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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DPA 5-0-2-0 | Third Read 27-2-1-0-0House: JUD W/D | GOV DP 7-0-0-0 |
SB 1662: probation supervision; reasonably necessary conditions
Sponsor: Senator Bolick, LD 2
Caucus & COW
Overview
Instructs the court, if probation is granted, to only impose conditions of probation that are reasonably necessary, individually tailored and serve specific purposes.
History
At any time during the probationary term, any probation officer without warrant or other process can rearrest the individual under probation and bring the individual before the court at any time until the case's final disposition. Under its discretion, the court can also issue a warrant for the defendant's rearrest and can modify or add to the conditions of probation before the probation's expiration. If the defendant commits an additional offense or violates a condition, the court can issue a warrant for the defendant's rearrest and can revoke probation. Moreover, at the time of granting probation, the court can require that the defendant be imprisoned in the county jail at whatever time or intervals the court determines, as long as the time spent in confinement does not except one year or the maximum period allowed in statute relating to sentencing and imprisoning (A.R.S. § 13-901).
Generally, the probation period, unless terminated sooner, may continue as follows: 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 class 2 misdemeanor, two years; and 7) for a class 3 misdemeanor, one year (A.R.S. § 13-902).
Provisions
1. Directs the court or a probation officer, if probation is granted, to impose only conditions of probation that are reasonably necessary, individually determined and narrowly tailored to the following:
a. assist the defendant in leading a law-abiding life;
b. protect public safety; and
c. promote the defendant's rehabilitation. (Sec. 1)
2. Requires the conditions of probation that are imposed to be informed by the defendant's criminogenic risk and needs as established by a validated risk assessment tool. (Sec. 1)
3. Instructs the court or probation officer to:
a. consider waiving any standard condition of probation that is not reasonably necessary to achieve the aforementioned purposes of probation before imposing a standard condition of probation; and
b. consider all information that is properly presented to the court before imposing a special condition of probation and determine if the condition is more restrictive than is reasonably necessary to achieve the aforementioned purposes of probation. (Sec. 1)
4. Prohibits the court or probation officer from imposing a special condition of probation unless the special condition is supported by the record. (Sec. 1)
5. Requires the conditions of probation imposed to be informed by the findings of the presentence report in the case that one was prepared. (Sec. 1)
6. Makes technical and conforming changes. (Sec. 1-4)
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10. Initials ML/MN SB 1662
11. 3/25/2026 Page 0 Caucus & COW
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