HB 2116 — probation credits; work time credit

Fifty-fifthHouse LegislatureEngrossed Judiciaryprobation Secondcredits; Regular Session H.B.

work time credit State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session HOUSE BILL 2116 PROPOSEDAN SENATEACT AMENDMENTSAMENDING TOSECTION H.B.13-924, ARIZONA REVISED STATUTES;

2116RELATING (ReferenceTO toPROBATION. House engrossed bill) Page 1, between lines 1 and 2, insert:

"Section(TEXT 1.OF BILL BEGINS ON NEXT PAGE) - i - H.B.

Section2116 13-901,Be Arizonait Revisedenacted Statutes,by isthe amendedLegislature toof read:the State of Arizona:

13-901.Section 1.

ProbationSection A.13-924, Arizona Revised Statutes, is amended to read:

If13-924. 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.

IfProbation; a person is not eligible for probation, imposition or execution of sentence shall not be suspended or delayed.

Ifearned thetime courtcredit; imposes probation, it may also impose a fine as authorized by chapter 8 of this title.

Ifwork probationtime iscredit; 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.

Whenapplicability; 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.

Thisdefinitions feeA. is not subject to any surcharge.

InThe justicecourt andmay municipaladjust courts the feeperiod shallof onlya beprobationer's assessedsupervised whenprobation on the personrecommendation isof placedan onadult supervisedprobation probation.officer for earned time credit AND WORK TIME CREDIT.

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 Senate Amendments to H.B.

2116 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.

TheEarned periodtime ofcredit probationequals shalltwenty bedays determinedfor accordingevery tothirty sectiondays 13-902, except that if a personprobationer isdoes releasedall 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 amountfollowing: of time the director of the state department of corrections approves for the inmate's temporary release.

1.

Exhibits positive progression toward the goals and treatment of the probationer’s case plan.

2.

Is current on payments for court ordered restitution and is in compliance with all other nonmonetary obligations.

3.

Is current in completing community restitution.

TheWORK court,TIME inCREDIT itsEQUALS discretion,THIRTY mayDAYS issueFOR aEVERY warrantTHIRTY forDAYS theTHAT rearrestA ofPROBATIONER theIS defendantENGAGED andIN mayELIGIBLE modifyEMPLOYMENT. or add to the conditions or, if the defendant commits an additional offense or violates a condition, may revoke probation in accordance with the rules of criminal procedure at any time before the expiration or termination of the period of probation.

IfA thePROBATIONER courtMUST revokesPROVIDE theSUPPORTING defendant'sDOCUMENTATION probationTO andTHE theSUPERVISING defendantPROBATION isOFFICER servingWITHIN moreFIVE thanBUSINESS oneDAYS probationaryAFTER termCOMPLETING concurrently,THIRTY theDAYS courtOF mayELIGIBLE sentenceEMPLOYMENT. the person to terms of imprisonment to be served consecutively.

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.

THE PROBATION OFFICER MUST DOCUMENT ANY REQUEST FOR WORK TIME CREDIT THAT IS DENIED.

C.

AtAny anyearned time duringcredit theAND probationaryWORK termTIME ofCREDIT theawarded personpursuant releasedto onthis probation,section anyshall probationbe officer,revoked withoutif warranta orprobationer otheris processfound andin atviolation anyof timea untilcondition the final disposition of theprobation. case, may rearrest any person and bring the person before the court.

-2-D. Senate Amendments to H.B.

2116 E.

TheThis court,section ondoes itsnot ownapply 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 timeprobationer earlierwho thanis thatcurrently: 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.

On1. the petition of the victim pursuant to section 12-1809 and before the court terminates the period of probation or intensive probation early, the court after hearing from the victim shall determine whether to prohibit the defendant from contacting the victim and, if necessary, issue an injunction against harassment against the defendant.

IfOn thelifetime court issues an injunction against harassment, the injunction must be served on the defendant before terminating the period of probation or intensive probation.

2.

On probation for any class 2 or 3 felony.