HB2130 - 551R - I Ver

 

 

 

REFERENCE TITLE: intensive probation; requirements; modification

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

HB 2130

 

Introduced by

Representative Blackman

 

 

AN ACT

 

amending sections 13   913, 13   914, 13   916 and 13   917, Arizona Revised Statutes; relating to probation.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section  1.    Section 13-913, Arizona Revised Statutes, is amended to read:

START_STATUTE13-913.    Definition of intensive probation

In this chapter, unless the context otherwise requires, "intensive probation":

1.    Means a program established pursuant to this chapter of highly structured and closely supervised  probation which that emphasizes the payment of restitution individualized intervention for a person who is deemed appropriate for the program pursuant to section 13   914, subsection  B.

2.    Includes the payment of restitution, if applicable, as required pursuant to section 13   914, subsection F, paragraph 2. END_STATUTE

Sec.  2.    Section 13-914, Arizona Revised Statutes, is amended to read:

START_STATUTE13-914.    Intensive probation; evaluation; sentence; criteria; conditions

A.    An adult probation officer shall prepare a presentence report for every offender who has either:

1.    Been convicted of a felony and for whom the granting of probation is not prohibited by law.

2.    Violated probation by commission of a technical violation that was not chargeable or indictable as a criminal offense.

B.    The adult probation officer shall evaluate the needs of the offender and the offender's risk to the community, including the nature of the offense and criminal history of the offender.    If the nature of the offense and the prior criminal history of the offender indicate that the offender should be included in an intensive probation program pursuant to supreme court guidelines for intensive probation, the adult probation officer may recommend to the court that the offender be granted intensive probation.

C.    The court may suspend the imposition or execution of the sentence and grant the offender a period of intensive probation in accordance with this chapter.    Except for sentences that are imposed pursuant to section 13   3601, The suspension of sentence is tentative to the extent that it may be altered modified or revoked pursuant to this chapter, but for all other purposes it is a final judgment of conviction.    This subsection does not preclude the court from imposing a term of intensive probation pursuant to section 13   3601.

D.    When granting intensive probation the court shall set forth on the record the factual and legal reasons in support of the sentence.

E.    The court may only grant intensive probation to a person with high risk and high need who is eligible for a grant of probation.

E.    F.    Intensive probation shall be conditioned on the offender:

1.    Maintaining employment or full   time student status at a school subject to title 15 or title 32, chapter 30, or a combination of employment and student status, and making progress deemed satisfactory to the probation officer, or being involved in supervised job searches and community restitution work at least six days a week throughout the offender's term of intensive probation.

2.    Paying restitution. and

3.    Paying probation fees of not less than seventy-five dollars $75 unless, after determining the inability of the offender to pay the fee, the court assesses a lesser fee.   Probation fees shall be deposited in the adult probation services fund established by section 12   267.   Any amount assessed pursuant to this paragraph shall be used to supplement monies used for the salaries of adult probation and surveillance officers and for support of programs and services of the superior court adult probation departments.

3.    Establishing a residence at a place approved by the intensive probation team and not changing the offender's residence without the team's prior approval.

4.    Remaining at the offender's place of residence at all times except to go to work, to attend school, to perform community restitution and as specifically allowed in each instance by the adult probation officer.

5.    Allowing administration of drug and alcohol tests if requested by a member of the intensive probation team.

6.    Performing not less than forty hours of community restitution each month.   Offenders who are full   time students, employed or in a treatment program approved by the court or the probation department may be exempted or required to perform fewer hours of community restitution.    For good cause, the court may reduce the number of community restitution hours performed to not less than twenty hours each month.

4.    Paying monetary obligations imposed by the court.

7.    5.    Meeting Complying with any other conditions imposed by the court in order to meet the needs of the offender and limit the risks to the community, including participation in a program of community punishment authorized in title 12, chapter 2, article 11. END_STATUTE

Sec.  3.    Section 13-916, Arizona Revised Statutes, is amended to read:

START_STATUTE13-916.    Adult intensive probation teams; adult intensive probation officer qualifications; duties; case load limit

A.    The chief adult probation officer in each county, with approval of the presiding judge of the superior court, shall appoint adult intensive probation teams consisting of one adult probation officer and one surveillance officer, two adult probation officers or one adult probation officer and two surveillance officers.

B.    A two person intensive probation team shall supervise no more than twenty   five persons at one time, and a three person intensive probation team shall supervise no more than forty persons at one time.

C.    The adult intensive probation officers shall meet the bonding requirements and experience and education standards established pursuant to section 12   251.

D.    The adult intensive probation team may serve warrants on, make arrests of and bring before the court persons who have violated the terms of intensive probation.

E.    The adult intensive probation and surveillance officers both have the authority of a peace officer in the performance of their duties but are not eligible to participate in the public safety personnel retirement system.

F.    The adult intensive probation team shall:

1.    Secure and keep a complete identification record of each person who is being supervised by the team and a written statement of the conditions of the probation.

2.    Exercise close supervision and observation over persons sentenced to who are granted intensive probation pursuant to supreme court GUIDELINES.   The guidelines must including include both of the following:

(a)    Visual contact with each probationer at least four times per week or as otherwise deemed appropriate.

(b)    Weekly Verification of the probationer's employment.

3.    Obtain and assemble information concerning the conduct of persons sentenced to who are granted intensive probation, including weekly arrest records, and report the information to the court.

4.    Report to the court if the probationer engages in conduct constituting an offense.

5.    Bring a defaulting probationer who violates a term of intensive probation into court if, in the judgment of the adult intensive probation officer, the probationer's conduct justifies revoking the intensive probation.

6.    Monitor the payment of restitution, monetary obligations and probation fees and bring into notify the court of any probationer who fails to pay restitution, monetary obligations or fees.

7.    Perform any other responsibilities required by the terms and conditions imposed by the court. END_STATUTE

Sec.  4.    Section 13-917, Arizona Revised Statutes, is amended to read:

START_STATUTE13-917.    Modification of supervision

A.    The adult probation officer shall periodically examine the risk and needs of each person granted intensive probation and the risks of modifying the level of supervision of the person.    The court or the adult probation officer may at any time modify the level of intensive probation supervision of a person granted intensive probation., or The court may transfer the person to supervised standard probation or terminate the period of intensive probation pursuant to section 13   901, subsection E.

B.    The court may issue a warrant for the arrest of a person granted intensive probation.    If the person commits an additional offense or violates a condition of probation, the court may revoke intensive probation at any time before the expiration or termination of the period of intensive probation.    If a petition to revoke the period grant of intensive probation is filed and the court finds that the person has committed an additional felony offense or has violated a condition of intensive probation which poses that posed a serious threat or danger to the community, the court shall revoke the period grant of intensive probation and impose a term of imprisonment as authorized by law.    If the court finds that the person has committed a violation of a condition of intensive probation that posed a serious threat or danger to the community, the court shall revoke the grant of intensive probation and impose a term of imprisonment as authorized by law.   If the court finds that the person has violated any other condition of intensive probation, it shall the court may modify the conditions of intensive probation as appropriate or shall may revoke the period grant of intensive probation and impose a term of imprisonment as authorized by law.

C.    The court shall notify the prosecuting attorney parties, and the victim on request, of any proposed modification of the terms of a person's intensive probation if that modification will substantially affect the person's contact with or safety of the victim or if the modification involves restitution or incarceration status. END_STATUTE

Statutes affected:
Introduced Version: 13-913, 13-914, 13-916, 13-917