Assigned to COMPS AS
PASSED BY HOUSE
Assigned to COMPS AS
PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
delinquent restitution; monthly report; hearing
(NOW: delinquent restitution; procedure)
As passed by the Senate, S.B. 1503 requires courts to conduct review hearings after six missed restitution payments to determine whether there is cause to find a defendant in contempt and establishes related reporting requirements.
The House of Representatives adopted a strike-everything amendment that does the following:
Purpose
Requires the adult probation department supervising a probationer to provide a recommendation to the court about whether to hold a review hearing after an arrearage equal to four monthly restitution payments. Specifies review hearing procedures.
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 are 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 the adult probation department that is supervising a probationer to notify the court when the probationer misses the equivalent of four full monthly restitution payments.
2. Requires the notification to include:
a) the reason for the arrearage;
b) the expected duration of the arrearage; and
c) a recommendation to the court that either further action is not warranted, including specific reasons, or that a review hearing should be held.
3. Requires a copy of the notification to be provided to the state and, if the victim has requested notice, to the victim.
4. Permits a prosecutor or a victim to file a written objection to the recommendation within 10 days of receipt that includes the reasons for the objection.
5. Requires a court to hold a hearing on request by the state or the victim, or on its own motion after considering the notification from the probation department, and any objection filed.
6. Requires a hearing to be held within 45 days after a request by the state or the victim.
7. Permits a court to take any action that is permitted by law at a review hearing.
8. Stipulates that a review hearing is not required if a petition to revoke probation or an order to show cause is filed.
9. Stipulates that the changes do not preclude the filing of a petition to revoke or modify probation or an order to show cause.
10. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
· Adopted a strike-everything amendment relating to delinquent restitution payments.
Senate Action House Action
COMPS 2/12/18 DP 5-3-1 JPS 3/21/18 DPA/SE 5-4-0-0
3rd Read 2/22/18 17-13-0 3rd Read 4/05/18 34-25-1
Prepared by Senate Research
April 9, 2018
GH/VR/lb