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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
dangerous crimes against children; probation
Purpose
An emergency measure that prohibits the early termination or modification of a period of probation that is imposed in a conviction for a dangerous crime against children (DCAC).
Background
If a person who
has been convicted of an offense is eligible for probation, the court may
suspend the imposition or execution of their sentence and must, without delay,
place the person on intensive probation supervision or supervised or
unsupervised probation on such terms and conditions as the law requires and the
court deems appropriate, including participation in any community punishment
programs. The court, on its own initiative or on application of the
probationer, may terminate the period of probation earlier than the sentence
originally imposed if the court determines that justice will be served, the
conduct of the probationer warrants it, and the prosecuting attorney and victim
have been presented with the opportunity to be heard (A.R.S.
§ 13-901).
Statute provides
certain probationers the opportunity to have their term of probation modified
or terminated by the court if the probationer: 1) is under 22 years old; 2) was
under 18 years old at the time of the offense; and 3) is required to register as
a sex offender. The court must conduct a hearing at least once a year for such
a probationer if the hearing is requested (A.R.S.
§ 13-923). The court may also adjust a probation period for earned time
credit or work time credit if a probationer has fulfilled all necessary
obligations, unless the probationer is serving lifetime probation, is required
to register as a sex offender or was convicted of specified offenses (A.R.S.
§ 13-924).
DCACs include various serious crimes and sexual offenses committed against a minor who is under 15 years old, including: 1) second degree murder; 2) aggravated assault; 3) sexual assault; 4) sexual conduct with a minor; 5) sexual abuse; 6) sex trafficking; and 7) luring and aggravated luring of a minor for sexual exploitation (A.R.S. § 13-705).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the court from terminating the period of probation or intensive probation earlier than what was originally imposed if the defendant was convicted of a DCAC.
2. Prohibits a probationer from receiving earned time credit or work time credit toward their period of probation if the probationer is serving probation for a DCAC.
3. Applies restrictions on probation termination to persons currently serving a term of lifetime probation for a DCAC and persons placed on lifetime probation for a DCAC after the effective date of this act.
4. Makes technical changes.
5. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Prepared by Senate Research
January 16, 2026
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