ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: JUD DPA 4-3-0-0 | 3^rd Read DPA 16-13-1-0-0 House: JUD DP 5-3-0-0-0-0 | 3^rd Read DP 33-24-3-0-0

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SB 1262: probation; felony violation; rearrest

Sponsor: Senator Kern, LD 27

Transmitted to the Governor

Overview

Requires a court to promptly issue a warrant for the rearrest of a person that has been charged with a felony offense that was committed during the person's probation term and that the court has not yet considered. Makes a person who is the subject of probation revocation proceedings pursuant to this requirement ineligible for release while the revocation proceedings are pending.

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 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 (A.R.S. §§ 13-901, 13-902).

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).

Notwithstanding any other law, a person who is convicted of an offense involving personal possession or use of a controlled substance or drug paraphernalia is eligible for probation, and a convicting court is generally required to suspend the imposition or execution of the person's sentence and place the person on probation. Statute outlines specific probation conditions applicable to these offenses, including participation in an appropriate drug treatment or education program. If a defendant fails or refuses to participate in drug treatment, the probation department or prosecutor may petition the court to revoke the defendant's probation (A.R.S. § 13-901.01).

Provisions

1. Requires a court, at the request of the state or probation department, to issue a warrant, without delay, for the rearrest of a person who is released on probation and who is charged by indictment or information with a felony offense that is committed while the defendant is on probation, unless the person is eligible for probation pursuant to A.R.S. § 13-901.01 or the court has considered the felony offense at a prior revocation hearing. (Sec. 1)

2. Specifies that a defendant who is rearrested pursuant to this requirement is ineligible for release while probation revocation proceedings are pending. (Sec. 1)

3. Makes technical and conforming changes. (Sec. 1, 2, 3, 4)

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7.                   SB 1262

8. Initials JL   Page 0 Transmitted to the Governor

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