ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
intensive probation; requirements; modification
Purpose
Modifies the intensive probation responsibilities of the court, probation officers and probationers.
Background
Statute defines intensive probation as a program of highly structured and closely supervised probation that emphasizes the payment of restitution (A.R.S. 13-913). Intensive probation requires the offender to: 1) maintain employment or full-time student status at a school or both and make progress deemed satisfactory to the probation officer, or be involved in supervised job searches and community restitution work at least six days a week throughout the offender's term of intensive probation; 2) pay restitution and probation fees of not less than $75 unless, after determining the inability of the offender to pay the fee, the court assesses a lesser fee; 3) establish a residence at a place approved by the intensive probation team and not change the offender's residence without the team's prior approval; 4) remain at the offender's place of residence at all times except to go to work, attend school and perform community restitution with the permission of the adult probation officer; 5) allow administration of drug and alcohol tests if requested by a member of the intensive probation team; 6) perform no less than 40 hours of community restitution each month or, if exempted due to full-time student status or participation in an employment or treatment program approved by the court or the probation department, no less than 20 hours of community restitution each month; and 7) meet any other conditions imposed by the community, including participation in a program of community punishment (A.R.S. 13-914).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the court to modify or revoke the suspension of sentence for sentences imposed for domestic violence offenders placed on intensive probation.
2. Requires, for the court to grant intensive probation to a person, that the person:
a) has high risk and high need; and
b) is eligible for a grant of probation.
3. Removes the requirement that a person on intensive probation:
a) establish a residence at a place approved by the intensive probation team and not change the offender's residence without the team's prior approval;
b) remain at the offender's place of residence except to go to work, attend school and perform community restitution if approved by the probation officer in each instance;
c) allow administration of drug and alcohol tests if requested by a member of the intensive probation team;
d) perform at least 40 hours of community restitution each month, with exceptions; and
e) participate in a program of community punishment.
4. Adds paying monetary obligations imposed by the court to conditions of intensive probation.
5. Modifies the definition of intensive probation to emphasize individualized intervention for a person who is deemed appropriate for the program and include, rather than emphasize, the payment of restitution, if applicable.
6. Allows the adult intensive probation team to determine an appropriate frequency for visual contact with each probationer other than four times per week, as is recommended.
7. Allows the adult probation officer, in addition to the court, to modify the level of intensive probation supervision at any time.
8. Requires the court to notify both parties, rather than only the prosecuting attorney, of any proposed modification of the terms of a person's intensive probation if:
a) the modification will substantially affect the person's contact with or the safety of the victim; or
b) the modification involves restitution or incarceration status.
9. Removes the requirement that verification of the probationer's employment occur weekly.
10. Removes the requirement that the adult intensive probation team obtain and assemble weekly arrest records.
11. Requires the adult intensive probation team to, rather than bring the probationer into court, notify the court of any probationer who fails to pay restitution or fees.
12. Requires the adult intensive probation team to monitor the payment of monetary obligations, in addition to restitution or fees, and notify the court of any probationer who fails to pay monetary obligations, in addition to restitution or fees.
13. Requires the adult probation officer to periodically examine the risk, in addition to the needs, of each person granted intensive probation.
14. Removes the authority of the court to:
a) issue a warrant for the arrest of a person granted intensive probation; and
b) revoke intensive probation at any time before the expiration or termination of the period of intensive probation if the person commits an additional offense or violates a condition of probation.
15. Removes the stipulation that a sentence is tentative to the extent that it may be altered or revoked but is, for all other purposes, a final judgment of conviction.
16. Makes conforming and technical changes.
17. Becomes effective on the general effective date.
House Action
CJR 1/27/21 DP 9-0-0-0
3rd Read 2/4/21 52-6-1-0-1
Prepared by Senate Research
March 23, 2021
JA/RC/gs