ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

HB 2296: probationers; prisoners; search; seizure authority

Sponsor: Representative Carter, LD 15

Committee on Judiciary

Overview

Requires a probationer or prisoner on community supervision who is stopped by a peace officer for any offense to: 1) inform the peace officer of the person's status as a probationer or prisoner on community supervision; and 2) submit to warrantless search or seizure by the peace officer.

History

Current law authorizes a court to suspend a convicted person's sentence and place the person on a period of probation if the convicted person is eligible (A.R.S. §§ 13-901, 13-902). A court must place the person on probation subject to whatever terms and conditions the court deems appropriate, in addition to any other terms and conditions required by statute.

During a person's term of probation, a court has discretion to issue a warrant for the probationer's rearrest and modify or add to the existing probation conditions. Similarly, any probation officer is authorized to rearrest a probationer and bring the person before the court at any time during the probation period, even without a warrant or other process. If a probationer commits an additional offense or violates a probation condition, a court may revoke probation prior to the expiration or termination of the probation period. Conversely, a court is authorized to terminate probation early in certain circumstances, subject to certain notice and hearing requirements (A.R.S. § 13-901).

Laws 1993, Chapter 255, § 87 established community supervision (replacing what statute previously referred to as parole) for prisoners convicted of offenses committed on or after January 1, 1994. Once a prisoner has reached his or her earned release date or sentence expiration date, the inmate is released on community supervision (or term of probation if the sentencing court waived community supervision). The Department of Corrections (ADC) is required to establish conditions of community supervision it deems appropriate to serve the interests of the prisoner and the public, and a prisoner who refuses to sign and agree to abide by these conditions cannot be released (A.R.S. § 41-1604.07).

Provisions

1. Prohibits a court from placing a person convicted of a felony on probation unless the convicted person agrees in writing as a standard condition of probation to do both of the following if stopped by a peace officer for a civil traffic or criminal violation:

a) Immediately inform the peace officer of the person's status as a probationer; and

b) Allow the peace officer, with or without a warrant, to conduct a search or seizure of the person. (Sec. 1)

2. Requires ADC to mandate that a prisoner agree in writing as a condition of community supervision to do both of the following if stopped by a peace officer for a civil traffic or criminal violation:

a) Immediately inform the peace officer that the person is currently on community supervision;

b) Allow the peace officer, with or without a warrant, to conduct a search or seizure of the person. (Sec. 2)

3. Makes technical changes. (Sec. 1, 2)

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7. HB 2296

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