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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
probation; transfer
Purpose
Requires the supervising
probation department to courtesy transfer a probationer's intensive probation
supervision or supervised probation to the county in which the probationer is
requesting to reside, if the probationer can provide proof of: 1) family care giver
obligations;
2) employment or housing; or 3) an offer of employment or housing that will assist in the probationer's positive
behavioral change.
Background
Intensive
probation means a program of highly structured and closely supervised
probation that emphasizes individualized intervention for a person who is
deemed appropriate for the program. Includes the payment of restitution as
required. Intensive probation must be conditioned on the offender: 1)
maintaining employment or full-time student status or a combination of
employment and student status; 2) paying restitution; 3) paying probation fees
of not less than $75 unless the court assesses a lesser fee; 4) paying monetary
obligations imposed by the court; and
5) complying with any other conditions imposed by the court (A.R.S. §§ 13-913
and 13-914).
If the court imposes a term of probation, the court may require the defendant to report to a probation officer. The court or the defendant's probation officer may allow the defendant to fulfill a reporting requirement through remote reporting. The probation officer may take into consideration and make accommodations for the probationer's work schedule, family caregiver obligations, substance abuse treatment or recovery program, mental health treatment, transportation availability and medical care requirements before setting the reporting time and location requirements for the probationer (A.R.S. § 13-901).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
a) family care giver obligations;
b) employment or housing; or
c) an offer of employment or housing that will assist in the probationer's positive behavioral change.
2. Requires a probationer make a written request to the supervising probation department to proceed with courtesy transfer.
3. Requires the supervising probation department to:
a) confirm details of the probationer's employment, housing or family caregiving plans;
b) review any victim safety concerns and ensure compliance with the victim's bill of rights; and
c) submit the request for permission to proceed to the receiving county within seven business days after receipt.
4. Requires the receiving probation department to, after verifying information published by the sending probation department, provide the sending probation department with permission for transfer within seven business days after receipt unless the receiving probation department:
a) finds the basis for the transfer plan to be not factual; or
b) finds the transfer will endanger the probationer's victim.
5. Allows for the probationer to be transferred back to the county in which probation was originally imposed for revocation hearings or by court order.
6. Makes technical changes.
7. Becomes effective on general effective date.
Amendments Adopted by Committee
1. Specifies that probationers can be transferred from counties, rather than jurisdictions.
2. Specifies a probationers transfer request must be a written transfer request.
3. Requires the supervising probation department to complete outlined requirements before proceeding with a probationer's courtesy transfer to the receiving county.
4. Expands requirements for the receiving probation department.
5. Allows a probationer to be returned to the county where the probationer was originally imposed, under certain conditions.
Senate Action
JUD 02/08/24 DPA 7-0-0
Prepared by Senate Research
February 8, 2024
ZD/KK/cs