crimes against children; probation; monitoring

Plain English Breakdown

The official text confirms the change from 'may' to 'shall' for imposing fees on this specific group.

SB1402: Mandatory Fees for Monitoring Devices on Probation

This bill requires courts to charge probationers convicted of dangerous crimes against children who are level three sex offenders a fee to cover the cost of required GPS or electronic monitoring.

What This Bill Does

• Changes the law so courts must, rather than may, impose a fee for required monitoring devices on specific high-risk offenders.
• Applies this mandatory fee rule specifically to people convicted of dangerous crimes against children who are level three sex offenders and required to register.
• Requires that these fees be deposited into the adult probation services fund.

Who It Names or Affects

• Courts in Arizona when sentencing individuals on probation for specific serious offenses.
• Probationers convicted of dangerous crimes against children who are classified as level three offenders and required to register as sex offenders.

Terms To Know

Dangerous crime against children

A specific category of serious offenses defined in state law involving harm to minors, requiring registration for certain convictions.

Level three offender

The highest risk classification for sex offenders under Arizona laws who must be placed on GPS or electronic monitoring during probation.

Adult probation services fund

A state account where fees collected from probationers to offset the cost of monitoring devices are deposited.

Limits and Unknowns

• The bill does not specify the exact dollar amount of the fee, only that it must offset the cost of the device.
• This mandatory fee rule applies only to individuals meeting specific legal criteria; other probationers may still be monitored but are not covered by this new mandatory fee requirement.

Official Summary Text

SB1402 - 572R - Senate Fact Sheet

Assigned to
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COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1402

crimes against children;
probation; monitoring

Purpose

Requires, rather
than allows, the court to impose a fee on a probationer to offset the cost of a
required monitoring device.

Background

Courts may
impose probation for fixed maximum terms based on offense severity ranging from
one year for a class 3 misdemeanor to seven years for a class 2 felony, with
longer terms allowed for DUI offenses and limited extensions permitted if
restitution remains unpaid. Justice and municipal courts may impose probation
within specified misdemeanor limits. For certain serious felony offenses,
including sexual offenses, crimes against children and related registration
violations, probation may extend up to life if deemed appropriate by the court,
while individuals convicted of a dangerous crime against children who are
required to register as sex offenders and classified as a level three offender
must be placed on GPS or electronic monitoring for the entire probation term (
A.R.S.
� 13-902
).

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

Provisions

1.

Requires, rather than allows, the court to impose a fee on a probationer
to offset the cost of a required GPS or electronic monitoring device.

2.

Becomes effective on the general effective date.

Prepared by Senate Research

February 2, 2026

ZD/MY/ci

Current Bill Text

SB1402 - 572R - S Ver

Senate Engrossed

crimes against
children; probation; monitoring

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1402

AN
ACT

AMENDING SECTION 13-902, 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 13-902, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-902.

Periods of probation; monitoring; fees

A. Unless terminated sooner, probation may continue
for the following periods:

1. For a class 2 felony, seven years.

2. For a class 3 felony, five years.

3. For a class 4 felony, four years.

4. For a class 5 or 6 felony, three years.

5. For a class 1 misdemeanor, three years.

6. For a class 2 misdemeanor, two years.

7. For a class 3 misdemeanor, one year.

B. Notwithstanding subsection A of this section,
unless terminated sooner, probation may continue for the following periods:

1. For a violation of section 28-1381 or 28-1382,
five years.

2. For a violation of section 28-1383, ten
years.

C. If the court has required, as a condition of
probation, that the defendant make restitution for any economic loss related to
the defendant's offense and that condition has not been satisfied, the court at
any time before the termination or expiration of probation may extend the
period within the following limits:

1. For a felony, not more than five years.

2. For a misdemeanor, not more than two years.

D. Notwithstanding any other provision of law,
justice courts and municipal courts may impose the probation periods specified
in subsection A, paragraphs 5, 6 and 7 and subsection B, paragraph 1 of this
section.

E. After conviction of a felony offense or an
attempt to commit any offense that is included in chapter 14 or 35.1 of this
title or section 13-2308.01, 13-2308.03, 13-2923, 13-3212
or 13-3623, if probation is available, probation may continue for a term
of not less than the term that is specified in subsection A of this section up
to and including life and that the court believes is appropriate for the ends
of justice.

F. After conviction of a violation of section 13-3824,
subsection A, if a term of probation is imposed and the offense for which the
person was required to register was a felony, probation may continue for a term
of not less than the term that is specified in subsection A of this section up
to and including life and that the court believes is appropriate for the ends
of justice.

G. If a person is convicted on or after November 1,
2006 of a dangerous crime against children as defined in section 13-705,
a term of probation is imposed, the person is required to register pursuant to
section 13-3821 and the person is classified as a level three offender
pursuant to section 13-3825, the court shall require global position
system or electronic monitoring for the duration of the term of probation.� The
court
may

shall
impose a fee on the
probationer to offset the cost of the monitoring device required by this
subsection. The fee shall be deposited in the adult probation
services fund pursuant to section 12-267, subsection A,
paragraph 3. This subsection does not preclude global position
system or electronic monitoring of any other person who is serving a term of
probation.
END_STATUTE