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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
probation records; disclosure; exemptions
Purpose
Deems all probation records to be public records that must be disclosed on request unless exempted to protect outlined information and authorizes the imposition of civil penalties and the right to appeal.
Background
All officers and public bodies must maintain all records reasonably necessary or appropriate to maintain an accurate knowledge of the officer's or body's activities and of any activities that are supported by state monies. Each public body is responsible for the preservation, maintenance, care and protection of the body's public records. Any person may request to examine or be furnished public records during regular office hours or through a mailed copy. A person may request an index of records that have been withheld and the reasons for the withholding. A custodian may not include information in the index that is expressly made privileged or confidential by law or court order (A.R.S. § 39-121.01).
Records in all courts and administrative offices of the Judicial Department of Arizona are presumed to be open to any member of the public for inspection or to obtain copies at any time during regular office hours. In the interest of confidentiality, privacy or the best interests of the state, public access to some court records may be restricted or expanded by rule or by law. All case records are open to the public except as may be closed by law or rule, which include adult criminal history records, probation supervision histories and other records maintained as the work product of pretrial services staff, probation officers and other staff for use by the court. Probation office records may be open to the public if: 1) ordered by the court; 2) filed with the clerk of court or attached to any filed document and not segregated and identified as being closed or confidential; or 3) considered or used for any purpose in open court proceedings unless restricted by law or sealed by the court (Ariz. Sup. Ct. R. 123).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts, notwithstanding any other law, adult probation departments, adult probation officers and community supervision units from laws governing access to records of the Judicial Branch.
2. Deems, notwithstanding any other law, all probation records to be public records that must be disclosed on request unless outlined conditions apply.
3. Requires probation records to be redacted to protect outlined information or, if protection is not possible through redaction, withheld to protect:
a) victim information, including the victim's name, address, telephone number and personal identifying information;
b) identifying information of minors;
c) medical, psychological or counseling records;
d) active criminal investigations; and
e) the identity of a confidential informant.
4. Requires a probation department, if a probation record is withheld, to:
a) provide a written explanation within 10 business days;
b) cite the statute that justifies the nondisclosure; and
c) inform the requester of the right to appeal.
5. Allows a person to appeal the withholding of a probation record to the court.
6. Requires the court to set a hearing on an action to appeal within 20 business days after the request is filed.
7. Allows a court to impose civil penalties and award attorney fees for a violation of the outlined requirements for probation records.
8. Defines probation records as including:
a) probation violation reports and histories;
b) internal directives, policy manuals and supervision protocols;
c) risk assessment tools and criteria;
d) case management summaries;
e) audit reports, inspection reports and performance reviews;
f) communications between probation officers and supervising agencies;
g) revocation filings and outcomes; and
h) data on high-risk cases, absconders, failures to appear and interventions.
9. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2026
KJA/SDR/hk