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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
probation; felony conviction
Purpose
Requires the court to issue a warrant for the rearrest of a defendant who is released on probation resulting from a felony conviction and who is charged by indictment or information with a felony offense that was committed during the probationary term.
Background
At any time during the probationary term of the person released on probation, any probation officer, without warrant or other process and at any time until the final disposition of the case, may rearrest any person and bring the person before the court (A.R.S. § 13-901).
The court, in
its discretion, may issue a warrant for the rearrest of the defendant and may
modify or add to the conditions of probation or, if the defendant commits an
additional offense or violates a condition, may revoke probation in accordance
with the rules of criminal procedure at any time before the expiration or
termination of the period of probation. If the court revokes the defendant's
probation and the defendant is serving more than one probationary term
concurrently, the court may sentence the person to terms of imprisonment to be
served consecutively (A.R.S.
§ 13-901).
There is not anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the courts to issue, without delay and at the request of the state or a probation officer, a warrant for the rearrest of a defendant who is released on probation resulting from a felony conviction, and who is charged by indictment or information with a felony offense that was committed during the probationary term.
2. Stipulates that a defendant is not eligible for release while probation revocation proceedings are pending if the court finds a reasonable probability exists that it will impose a sentence of imprisonment if it finds the defendant in violation of probation.
3. Entitles a person being held without bond under the outlined conditions to a bail eligibility hearing where the court will determine if the person should be held without bond.
4. Stipulates that release eligibility does not apply if:
a) the defendant is eligible for mandatory probation; or
b) the court has previously considered the new felony offense at a prior revocation hearing.
5. Credits time spent in custody during rearrest proceedings to any sentence of imprisonment imposed on revocation of probation.
6. Makes technical and conforming changes.
7. Becomes effective on general effective date.
Prepared by Senate Research
February 6, 2024
ZD/KK/cs