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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
probation; prisoners; protective orders
Purpose
Allows a victim to seek a protective order against a person at the time that person is seeking to have probation terminated or be placed on community supervision or parole.
Background
The court, on its own initiative or on application of the probationer, may terminate the period of probation or intensive probation and discharge a defendant at a time earlier than that originally imposed. A victim may request notice and an opportunity to be heard before the court terminates probation or intensive probation. In order to terminate the period of probation, the court must find that the ends of justice will be served and the conduct of the defendant on probation warrants the early termination (A.R.S. § 13-901).
Prisoners who are eligible for parole or community supervision must be released on parole or community supervision if the Board of Executive Clemency (BEC) determines that there is a substantial probability that the prisoner will remain at liberty without violating the law and the release is in the best interest of the people of Arizona. If a prisoner is released on parole or community supervision, the BEC must order that as a condition of parole or community supervision, the person participate in an appropriate drug treatment or education program that is administered by a qualified agency, organization or individual approved by the Department of Health Services and that provides treatment or education to persons who abuse controlled substances (A.R.S. § 31-411.01).
An injunction against harassment is a protective order issued by a court that prohibits a party from having specified contact with the petitioner. In order for the court to grant an injunction against harassment, the party who request the injunction must first file a written verified petition. Harassment is defined as: 1) a series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose; or 2) one or more acts of sexual violence (A.R.S. § 12-1809).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court, on request of a victim and before the court terminates a defendant's period of probation or intensive probation early, to determine whether to prohibit the defendant from contacting the victim and, if necessary, issue an injunction against harassment against the defendant.
2. Requires the court, if it grants the protective order, to inform the defendant of the order before terminating the period of probation or intensive probation.
3. Requires the BEC, on request of a victim, to prohibit the prisoner from contacting the victim as a condition of parole or community supervision.
4. Allows the BEC to request that the court in the county where the person is being released issue an injunction against harassment prohibiting the person from contacting the victim.
5. Allows an injunction against harassment to be issued at the time a party makes a request when the other party is seeking to:
a) terminate probation or intensive probation; or
b) be placed on parole or community supervision.
6. Adds to the definition of harassment, for purposes of an injunction against harassment, any contact if the person is the victim of a crime that was committed by the defendant.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2021
JA/kja