SB1092 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-901, Arizona Revised Statutes, is amended to read:

START_STATUTE13-901. 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 $65 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 assessed pursuant to this subsection shall be used to supplement monies 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 Arizona 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. The court may not terminate the period of probation or intensive probation earlier than that originally imposed if the defendant was convicted of a dangerous crime against children as defined in section 13-705.

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 allowed under chapter 7 of this title, whichever is the shorter.

G. If the defendant is placed on lifetime probation and has served one year in the county jail as a term of probation, the court may require that the defendant be additionally imprisoned in the county jail at whatever time or intervals, consecutive or nonconsecutive, the court shall determine, within the period of probation if the defendant's probation is revoked by the court and the defendant is subsequently reinstated on probation. The period actually spent in confinement as a term of being reinstated on probation shall not exceed one year or, when including the initial one-year period of incarceration imposed as a term of probation, the maximum period of imprisonment allowed under chapter 7 of this title, whichever is shorter.

H. 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.

I. 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.

J. 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.

K. 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 shall 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.

L. If a probationer makes a written request to the supervising probation department to courtesy transfer the probationer's intensive probation supervision or supervised probation to another county in this state with the intent to reside in that county and provides proof of family caregiver obligations, employment or housing, or an offer of employment or housing that will assist in the probationer's positive behavioral change, the supervising probation department shall do all of the following:

1. Confirm the details of the probationer's employment, housing or family caregiving plans.

2. Review any victim safety concerns and ensure compliance with the victims' bill of rights.

3. Submit the request for permission to proceed to the receiving county within seven business days after receipt.

M. After verifying the information submitted by the sending probation department pursuant to subsection L of this section, the receiving probation department shall provide the sending probation department with permission for the probationer to proceed to the receiving county within seven business days after receipt unless the receiving probation department finds the basis for the plan is not factual or the transfer will endanger the victim.

N. If a probationer's intensive probation supervision or supervised probation is courtesy transferred to another county pursuant to subsection L of this section and the probationer subsequently violates the terms of the probationer's probation or commits an additional offense while on probation, the probation department in the county in which the probation violation or additional offense occurred may not return the probationer's intensive probation supervision or supervised probation back to the county in which the probationer's probation was originally imposed except for revocation hearings or an order of the court. END_STATUTE

Sec. 2. Section 13-923, Arizona Revised Statutes, is amended to read:

START_STATUTE13-923. Persons convicted of sexual offenses; annual probation review hearing; report; notification

A. If requested by the probationer, the court shall conduct a probation hearing at least once a year for a probationer who is under twenty-two years of age and who was convicted of an offense that occurred when the person was under eighteen years of age and that requires the probationer to register pursuant to section 13-3821.

B. This section does not preclude the court from conducting more than one probation review hearing each year.

C. The probation department that is supervising the probationer shall prepare a probation report and submit the report to the court prior to before the hearing.

D. The following individuals shall be notified of the hearing:

1. A prosecutor.

2. An attorney for the probationer.

3. Any victim or victim's attorney who has a right to be present and heard pursuant to the victims' bill of rights, article II, section 2.1, of the constitution of this state Arizona, title 13, chapter 40 of this title or court rule.

4. The probation officer supervising the probationer.

E. At the hearing, after hearing from those present pursuant to subsection D of this section, the court shall consider the following:

1. Whether to continue, modify or terminate probation. The court may not terminate the period of probation earlier than that originally imposed if the probationer was convicted of a dangerous crime against children as defined in section 13-705.

2. Whether to continue to require, to suspend or to terminate the probationer's registration pursuant to section 13-3821.

3. Whether to continue, defer or terminate community notification pursuant to section 13-3825.

F. The court may hold a prehearing involving the persons listed in subsection D of this section to discuss and advise the court concerning the issues listed in subsection E of this section. END_STATUTE

Sec. 3. Section 13-924, Arizona Revised Statutes, is amended to read:

START_STATUTE13-924. Probation; earned time credit; work time credit; applicability; definitions

A. The court may adjust the period of a probationer's supervised probation on the recommendation of an adult probation officer for earned time credit or work time credit.

B. Earned time credit equals twenty days for every thirty days that a probationer does all of the following:

1. Exhibits positive progression toward the goals and treatment of the probationer’s case plan.

2. Is current on payments for court ordered court-ordered restitution and is in compliance with all other nonmonetary obligations.

3. Is current in completing community restitution.

C. Work time credit equals thirty days for every thirty days that a probationer does all of the following:

1. Is engaged in eligible employment. A probationer must provide supporting documentation to the supervising probation officer within five business days after completing thirty days of eligible employment. The supervising probation officer must verify the probationer's employment through the supporting documentation that is provided by the probationer and by any other means that the court determines is necessary to verify the work, including site visits and telephonic verification. The probation officer must document any request for work time credit that is denied.

2. Exhibits positive progression toward the goals and treatment of the probationer's case plan.

3. Is current on payments for court-ordered restitution and is in compliance with all other nonmonetary obligations.

4. Is current in completing community restitution.

D. Any earned time credit and work time credit awarded pursuant to this section shall be revoked if a probationer is found in violation of a condition of probation.

E. This section does not apply to a probationer who is currently:

1. On lifetime probation.

2. On probation for any class 2 or 3 felony.

3. On probation exclusively for a misdemeanor offense.

4. Required to register pursuant to section 13-3821.

5. On probation for a dangerous crime against children as defined in section 13-705.

F. This section has no effect on the ability of the court to terminate the period of probation or intensive probation pursuant to section 13-901, subsection E at a time earlier than originally imposed.

G. For the purposes of this section:

1. "Eligible employment" means any occupation or combination of occupations for which a person can provide supporting documentation verifying at least one hundred thirty wage-earning hours in any thirty-day period.

2. "Supporting documentation" means an employment record, pay stub, employment letter, contract or other reliable means of verifying employment. END_STATUTE

Sec. 4. Applicability

This act applies to a person who is currently serving a term of lifetime probation for a dangerous crime against children on the effective date of this act and to a person who commits an offense involving a dangerous crime against children and who is placed on lifetime probation on or after the effective date of this act.

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.