ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session

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HB 2055: probation; work time credits; reporting.

Sponsor: Representative Bliss, LD 1

Committee on Judiciary

Overview

Allows a court to consider work time credit as a basis to adjust a probationer's supervised probation period. Specifies a process for a probationer to report to a probation officer. Contains a delayed effective date of January 1, 2024.

History

Current law allows a court to suspend a convicted person's sentence and place the person on a period of probation. A court may also terminate probation early under certain circumstances (A.R.S. § 13-901).

Statute authorizes a court to consider earned time credit as a basis to adjust a probationer's supervised probation period if recommended by an adult probation officer. Earned time credit equals 20 days for every 30 days that a probationer exhibits positive progression toward the probationer's case plan and is current on certain monetary and nonmonetary obligations. An adjustment for earned time credit does not apply to a probationer who is:

1) On lifetime probation;

2) On probation for any class 2 or 3 felony;

3) On probation exclusively for a misdemeanor offense; or

4) Required to register as a sex offender.

A court must revoke earned time credit awarded to a probationer if the probationer violates probation conditions (A.R.S. § 13-924).

Provisions

1. Adds work time credit as a basis for a court to adjust a probationer's supervised probation period if recommended by an adult probation officer. (Sec. 2)

2. Specifies that work time credit equals 30 days for every 30 days that a probationer is engaged in eligible employment. (Sec. 2)

3. Requires a probationer to provide supporting documentation to a supervising probation officer within 5 business days after completing 30 days of eligible employment. (Sec. 2)

4. Instructs a supervising probation officer to verify a probationer's employment and document any denied request for work time credit. (Sec. 2)

5. Requires that awarded work time credit be revoked if a probationer violates probation conditions. (Sec. 2)

6. Defines eligible employment and supporting documentation. (Sec. 2)

7. Allows a court to require a probationer to report to a probation officer. (Sec. 1)

8. Authorizes a probation officer to allow a probationer to fulfill a reporting requirement remotely. (Sec. 1)

9. Requires a probation officer to consider and accommodate a probationer's work schedule, family caregiver obligations and medical care requirements before setting the probationer's reporting requirements. (Sec. 1)

10. Entitles this act as the "Earning Safe Reentry Through Work Act of 2023." (Sec. 4)

11. Contains a delayed effective date of January 1, 2024. (Sec. 3)

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

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16.                   HB 2055

17. Initials JL   Page 0 Judiciary

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