Assigned to JUDE                                                                                                                   FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1662

 

probation supervision; least restrictive conditions

Purpose

Requires the court or a probation officer to impose the least restrictive conditions of probation that are reasonably necessary to assist a defendant in abiding by the law, protect public safety and promote the defendant's rehabilitation.

Background

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 must, without delay, place the person on intensive probation supervision, 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. 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 must take into consideration and make accommodations for the probationer's work schedule, family caregiver obligations, substance abuse treatment or recovery programs, mental health treatments, transportation availability and medical care requirements before setting the reporting time and location requirements for the probationer (A.R.S. § 13-901).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires the court or a probation officer to impose the least restrictive conditions of probation that are reasonably necessary to:

a)   assist the defendant in leading a law-abiding life;

b)   protect public safety; and

c)   promote the defendant's rehabilitation.

2.   Requires the conditions of probation imposed on a defendant to be informed by the defendant's criminogenic risk and needs as established by a validated risk assessment tool.

3.   Instructs the court or the probation officer to:

a)   consider waiving any condition that is unnecessary to assist the defendant and protect public safety, before imposing a standard condition of probation;

b)   consider all information that is properly presented to the court before imposing a special condition of probation to determine if the special condition is more restrictive than is necessary to assist the defendant and protect public safety; and

c)   ensure that all conditions of probation are individually determined and narrowly tailored to the defendant.

4.   Stipulates that if a presentence report is prepared, the conditions of probation imposed on the defendant must be informed by the findings of the presentence report.

5.   Makes technical and conforming changes.

6.   Becomes effective on the general effective date.

Prepared by Senate Research

February 13, 2026

ZD/KS/ci