ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: JUD DP 6-3-0-0

HB 2157: probation; termination; deportation

Sponsor: Representative Bliss, LD 1

House Engrossed

Overview

Prohibits a court from using a defendant's deportation as the sole reason for early termination of probation or intensive probation.

History

The criminal code includes several provisions that govern the procedure for a court to impose a term of probation; define the different types of probation that may be imposed for eligible offenses; and delineate the terms and conditions that a defendant is subject to while on probation. In some cases, either on its own initiative or on application from the probationer, the sentencing court is authorized to terminate the period of probation early after notice and an opportunity to be heard for the prosecuting attorney and, on request, the victim. However, probation can only be terminated early if in the court's opinion the ends of justice will be served and if the conduct of the defendant on probation warrants it (A.R.S. § 13-901).

Intensive probation is a highly structured and closely supervised probation that emphasizes individualized intervention for a person deemed appropriate for the program pursuant to A.R.S. § 13-914 (A.R.S. § 13-913).

Provisions

1. Proscribes a court from using the deportation of a defendant as the sole reason for terminating the defendant's period of probation or intensive probation early. (Sec. 1)

2. Makes a technical change. (Sec. 1)

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6. HB 2157

7. Initials JL/MB Page 0 House Engrossed

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