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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
probation; transfer
Purpose
Requires the probation department to transfer a probationer's intensive
probation supervision or supervised probation to the jurisdiction in Arizona in
which the probationer is requesting to reside, if the probationer can provide
proof of: 1) family care giver obligations;
2) employment or housing; or 3) an offer of employment or housing.
Background
Intensive
probation means a program of highly structured and closely supervised
probation that emphasizes individualized intervention for a person who is
deemed appropriate for the program. Includes the payment of restitution as
required. Intensive probation must be conditioned on the offender: 1)
maintaining employment or full-time student status or a combination of employment
and student status; 2) paying restitution; 3) paying probation fees of not less
than $75 unless the court assesses a lesser fee; 4) paying monetary obligations
imposed by the court; and
5) complying with any other conditions imposed by the court (A.R.S. §§ 13-913
and 13-914).
If the court imposes a term of probation, the court may require the defendant to report to a probation officer. The court or the defendant's probation officer may allow the defendant to fulfill a reporting requirement through remote reporting. The probation officer may take into consideration and make accommodations for the probationer's work schedule, family caregiver obligations, substance abuse treatment or recovery program, mental health treatment, transportation availability and medical care requirements before setting the reporting time and location requirements for the probationer (A.R.S. § 13-901).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
a) family care giver obligations;
b) employment or housing; or
c) an offer of employment or housing.
2. Requires the probation department to grant the probationer's request within seven business days after the date of request and transfer the probationer's intensive probation supervision or supervised probation to the other jurisdiction.
3. Prohibits the new jurisdiction in which the probationer resides from transferring the probationer's intensive probation supervision or supervised probation back to the original jurisdiction if the probationer violates the terms of their probation or commits an additional offense while in the new jurisdiction.
4. Makes technical changes.
5. Becomes effective on general effective date.
Prepared by Senate Research
February 6, 2024
ZD/KK/cs