Bill Text: AZ SB1095 | 2011 | Fiftieth Legislature 1st Regular | Engrossed


Bill Title: Probation report; electronic submission

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-04-12 - House majority caucus: Do pass [SB1095 Detail]

Download: Arizona-2011-SB1095-Engrossed.html

 

 

 

Senate Engrossed

 

 

 

State of Arizona

Senate

Fiftieth Legislature

First Regular Session

2011

 

 

SENATE BILL 1095

 

 

 

AN ACT

 

amending section 13‑923, Arizona Revised Statutes; relating to probation and restoration of civil rights.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-923, Arizona Revised Statutes, is amended to read:

START_STATUTE13-923.  Persons convicted of sexual offenses; annual probation review hearing; report; notification

A.  If requested by the probationer, the court shall conduct a probation hearing at least once a year for a probationer who is under twenty‑two years of age and who was convicted of an offense that occurred when the person was under eighteen years of age and that requires the probationer to register pursuant to section 13-3821.

B.  This section does not preclude the court from conducting more than one probation review hearing each year.

C.  The probation department that is supervising the probationer shall prepare a probation report and submit the report to the court prior to before the hearing.  This report shall be submitted electronically.

D.  The following individuals shall be notified of the hearing:

1.  A prosecutor.

2.  An attorney for the probationer.

3.  Any victim or victim's attorney who has a right to be present and heard pursuant to the victims' bill of rights, article II, section 2.1 of the constitution of this state Arizona, title 13, chapter 40 of this title or court rule.

4.  The probation officer supervising the probationer.

E.  At the hearing, after hearing from those present pursuant to subsection D of this section, the court shall consider the following:

1.  Whether to continue, modify or terminate probation.

2.  Whether to continue to require, to suspend or to terminate the probationer's registration pursuant to section 13-3821.

3.  Whether to continue, defer or terminate community notification pursuant to section 13‑3825.

F.  The court may hold a prehearing involving the persons listed in subsection D of this section to discuss and advise the court concerning the issues listed in subsection E of this section. END_STATUTE

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