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SB1662 - 572R - S Ver
Senate Engrossed
probation
supervision; least restrictive conditions
(now:� probation
supervision; reasonably necessary conditions)
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1662
AN
ACT
AMENDING SECTIONs 13-901, 13-903,
13-917 and 13-924, 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.
B. If probation is granted, the
following apply to any conditions of probation imposed
unless
otherwise required by law:
1. In determining the defendant's
conditions of probation, the court or a probation officer shall impose
only conditions of PROBATION that are reasonably necessary,
individually determined and narrowly tailored to:
(
a
) Assist the
defendant in leading a law-abiding life.
(
b
) Protect
public safety.
(
c
) Promote the
defendant's rehabilitation.
2. The conditions of probation that
are imposed shall be informed by the defendant's criminogenic risk and needs as
established by a validated risk assessment tool.
3. The court or The probation officer
shall:
(
a
) Before
imposing a standard condition of probation, consider waiving any standard
condition of probation that is not reasonably necessary to achieve the purposes
prescribed in paragraph 1 of this subsection.
(
b
) Before
imposing a special condition of probation, consider all INFORMATION that is
properly presented to the court Before imposing a special condition of
probation, shall determine if the condition is more restrictive than is
reasonably necessary to achieve the purposes prescribed in paragraph 1 of this
subsection and Shall not impose a special condition of probation unless the
special condition is supported by the record.
4. If a presentence report was
prepared pursuant to section 13-701, the conditions of probation imposed
shall be informed by the findings of that presentence report.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.�
F.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
After
verifying the information submitted by the sending probation department
pursuant to subsection
L
n
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.
P.
If
a probationer's intensive probation supervision or supervised probation is
courtesy transferred to another county pursuant to subsection
L
n
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 13-903, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-903.
Calculation of periods of probation
A. A period of probation commences on the day it is
imposed or as designated by the court, and an extended period of probation
commences on the day the original period lapses.
B. If a court determines that the defendant violated
a condition of the defendant's probation but reinstates probation, the period
between the date of the violation and the date of restoration of probation is
not computed as part of the period of probation. If it is determined
that the defendant is not a violator, there is no interruption of the period
of probation
.
C. The running of the period of probation shall
cease during the unauthorized absence of the defendant from the jurisdiction or
from any required supervision and shall resume only
upon
on
the defendant's voluntary or involuntary return to the
probation service.
D. The running of the period of probation shall
cease during the period from the filing of the petition to revoke probation to
the termination of revocation of probation proceedings, except that if a court
determines that the defendant is not a violator, there is no interruption of
the period of probation.
E. If probation is imposed on one who at the time is
serving a sentence of imprisonment imposed on a different conviction, service
of the sentence of imprisonment shall not satisfy the probation.
F. Time spent in custody under section 13-901,
subsection
F
H
shall be
credited to any sentence of imprisonment imposed
upon
on
revocation of probation.
END_STATUTE
Sec. 3. Section 13-917, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-917.
Modification of supervision
A. The adult probation officer shall periodically
examine the risk and needs of each person granted intensive probation and the
risks of modifying the level of supervision of the person. The court
or the adult probation officer may at any time modify the level of intensive
probation supervision of a person granted intensive probation. The
court may transfer the person to standard probation or terminate the period of
intensive probation pursuant to section 13-901, subsection
E
G
.
B. If a petition to revoke the grant of intensive
probation is filed and the court finds that the person has committed an
additional felony offense that posed a serious threat or danger to the
community, the court shall revoke the grant of intensive probation and impose a
term of imprisonment as authorized by law. If the court finds that
the person has committed a violation of a condition of intensive probation that
posed a serious threat or danger to the community, the court shall revoke the
grant of intensive probation and impose a term of imprisonment as authorized by
law.� If the court finds that the person has violated any other condition of
intensive probation, the court may modify the conditions of intensive probation
or may revoke the grant of intensive probation and impose a term of
imprisonment as authorized by law.
C. The court shall notify the parties, and the
victim on request, of any proposed modification of the terms of a person's
intensive probation if that modification will substantially affect the person's
contact with or safety of the victim or if the modification involves
restitution or incarceration status.
END_STATUTE
Sec. 4. Section 13-924, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-924.
Probation; earned time credit; work time credit; applicability;
definitions
A. The court may adjust the period of a
probationer's supervised probation on the recommendation of an adult probation
officer for earned time credit or work time credit.
B. Earned time credit equals twenty days for every
thirty days that a probationer does all of the following:
1. Exhibits positive progression toward the goals
and treatment of the probationer�s case plan.
2. Is current on payments for
court
ordered
court-ordered
restitution and is in
compliance with all other nonmonetary obligations.
3. Is current in completing community restitution.
C. Work time credit equals thirty days for every
thirty days that a probationer does all of the following:
1. Is engaged in eligible employment. A
probationer must provide supporting documentation to the supervising probation
officer within five business days after completing thirty days of eligible
employment. The supervising probation officer must verify the
probationer's employment through the supporting documentation that is provided
by the probationer and by any other means that the court determines is
necessary to verify the work, including site visits and telephonic verification. The
probation officer must document any request for work time credit that is
denied.
2. Exhibits positive progression toward the goals
and treatment of the probationer's case plan.
3. Is current on payments for court-ordered
restitution and is in compliance with all other nonmonetary obligations.
4. Is current in completing community restitution.
D. Any earned time credit and work time credit
awarded pursuant to this section shall be revoked if a probationer is found in
violation of a condition of probation.
E. This section does not apply to a probationer who
is currently:
1. On lifetime probation.
2. On probation for any class 2 or 3 felony.
3. On probation exclusively for a misdemeanor
offense.
4. Required to register pursuant to section 13-3821.
F. This section has no effect on the ability of the
court to terminate the period of probation or intensive probation pursuant to
section 13-901, subsection
E
G
at
a time earlier than originally imposed.
G. For the purposes of this section:
1. "Eligible employment" means any
occupation or combination of occupations for which a person can provide
supporting documentation verifying at least one hundred thirty wage-earning
hours in any thirty-day period.
2. "Supporting documentation" means an
employment record, pay stub, employment letter, contract or other reliable
means of verifying employment.
END_STATUTE