ARIZONA HOUSE OF REPRESENTATIVES

SB 1503: S/E delinquent restitution; monthly report; hearing

PRIME SPONSOR: Senator Smith, LD 11

BILL STATUS: Judiciary & Public Safety

Abstract

Relating to restitution payments.

Provisions

1. Establishes a process for notifying the court if a probationer is delinquent in victim restitution by an amount that totals four full monthly payments. The notification must include:

a. The reasons for the delinquency, independently confirmed by the supervising probation officer;

b. The expected duration of the delinquency; and

c. A recommendation to hold a hearing or take no further action. (Sec. 1)

2. Requires the APD to include specific reasons, if it recommends no further action. (Sec. 1)

3. Requires a copy of the notification be provided to the state and to the victim, if requested. (Sec. 1)

4. Permits the prosecutor or victim to file a written objection to the recommendation, which must include reasons for the objection. The objection must be filed within 10 days of the notification. (Sec. 1)

5. Requires the court to hold a hearing:

a. If requested by the state or the victim; or

b. On its own motion. (Sec. 1)

6. Requires the hearing be held within 45 days if requested by the state or victim. (Sec. 1)

7. States a review hearing is not required if a petition to revoke probation or an order to show cause is filed. (Sec. 1)

8. Allows the court to take any action permitted by law at the hearing. (Sec 1)

9. Clarifies that this process does not preclude filing a petition to revoke or modify probation or an order to show cause. (Sec 1)

Current Law

A.R.S. § 13-804 outlines restitution for offenses causing economic loss. The court has sole discretion in ordering all or any portion of the fine imposed as restitution to be paid to any person who suffered an economic loss caused by the defendant's conduct.

In determining the amount of restitution, the court cannot consider the defendant's economic circumstances. After determining the amount of restitution, the court must:

· Specify the way the restitution is to be paid;

· Make reasonable efforts to contact any victim who has requested notice;

· Consider the views of the victim; and

· Consider the economic circumstances of the defendant.

A probation, parole or community supervision officer must report to the supervising court or BOEC if a defendant fails to make restitution in a timely manner and may revoke the defendant's probation, parole or community supervision, if there is reason to believe that court ordered restitution is not being made.

A.R.S. § 13-810 outlines consequences of nonpayment of restitution where the court, on motion of the prosecuting attorney, on petition of any person entitled to restitution or on its own motion must require the defendant to show cause why the default should not be treated as contempt.

A.R.S. § 13-4415 outlines when a victim must be notified of any probation modification, termination or revocation on request.

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Fifty-third Legislature                  SB 1503

Second Regular Session                               Version 1: Judiciary & Public Safety

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