ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: JUD DPA/SE 6-1-0-0 | 3^rd Read DPA 16-13-1-0-0

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SB 1284: lifetime probation; sexual offenses; termination

Sponsor: Senator Shamp, LD 29

Committee on Judiciary

Overview

Prohibits an individual on lifetime probation for a sexual offense from petitioning the court for an order to terminate probation prior to designated probation term lengths. Requires the probation department to investigate specified factors before recommending a modification or termination of probation and prohibits the court from terminating or modifying an individual's probation term if there are any pending or current criminal charges.

History

Current law states if a person who has been convicted of an offense is eligible for probation, the court may suspend the imposition or execution of sentence and, if so, must without delay place the person on intensive probation supervision pursuant to A.R.S. § 13-913 or supervised or unsupervised probation on such terms and conditions as the law requires and the court deems appropriate. The period of probation is then determined pursuant to A.R.S. § 13-902 (A.R.S. § 13-901).

Under current law, unless terminated sooner, probation may continue for the following periods:

1) For a class 2 felony, seven years;

2) For a class 3 felony, five years;

3) For a class 4 felony, four years;

4) For a class 5 or 6 felony, three years;

5) For a class 1 misdemeanor, three years;

6) For a class 2 misdemeanor, two years; and

7) For a class 3 misdemeanor, one year.

After a conviction of a felony offense or an attempt to commit any offense included in Title 13, Chapter 14 or 35.1, A.R.S. § 13-3824 or other specified offenses such as terrorism, stalking or child sex trafficking, if probation is available, probation may continue for a term not less than the terms specified above up to and including life and that the court believes is appropriate to serve the ends of justice. Individuals on lifetime probation are not eligible to receive earned time credits (A.R.S. §§ 13-902 and 13-924).

Provisions

1. Prohibits an individual on lifetime probation for a sexual offense from petitioning the court for an order to terminate probation before the following outlined time periods:

a) 20 years after the date the individual was place on probation for class 2 or 3 felony conviction; and

b) 10 years after the date the individual was placed on probation for a class 4, 5 or 6 felony conviction. (Sec. 1)

2. Exempts individuals who request an annual probation review hearing pursuant to A.R.S. § 13-923 from the prescribed time periods above. (Sec. 1)

3. Requires the probation department to complete an investigation of arrest notifications and warrant checks to determine any current or pending criminal charges before recommending a modification or early termination of an individual's probation sentence due to a felony sexual offense. (Sec. 1)

4. Prohibits the court from issuing an order to terminate or modify an individual's probation sentence if there is current or pending criminal charges against the individual. (Sec. 1)

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8.                   SB 1284

9. Initials JL/GC        Page 0 Judiciary

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