Assigned to COMPS FOR
COMMITTEE
Assigned to COMPS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
delinquent restitution; monthly report; hearing
Purpose
Requires courts to conduct review hearings after three missed restitution payments to determine whether there is cause to find a defendant in contempt and establishes related reporting requirements.
Background
If a defendant who is ordered to pay restitution defaults in the payment of the restitution or of any installment as ordered, the court must require the defendant to show cause as to why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance. If the court finds that the defendant has willfully failed to pay a fine, a fee, restitution or incarceration costs, or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following: 1) order the defendant incarcerated in the county jail until all or part of the fine, fee, restitution or incarceration costs is paid; 2) revoke the defendant's probation, parole or community supervision and sentence the defendant to prison pursuant to law; 3) issue a writ of criminal garnishment; or 4) order the defendant to perform community restitution (A.R.S. § 13-810).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a court clerk to transmit a monthly report to the probation department and each supervising court that includes the name and case number of every defendant who is supervised by that court, has been placed on probation and is delinquent in payment of restitution or any installment ordered by the court.
2. Requires the supervising probation officer of a defendant who has failed to make three or more consecutive payments as required by a condition of probation to provide notice to the supervising court.
3. Requires a court to conduct a review hearing within 30 days after receiving notice to determine whether there is cause to find the defendant in contempt and impose a sanction.
4. Requires a civil contempt hearing to commence within 30 days after the review hearing and comply with the Arizona Rules of Civil Procedure for civil contempt.
5. Requires a criminal proceeding to commence within 30 days after the review hearing and comply with the Arizona Rules of Criminal Procedure for criminal contempt.
6. Makes technical corrections
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2018
GH/VR/lb