Assigned to JUDE                                                                                                                   FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2046

 

annual probation review; prehearing; notification

Purpose

Adds prehearings for probation reviews of certain probationers to the probation hearings for which notification must be provided to specified individuals.

Background

The court must conduct a probation hearing, if requested by the probationer, at least once per year if the probationer is under 22 years old and committed an offense requiring the person to register as a sex offender when the person was under 18 years old. The prosecutor, attorney for the probationer, any victim, the victim's attorney and the probationer's probation officer must be notified of the probation hearing. After hearing from the individuals notified and present at the probation hearing, the court must consider whether to: 1) continue, modify or terminate probation; 2) continue to require, suspend or terminate the probationer's sex offender registration; and
3) continue, defer or terminate community notification requirements for persons on the sex offender registry. The court may hold a prehearing involving the individuals who are to be notified of the probation hearing to discuss and advise the court on the outlined considerations relating to the probationer's probation, registration and community notifications (A.R.S. § 13-923).

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

Provisions

1.   Adds prehearings for probation reviews of persons under 22 years old who committed an offense requiring the person to register as a sex offender when the person was under 18 years old to the probation hearings for which notification must be provided to the:

a)   prosecutor;

b)   probationer's attorney;

c)   probation officer;

d)   any victim; and

e)   victim's attorney.

2.   Makes technical changes.

3.   Becomes effective on the general effective date.

House Action                                                          

JUD                 1/21/26      DP       9-0-0-0              

3rd Read          2/2/26                    56-0-4                

Prepared by Senate Research

February 27, 2026

ZD/KS/mg