lifetime probation; early termination

SB1208 - 572R - I Ver

REFERENCE TITLE:
lifetime probation; early termination

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1208

Introduced by

Senator
Bolick

AN
ACT

AMENDING SECTIONS 13-901 AND 13-923, ARIZONA
REVISED STATUTES; RELATING TO PROBATION.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-901, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-901.

Probation

A. If a person who has been convicted of an offense
is eligible for probation, the court may suspend the imposition or execution of
sentence and, if so, shall without delay place the person on intensive
probation supervision pursuant to section 13-913 or supervised or
unsupervised probation on such terms and conditions as the law requires and the
court deems appropriate, including participation in any programs authorized in
title 12, chapter 2, article 11. If a person is not eligible for
probation, imposition or execution of sentence shall not be suspended or
delayed.� If the court imposes probation, it may also impose a fine as
authorized by chapter 8 of this title. If probation is granted the
court shall impose a condition that the person waive extradition for any
probation revocation procedures and it shall order restitution pursuant to
section 13-603, subsection C where there is a victim who has suffered
economic loss. When granting probation to an adult the court, as a
condition of probation, shall assess a monthly fee of not less than $65 unless,
after determining the inability of the probationer to pay the fee, the court
assesses a lesser fee. This fee is not subject to any surcharge.� In
justice and municipal courts the fee shall only be assessed when the person is
placed on supervised probation.� For persons placed on probation in the
superior court, the fee shall be paid to the clerk of the superior court and
the clerk of the court shall pay all monies collected from this fee to the
county treasurer for deposit in the adult probation services fund established
by section 12-267. For persons placed on supervised probation
in the justice court, the fee shall be paid to the justice court and the
justice court shall transmit all of the monies to the county treasurer for
deposit in the adult probation services fund established by section 12-267. For
persons placed on supervised probation in the municipal court, the fee shall be
paid to the municipal court. The municipal court shall transmit all
of the monies to the city treasurer who shall transmit the monies to the county
treasurer for deposit in the adult probation services fund established by
section 12-267. Any amount assessed pursuant to this
subsection shall be used to supplement monies used for the salaries of adult
probation and surveillance officers and for support of programs and services of
the superior court adult probation departments.

B. The period of probation shall be determined
according to section 13-902, except that if a person is released pursuant
to section 31-233, subsection B and community supervision is waived
pursuant to section 13-603, subsection K, the court shall extend the
period of probation by the amount of time the director of the state department
of corrections approves for the inmate's temporary release.

C. The court, in its discretion, may issue a warrant
for the rearrest of the defendant and may modify or add to the conditions or,
if the defendant commits an additional offense or violates a condition, may
revoke probation in accordance with the Arizona 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.

D. 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.

E. 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.
If the defendant was sentenced to
lifetime probation, the court may not modify or terminate the period of
probation before the defendant serves twenty-five years.
�

F. When granting probation the court may require
that the defendant be imprisoned in the county jail at whatever time or
intervals, consecutive or nonconsecutive, the court shall determine, within the
period of probation, as long as the period actually spent in confinement does
not exceed one year or the maximum period of imprisonment allowed under chapter
7 of this title, whichever is the shorter.

G. If the defendant is placed on lifetime probation
and has served one year in the county jail as a term of probation, the court
may require that the defendant be additionally imprisoned in the county jail at
whatever time or intervals, consecutive or nonconsecutive, the court shall
determine, within the period of probation if the defendant's probation is
revoked by the court and the defendant is subsequently reinstated on
probation. The period actually spent in confinement as a term of
being reinstated on probation shall not exceed one year or, when including the
initial one-year period of incarceration imposed as a term of probation,
the maximum period of imprisonment allowed under chapter 7 of this title,
whichever is shorter.

H. If restitution is made a condition of probation,
the court shall fix the amount of restitution and the manner of performance
pursuant to chapter 8 of this title.

I. When granting probation, the court shall set
forth at the time of sentencing and on the record the factual and legal reasons
in support of each sentence.

J. If the defendant meets the criteria set forth in
section 13-901.01 or 13-3422, the court may place the defendant on
probation pursuant to either section. If a defendant is placed on
probation pursuant to section 13-901.01 or 13-3422, the court may
impose any term of probation that is authorized pursuant to this section and
that is not in violation of section 13-901.01.

K. 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 shall 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.

L. If a probationer makes a written request to the
supervising probation department to courtesy transfer the probationer's
intensive probation supervision or supervised probation to another county in
this state with the intent to reside in that county and provides proof of
family caregiver obligations, employment or housing, or an offer of employment
or housing that will assist in the probationer's positive behavioral change,
the supervising probation department shall do all of the following:

1. Confirm the details of the probationer's
employment, housing or family caregiving plans.

2. Review any victim safety concerns and ensure
compliance with the victims' bill of rights.

3. Submit the request for permission to proceed to
the receiving county within seven business days after receipt.

M. After verifying the information submitted by the
sending probation department pursuant to subsection L of this section, the
receiving probation department shall provide the sending probation department
with permission for the probationer to proceed to the receiving county within
seven business days after receipt unless the receiving probation department
finds the basis for the plan is not factual or the transfer will endanger the
victim.

N. If a probationer's intensive probation
supervision or supervised probation is courtesy transferred to another county
pursuant to subsection L of this section and the probationer subsequently
violates the terms of the probationer's probation or commits an additional
offense while on probation, the probation department in the county in which the
probation violation or additional offense occurred may not return the
probationer's intensive probation supervision or supervised probation back to the
county in which the probationer's probation was originally imposed except for
revocation hearings or an order of the court.
END_STATUTE

Sec. 2. Section 13-923, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-923.

Persons convicted of sexual offenses; annual probation review
hearing; report; notification

A. If requested by the probationer, the court shall
conduct a probation hearing at least once a year for a probationer who is under
twenty-two years of age and who was convicted of an offense that occurred
when the person was under eighteen years of age and that requires the
probationer to register pursuant to section 13-3821.

B. This section does not preclude the court from
conducting more than one probation review hearing each year.

C. The probation department that is supervising the
probationer shall prepare a probation report and submit the report to the court

prior to

before
the hearing.

D. The following individuals shall be notified of
the hearing:

1. A prosecutor.

2. An attorney for the probationer.

3. Any victim or victim's attorney who has a right
to be present and heard pursuant to the victims' bill of rights, article II,
section 2.1
,

of the
Constitution of
this state
arizona
,
title
13,
chapter 40
of this title
or court rule.

4. The probation officer supervising the
probationer.

E. At the hearing, after hearing from those present
pursuant to subsection D of this section, the court shall consider the
following:

1. Whether to continue, modify or terminate
probation.

If the
defendant was sentenced to lifetime probation, the court may not modify or
terminate the period of probation before the defendant serves twenty-five
years.

2. Whether to continue to require, to suspend or to
terminate the probationer's registration pursuant to section 13-3821.

3. Whether to continue, defer or terminate community
notification pursuant to section 13-3825.

F. The court may hold a prehearing involving the
persons listed in subsection D of this section to discuss and advise the court
concerning the issues listed in subsection E of this section.
END_STATUTE