SB 1262 — probation; felony violation; rearrest

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 permitted 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 - 2 - S.B.

1262 including the initial one year ONE-YEAR period of incarceration imposed as a term of probation, the maximum period of imprisonment permitted 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.

Sec.

2.

Section 13-903, Arizona Revised Statutes, is amended to read:

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.

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1262 Sec.

3.

Section 13-917, Arizona Revised Statutes, is amended to read:

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.

Sec.

4.

Section 13-924, Arizona Revised Statutes, is amended to read:

13-924.

Probation;

earned time credit;

applicability 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.

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 restitution and is in compliance with all other nonmonetary obligations.

3.

Is current in completing community restitution.

C.

Any earned time credit awarded pursuant to this section shall be revoked if a probationer is found in violation of a condition of probation.

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1262 D.

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.

E.

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.

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