 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
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. Makes technical changes.
4. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee of the Whole
1. Removes the restriction on probation termination for persons currently serving probation for a DCAC.
2. Makes conforming changes.
Senate Action
JUDE 1/27/26 W/D
PS 2/4/26 DP 4-3-0
Prepared by Senate Research
March 4, 2026
ZD/KJA/SDR/ci