ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: MAPS DP 6-1-0-0 | 3^rd Read DP 17-11-2-0-0

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SB 1155: lifetime probation; sexual offenses; termination

Sponsor: Senator Shamp, LD 29

Committee on Judiciary

Overview

Prohibits a person on lifetime probation for a sexual offense from petitioning for probation termination until a certain amount of time has passed based on felony level. Requires the probation department to complete an investigation of the probationers current or pending criminal charges and prohibits probation modification or termination if there are current or pending charges.

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.

A.R.S. § 13-923 allows probationers to request the court conduct a probation hearing at least once a year if the probationer is under 22 years of age and was convicted of an offense that occurred when the person was under the age 18 and requires the probationer to register as a sex offender pursuant to A.R.S. § 13-3821.

Provisions

1. Prohibits, notwithstanding any other law, a person on lifetime probation for a sexual offense from petitioning a court to terminate the person's probation before the following expiration of time:

a) for a class 2 or 3 felony conviction, 20 years after the date that the person was placed on probation;

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

2. States that the previous provision does not apply to a person who requests an annual probation review hearing pursuant to A.R.S. § 13-923. (Sec. 1)

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

4. Prohibits a court from issuing an order terminating or modifying the person's probation sentence if there is a current or pending criminal charge against the person. (Sec. 1)

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8.                   SB 1155

9. Initials JL/MB     Page 0 Judiciary

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