Provisions
· Exempts an offense of personal possession or use of a controlled substance or drug paraphernalia involving methamphetamine from eligibility for probation under DMPCA.
· Directs the Secretary of State to submit this proposition to the voters at the next general election.
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Forty-seventh Legislature
Second Regular Session 2 March 30, 2006
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