Assigned to JUD                                                                                                                                AS VETOED

ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

VETOED

FACT SHEET FOR H.B. 2157

probation; termination; deportation

Purpose

Prohibits the court from using the deportation of a probationer as the sole reason for terminating the period of probation or intensive probation at a time earlier than originally imposed.

Background

The court, on its own initiative or on application of the probationer, after notice and an opportunity to be heard for the prosecuting attorney and, on request, the victim may terminate the period of probation or intensive probation and discharge the defendant at a time earlier than that originally imposed 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 means a program of highly structured and closely supervised probation that emphasizes individualized intervention for a person who is deemed appropriate for the program. 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).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Prohibits the court from using the deportation of a probationer as the sole reason for terminating the period of probation or intensive probation at a time earlier than originally imposed.

2. Makes technical changes.

3. Becomes effective on the general effective date.

Governor's Veto Message

The Governor indicates in her veto message that H.B. 2157 is unnecessary as current Arizona Supreme Court Administrative Directive policy states that a person's probation continues upon returning to the country.

House Action Senate Action

JUD                 1/24/24      DP       6-3-0-0               JUD                 3/14/24      DP          4-3-0

3^rd Read          2/5/24                    33-24-0-0-3        3^rd Read           4/1/24                       16-11-3

Vetoed by the Governor 4/8/24

Prepared by Senate Research

April 9, 2024

ZD/KK/cs