Official Summary Text
SB1544 - 572R - Senate Fact Sheet
Assigned to
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PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
s.b. 1544
probation
records; disclosure; exemptions
Purpose
Deems all
probation records to be public records that must be disclosed on request unless
exempted to protect outlined information and authorizes the imposition of civil
penalties and the right to appeal.
Background
All officers and
public bodies must maintain all records reasonably necessary or appropriate to
maintain an accurate knowledge of the officer's or body's activities and of any
activities that are supported by state monies. Each public body is responsible
for the preservation, maintenance, care and protection of the body's public
records. Any person may request to examine or be furnished public records
during regular office hours or through a mailed copy. A person may request an
index of records that have been withheld and the reasons for the withholding. A
custodian may not include information in the index that is expressly made
privileged or confidential by law or court order (
A.R.S.
� 39-121.01
).
Records in all
courts and administrative offices of the Judicial Department of Arizona are
presumed to be open to any member of the public for inspection or to obtain
copies at any time during regular office hours. In the interest of
confidentiality, privacy or the best interests of the state, public access to
some court records may be restricted or expanded by rule or by law. All case
records are open to the public except as may be closed by law or rule, which
include adult criminal history records, probation supervision histories and
other records maintained as the work product of pretrial services staff,
probation officers and other staff for use by the court. Probation office
records may be open to the public if: 1) ordered by the court; 2) filed with
the clerk of court or attached to any filed document and not segregated and
identified as being closed or confidential; or 3) considered or used for any
purpose in open court proceedings unless restricted by law or sealed by the
court (
Ariz.
Sup. Ct. R. 123
).
There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1.
Exempts, notwithstanding any other law, adult probation departments,
adult probation officers and community supervision units from laws governing
access to records of the Judicial Branch.
2.
Deems, notwithstanding any other law, all probation records to be public
records that must be disclosed on request unless outlined conditions apply.
3.
Requires
probation records to be redacted to protect outlined information or, if protection
is not possible through redaction, withheld to protect:
a)
victim information, including the victim's name, address, telephone
number and personal identifying information;
b)
identifying information of minors;
c)
medical, psychological or counseling records;
d)
active criminal investigations; and
e)
the
identity of a confidential informant.
4.
Requires
a probation department, if a probation record is withheld, to:
a)
provide a written explanation within 10 business days;
b)
cite the statute that justifies the nondisclosure; and
c)
inform
the requester of the right to appeal.
5.
Allows a person to appeal the withholding of a probation record to the
court.
6.
Requires the court to set a hearing on an action to appeal within 20
business days after the request is filed.
7.
Allows a court to impose civil penalties and award attorney fees for a
violation of the outlined requirements for probation records.
8.
Requires an adult probation department to disclose a person's probation
records, including records relating to treatment and evaluation, to a person
who is on probation on the request of the probationer or the probationer's
attorney or authorized representative.
9.
Defines
probation records
as including:
a)
probation violation reports and histories;
b)
internal directives, policy manuals and supervision protocols;
c)
risk assessment results;
d)
case management summaries;
e)
audit reports, inspection reports and performance reviews;
f)
communications between probation officers and supervising agencies;
g)
revocation filings and outcomes; and
h)
data
on high-risk cases, absconders, failures to appear and interventions.
10.
Becomes
effective on the general effective date.
Amendments Adopted by
Committee of the Whole
1.
Requires an adult probation department to disclose a person's probation
records as outlined to a person who is on probation on the request of the
probationer or the probationer's attorney or authorized representative.
2.
Modifies the definition of
probation records
to include
risk assessment results, rather than risk assessment tools and criteria.
3.
Makes conforming changes.
Senate Action
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Prepared by Senate Research
March 9, 2026
KJA/SDR/hk
Current Bill Text
Read the full stored bill text
SB1544 - 572R - S Ver
Senate Engrossed
probation records;
disclosure; exemptions
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1544
AN
ACT
amending title 13, chapter 9, Arizona
Revised Statutes, by adding section 13-922; relating to probation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 9, Arizona Revised
Statutes, is amended by adding section 13-922, to read:
START_STATUTE
13-922.
Probation records; public records; exemptions; definition
A. Notwithstanding any other law,
laws that govern access to records of the judicial branch do not apply to adult
probation departments, adult probation officers or community supervision units.
B. Notwithstanding any other law, all
probation records are public records subject to title 39, chapter 1 and must be
disclosed on request unless specifically exempt under this section.
C. Probation records must be redacted
to protect all information listed in this subsection. If protection is not
possible through the redaction, the probation records must be withheld to
protect the following:
1. Victim information, including the
victim's name, address, telephone number and personal identifying information.
2. Identifying information of minors.
3. Medical, psychological or
counseling records.
4. Active criminal investigations.
5. The identity of a Confidential
informant.
D. If a probation record is withheld
pursuant to subsection C of this section, the probation department must do all
of the following:
1. Provide a written explanation
within ten business days.
2. Cite the statute that justifies
the nondisclosure.
3. Inform the requester of the right
to appeal.
E. A person may appeal the
withholding of a probation record to the court.
The court shall set a hearing on an action under this
section within twenty business days after the request is filed.
F. A court may impose civil penalties
for a violation of this section and may award attorney fees.
G. Notwithstanding any other law, the
adult probation department shall disclose a person's probation records,
including records related to treatment and evaluation, to a person who is on
probation on the request of the probationer or the probationer's attorney or
authorized representative.
H. For the purposes of this section,
"probation records" include:
1. Probation violation reports and
histories.
2. Internal directives, policy
manuals and supervision protocols.
3. Risk assessment
results.
4. Case management summaries.
5. Audit reports, inspection reports
and performance reviews.
6. Communications between probation
officers and supervising agencies.
7. Revocation filings and outcomes.
8. Data on high-risk cases,
absconders, failures to appear and interventions.
END_STATUTE