ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: JUD DPA 8-0-0-0 | 3^rd Read 28-0-2-0 House: JUD DPA 10-0-0-0

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SB 1412: probation; prisoners; protective orders

Sponsor:  Senator Kerr, LD 13

House Engrossed

Overview

Allows a victim to ask the court for an injunction against harassment at the time probation is terminated or community supervision or parole is granted.

History

The court may suspend a sentence if a person who is convicted of an offense is eligible for probation. The court may, either on its own initiative or on the application of a probationer, decide to terminate probation or intensive probation early. The court must provide an opportunity for the prosecuting attorney and victim to be heard and may only end the period of probation if doing so advances the ends of justice and if the conduct of the probationer warrants it (A.R.S. § 13-901).

The Board of Executive Clemency (BEC) may grant a prisoner convicted of possession or use of a drug parole or community supervision if, at the sole discretion of the BEC, there is a substantial probability the prisoner will not violate the law and the release is in the best interest of the people of the state. The BEC may condition a grant of parole or community supervision on participation in an appropriate drug treatment or education program (A.R.S. § 31-411.01).

An injunction against harassment is a court order that prohibits the defendant from harassing the individual and restrains the defendant from contacting the plaintiff or coming near the residence, workplace or school of the plaintiff. Harassment is a series of actions that cause alarm or annoyance or an act of sexual violence. It also includes unlawful picketing or similar offenses (A.R.S. § 12-1809).

Provisions

1. Allows, the court to prohibit the defendant from contacting the victim, by issuing an injunction if necessary, if the victim requests before the court terminates probation or intensive probation early. (Sec. 2)

2. Requires the court to serve an injunction against harassment on the defendant before ending probation or intensive probation. (Sec. 2)

3. Directs the BEC to prohibit a prisoner to be released on parole or community supervision from contacting the victim, on the request of that victim. (Sec. 3)

4. Permits the BEC to inform the victim of the ability to petition the court for an injunction against harassment. (Sec. 3)

5. Adds any contact by a defendant with the victim of a crime to the definition of harassment. (Sec. 1)

6. Defines crime (Sec. 1)

7. Makes technical and conforming changes. (Sec. 1, 2, 3)

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11.                   SB 1412

12. Initials LC/AF        Page 0 House Engrossed

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