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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
House: CJR DP 9-0-0-0 |
HB 2130: intensive probation; requirements; modification
Sponsor: Representative Blackman, LD 6
Caucus & COW
Overview
Modifies the conditions of intensive probation and the responsibilities of intensive probation teams.
History
Intensive probation is a program of highly structured and closely supervised probation, emphasizing the payment of restitution (A.R.S. § 13-913). It is a program primarily available to those convicted of a felony and eligible for parole or those who violated probation through a technical violation that is not chargeable or indictable as a criminal offense. The court grants intensive probation based on the analysis of the risk to the community and the offender’s needs as determined by the adult probation officer.
Intensive probation can be revoked for any of the following reasons:
1) The probationer commits an additional offense or violates a condition of probation;
2) The probationer commits an offense that poses a serious threat or danger to the community (A.R.S. § 13-917); and
3) The probationer willfully fails to pay any fines, surcharges, fees, restitution or incarceration costs or intentionally refuses to make an effort to collect the money for these payments (A.R.S. § 13-915).
In the event that intensive probation is modified, the court is required to notify the prosecuting attorney and the victim on request provided that the modification substantially affects the probationer’s contact with the victim, the safety of the victim, restitution or incarceration status (A.R.S. § 13-917).
Provisions
1. Requires the court to only grant intensive probation to an individual who is a high risk, high need and is eligible for a grant of probation. (Sec. 2)
2. Removes the following stipulations from the conditions of intensive probation:
a) Required residence at a location approved by the intensive probation team and only relocating from the residence with approval from the intensive probation team;
b) Remaining inside the residence at all times except when working, attending school performing community restitution or as specifically approved by the intensive probation team;
c) Submitting to drug and alcohol tests as requested by the intensive probation team;
d) Performing not less than 40 hours of community service except as exempted by the court or intensive probation team; and
e) Participating in a program of community punishment if required by the court as a condition of intensive probation. (Sec. 2)
3. Adds paying monetary obligations imposed by the court as a condition of intensive probation (Sec. 2)
4. Alters the following responsibilities of the intensive probation team:
a) Allows the intensive probation team to determine the appropriate number of instances of visual contact with each probation member per week;
b) Modifies frequency of verification of employment;
c) Removes the requirement that weekly arrest records must be included in the information that is collected about the individuals granted intensive probation and reported to the court;
d) Requires the monitoring of the payment of monetary obligations to the court by the probationer; and
e) Mandates the intensive probation team to notify the court instead of bringing the probationer into court if the probationer fails to pay restitution, monetary obligations or fees. (Sec. 3)
5. Allows the court and the adult probation officer to modify the level of intensive probation supervision. (Sec. 4)
6. Clarifies only the court may transfer the person to standard probation or terminate the period of intensive probation. (Sec. 4)
7. States the grant of intensive probation must be revoked and the court impose a term of imprisonment if the person commits a violation of a condition posing a serious threat or danger to the community. (Sec. 4)
8. Mandates that the court shall notify the parties of any proposed modification to the terms of an individual’s probation provided that the modification has the potential to affect the probationer’s contact with the victim, the safety of the victim, restitution status or incarceration status. (Sec. 4)
9. Redefines intensive probation to mean a highly structured and closely supervised probation emphasizing individual intervention for people deemed appropriate for the program and includes the payment of restitution. (Sec. 1)
10. Makes technical and conforming changes. (Sec. 1, 2, 3, 4)
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HB 2130
Initials LC/PN Page 0 Caucus & COW
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