REFERENCE TITLE: release conditions; pretrial release program
State of Arizona
House of Representatives
First Regular Session
Representatives Cardenas: Andrade, Campbell, Chávez, Espinoza, Gabaldón, Gonzales, Martinez, Navarrete, Rubalcava, Saldate, Salman, Stringer, Senators Cajero Bedford, Dalessandro
amending sections 13‑3967 and 13‑3968, Arizona Revised Statutes; amending title 13, chapter 38, article 12, Arizona Revised Statutes, by adding section 13‑3970; relating to release conditions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section. 1. Section 13-3967, Arizona Revised Statutes, is amended to read:
13-3967. Release on bailable offenses before trial; definition
A. At his appearance before a judicial officer, any person who is charged with a public offense that is bailable as a matter of right shall be ordered released pending trial on his own recognizance or, if The judicial officer finds that releasing the person on the person's own recognizance will not reasonably ensure the person's appearance in court when required, the protection of the safety of any other person or the community and that the person will not obstruct or attempt to obstruct the criminal justice process, on the execution of bail in an amount specified by the judicial officer.
B. In determining the method of release or the amount of bail, the judicial officer, on the basis of available information, shall take into account all of the following:
1. The views of the victim.
2. The nature and circumstances of the offense charged.
3. Whether the accused has a prior arrest or conviction for a serious offense or violent or aggravated felony as defined in section 13‑706 or an offense in another state that would be a serious offense or violent or aggravated felony as defined in section 13-706 if committed in this state.
4. Evidence that the accused poses a danger to others in the community.
5. The results of a risk or lethality assessment in a domestic violence charge that is presented to the court.
6. The weight of evidence against the accused.
7. The accused's family ties, employment, financial resources, character and mental condition.
8. The results of any drug test submitted to the court.
9. Whether the accused is using any substance if its possession or use is illegal pursuant to chapter 34 of this title.
10. Whether the accused violated section 13‑3407, subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine or section 13‑3407.01.
11. The length of residence in the community.
12. The accused's record of arrests and convictions.
13. The accused's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.
14. Whether the accused has entered or remained in the United States illegally.
15. Whether the accused's residence is in this state, in another state or outside the United States.
16. The risk assessment and release recommendation from the pretrial services program.
C. If a judicial officer orders the release of a defendant who is charged with a felony either on his own recognizance or on bail, the judicial officer shall condition the defendant's release on the defendant's good behavior while so released. On a showing of probable cause that the defendant committed any offense during the period of release, a judicial officer may revoke the defendant's release pursuant to section 13‑3968.
D. After providing notice to the victim pursuant to section 13‑4406, a judicial officer may impose any of the following conditions on a person who is released on his own recognizance or on bail:
1. Place the person in the custody of a designated person or organization agreeing to supervise him.
2. Place restrictions on the person's travel, associates or place of abode during the period of release.
3. Require the deposit with the clerk of the court of cash or other security, such deposit to be returned on the performance of the conditions of release.
4. Prohibit the person from possessing any deadly weapon or engaging in certain described activities or indulging in intoxicating liquors or certain drugs.
5. Require the person to report regularly to and remain under the supervision of an officer of the court.
6. Impose any other conditions deemed reasonably necessary to assure appearance as required including a condition requiring that the person return to custody after specified hours.
E. In addition to any of the conditions a judicial officer may impose pursuant to subsection D of this section, the judicial officer shall impose both of the following conditions on a person who is charged with a felony violation of chapter 14 or 35.1 of this title and who is released on his own recognizance or on bail:
1. Electronic monitoring where available.
2. A condition prohibiting the person from having any contact with the victim.
F. The judicial officer who authorizes the release of the person charged on his own recognizance or on bail shall do all of the following:
1. Issue an appropriate order containing statements of the conditions imposed.
2. Inform the person of the penalties that apply to any violation of the conditions of release.
3. Advise the person that a warrant for his arrest may be issued immediately on any violation of the conditions of release, including the failure to submit to deoxyribonucleic acid testing ordered pursuant to paragraph 4 of this subsection.
4. If the person is charged with a felony or misdemeanor offense listed in section 13‑610, subsection O, paragraph 3 and is summoned to appear, order the person to report within five days to the law enforcement agency that arrested the person or to the agency's designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction. If a person does not comply with an order issued pursuant to this paragraph, the court shall revoke the person's release.
G. At any time after providing notice to the victim pursuant to section 13‑4406, the judicial officer who orders the release of a person on any condition specified in this section or the court in which a prosecution is pending may amend the order to employ additional or different conditions of release, including either an increase or reduction in the amount of bail. On application, the defendant shall be entitled to have the conditions of release reviewed by the judicial officer who imposed them or by the court in which the prosecution is pending. Reasonable notice of the application shall be given to the county attorney and the victim.
H. Any information that is stated or offered in connection with any order pursuant to this section need not conform to the rules pertaining to admissibility of evidence in a court of law.
I. This section does not prevent the disposition of any case or class of cases by forfeiture of bail or collateral security if such disposition is authorized by the court.
J. A judicial officer who orders the release of a juvenile who has been transferred to the criminal division of the superior court pursuant to section 8‑327 or who has been charged as an adult pursuant to section 13‑501 shall notify the appropriate school district on the release of the juvenile from custody.
K. For the purposes of this section and section 13‑3968, "judicial officer" means any person or court authorized pursuant to the constitution or laws of this state to bail or otherwise release a person before trial or sentencing or pending appeal.
Sec. 2. Section 13-3968, Arizona Revised Statutes, is amended to read:
13-3968. Violation of conditions of release; hearing; standard for revocation of release conditions
A. Upon On a verified application by the prosecuting attorney alleging that a defendant charged with a felony has wilfully violated the conditions of his release, a judicial officer may issue a warrant directing that the defendant be arrested and taken forthwith before a superior court for hearing.
B. After a hearing and upon on a finding that the defendant has wilfully violated the conditions of his release, the court may impose different or additional conditions upon on the defendant's release. Upon On a finding of probable cause that the defendant committed a felony during the period of release, the defendant's release may be revoked. the court may not revoke the defendant's release unless the court, after considering all relevant circumstances, including the nature and seriousness of the violation or criminal act committed, finds clear and convincing evidence that no monetary bail, nonmonetary conditions of release or combination of monetary bail and release conditions would reasonably ensure the defendant's appearance in court when required, the protection of the safety of any other person or the community or that the defendant will not obstruct or attempt to obstruct the criminal justice process.
C. Nothing contained in This section shall not be construed to authorize the release of a person not bailable as a matter of right.
Sec. 3. Title 13, chapter 38, article 12, Arizona Revised Statutes, is amended by adding section 13-3970, to read:
13-3970. Statewide pretrial services program; risk assessment; requirements; program termination
A. The supreme court shall establish and maintain a Statewide Pretrial Services Program that provides pretrial services to effectuate the requirements of this article.
b. After a person is brought to a law enforcement agency for incarceration for a public offense that is bailable as a matter of right, The Pretrial Services Program shall conduct a risk assessment and make a recommendation to the judicial officer concerning an appropriate pretrial release decision pursuant to section 13‑3967. The risk assessment shall be completed and presented to the judicial officer so that the judicial officer, without unnecessary delay, may make a pretrial release decision pursuant to section 13‑3967.
c. The pretrial risk assessment must use a risk assessment instrument that is approved by the supreme court and that meets the following requirements:
1. Is objective, standardized and developed based on analysis of empirical data and risk factors relevant to the risk of failure to appear in court when required and the danger to the community while on pretrial release. The risk assessment instrument is not required to include factors specifically pertaining to the risk for obstructing or attempting to obstruct the criminal justice process.
2. Gathers demographic information about the person who is incarcerated, including race, ethnicity, gender, financial resources and socioeconomic status. Recommendations for pretrial release may not be discriminatory based on race, ethnicity, gender or socioeconomic status.
E. The program established pursuant to this section ends on July 1, 2027 pursuant to section 41‑3102.