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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : PROBATION AND RESTORATION OF CIVIL RIGHTS
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13-901.01 Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education; definition
A. Notwithstanding any law to the contrary, any person who is convicted of the
personal possession or use of a controlled substance or drug paraphernalia is eligible
for probation. The court shall suspend the imposition or execution of sentence and place
the person on probation.
B. Any person who has been convicted of or indicted for a violent crime as defined
in section 13-604.04 is not eligible for probation as provided for in this section but
instead shall be sentenced pursuant to chapter 34 of this title.
C. Personal possession or use of a controlled substance pursuant to this section
shall not include possession for sale, production, manufacturing or transportation for
sale of any controlled substance.
D. If a person is convicted of personal possession or use of a controlled substance
or drug paraphernalia, as a condition of probation, the court shall require participation
in an appropriate drug treatment or education program administered by a qualified agency
or organization that provides such programs to persons who abuse controlled
substances. Each person who is enrolled in a drug treatment or education program shall
be required to pay for participation in the program to the extent of the person's
financial ability.
E. A person who has been placed on probation pursuant to this section and who is
determined by the court to be in violation of probation shall have new conditions of
probation established by the court. The court shall select the additional conditions it
deems necessary, including intensified drug treatment, community restitution, intensive
probation, home arrest or any other sanctions except that the court shall not impose a
term of incarceration unless the court determines that the person violated probation by
committing an offense listed in chapter 34 or 34.1 of this title or an act in violation
of an order of the court relating to drug treatment.
F. If a person is convicted a second time of personal possession or use of a
controlled substance or drug paraphernalia, the court may include additional conditions
of probation it deems necessary, including intensified drug treatment, community
restitution, intensive probation, home arrest or any other action within the jurisdiction
of the court.
G. At any time while the defendant is on probation, if after having a reasonable
opportunity to do so the defendant fails or refuses to participate in drug treatment, the
probation department or the prosecutor may petition the court to revoke the defendant's
probation. If the court finds that the defendant refused to participate in drug
treatment, the defendant shall no longer be eligible for probation under this section but
instead shall be sentenced pursuant to chapter 34 of this title.
H. A person is not eligible for probation under this section but instead shall be
sentenced pursuant to chapter 34 of this title if the court finds the person either:
1. Had been convicted three times of personal possession of a controlled substance
or drug paraphernalia.
2. Refused drug treatment as a term of probation.
3. Rejected probation.
I. Subsections G and H of this section do not prohibit the defendant from being
placed on probation pursuant to section 13-901 if the defendant otherwise qualifies for
probation under that section.
J. For the purposes of this section, "controlled substance" has the same meaning
prescribed in section 36-2501. 13-901.02 Drug treatment and education fund
A. The drug treatment and education fund is established. The administrative office
of the supreme court shall administer the fund.
B. Fifty per cent of the monies deposited in the drug treatment and education fund
shall be distributed by the administrative office of the supreme court to the superior
court probation departments to cover the costs of placing persons in drug education and
treatment programs administered by a qualified agency or organization that provides such
programs to persons who abuse controlled substances. Such monies shall be allocated to
superior court probation departments according to a formula based on probation caseload
to be established by the administrative office of the supreme court.
C. Fifty per cent of the monies deposited in the drug treatment and education fund
shall be distributed to the ARIZONA parents commission on drug education and prevention
established by section 41-1604.17.
D. The administrative office of the supreme court shall cause to be prepared at the
end of each fiscal year after 1997 an accountability report card that details the cost
savings realized from the diversion of persons from prisons to probation. A copy of the
report shall be submitted to the governor and the legislature, and a copy of the report
shall be sent to each public library in the state. The administrative office of the
supreme court shall receive reimbursement from the drug treatment and education fund for
any administrative costs it incurs in the implementation of this section.
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 such person on intensive probation supervision pursuant to section 13-913 or
supervised or unsupervised probation upon 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. When granting probation to an adult the court shall, as a condition of probation,
assess a monthly fee of not less than fifty dollars unless, after determining the
inability of the probationer to pay the fee, the court assesses a lesser fee. 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 greater than forty dollars of the fee assessed
pursuant to this subsection shall only be used to supplement monies currently 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. The period of probation shall be determined according to section 13-902.
C. The court may in its discretion 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
rules of criminal procedure at any time prior to 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. At any time during the probationary term of the person released on probation,
any probation officer may, without warrant or other process, at any time until the final
disposition of the case, rearrest any person and bring the person before the court.
E. The court, on its own initiative or upon 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. 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 under chapter 7 of this title, whichever is the shorter.
G. If restitution is made a condition of probation, the court shall fix the amount
of restitution and the manner of performance pursuant to the provisions of chapter 8 of
this title.
H. 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.
I. 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 which is not in
violation of section 13-901.01.
13-902 Periods of probation
A. Unless terminated sooner, probation may continue for the following periods:
1. For a class 2 felony, seven years.
2. For a class 3 felony, five years.
3. For a class 4 felony, four years.
4. For a class 5 or 6 felony, three years.
5. For a class 1 misdemeanor, three years.
6. For a class 2 misdemeanor, two years.
7. For a class 3 misdemeanor, one year.
B. Notwithstanding subsection A of this section, unless terminated sooner,
probation may continue for the following periods:
1. For a violation of section 28-1381 or 28-1382, five years.
2. For a violation of section 28-1383, ten years.
C. When the court has required, as a condition of probation, that the defendant
make restitution for any economic loss related to the defendant's offense and that
condition has not been satisfied, the court at any time before the termination or
expiration of probation may extend the period within the following limits:
1. For a felony, not more than three years.
2. For a misdemeanor, not more than one year.
D. Notwithstanding any other provision of law, justice courts and municipal courts
may impose the probation periods specified in subsection A, paragraphs 5, 6 and 7 and
subsection B, paragraph 1 of this section.
E. After conviction of a felony offense or an attempt to commit any offense that is
included in chapter 14 or 35.1 of this title or section 13-2308.01, 13-2923 or 13-3623,
if probation is available, probation may continue for a term not less than the term that
is specified in subsection A of this section up to and including life and that the court
believes is appropriate for the ends of justice.
F. After conviction of a violation of section 13-3824, subsection A, if a term of
probation is imposed and the offense for which the person was required to register was a
felony, probation may continue for a term not less than the term that is specified in
subsection A of this section up to and including life and that the court believes is
appropriate for the ends of justice. 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.
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 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 shall be credited to
any sentence of imprisonment imposed upon revocation of probation.
13-904 Suspension of civil rights and occupational disabilities
A. A conviction for a felony suspends the following civil rights of the person
sentenced:
1. The right to vote.
2. The right to hold public office of trust or profit.
3. The right to serve as a juror.
4. During any period of imprisonment any other civil rights the suspension of which
is reasonably necessary for the security of the institution in which the person sentenced
is confined or for the reasonable protection of the public.
5. The right to possess a gun or firearm.
B. Persons sentenced to imprisonment shall not thereby be rendered incompetent as
witnesses upon the trial of a criminal action or proceeding, or incapable of making and
acknowledging a sale or conveyance of property.
C. A person sentenced to imprisonment is under the protection of the law, and any
injury to his person, not authorized by law, is punishable in the same manner as if such
person was not convicted and sentenced.
D. The conviction of a person for any offense shall not work forfeiture of any
property, except if a forfeiture is expressly imposed by law. All forfeitures to the
state, unless expressly imposed by law, are abolished.
E. A person shall not be disqualified from employment by this state or any of its
agencies or political subdivisions, nor shall a person whose civil rights have been
restored be disqualified to engage in any occupation for which a license, permit or
certificate is required to be issued by this state solely because of a prior conviction
for a felony or misdemeanor within or without this state. A person may be denied
employment by this state or any of its agencies or political subdivisions or a person who
has had his civil rights restored may be denied a license, permit or certificate to
engage in an occupation by reason of the prior conviction of a felony or misdemeanor if
the offense has a reasonable relationship to the functions of the employment or
occupation for which the license, permit or certificate is sought.
F. Subsection E of this section is not applicable to any law enforcement agency.
G. Any complaints concerning a violation of subsection E of this section shall be
adjudicated in accordance with the procedures set forth in title 41, chapter 6 and title
12, chapter 7, article 6.
H. A person who is adjudicated delinquent under section 8-341 does not have the
right to carry or possess a gun or firearm.
13-905 Restoration of civil rights; persons completing probation
A. A person who has been convicted of two or more felonies and whose period of
probation has been completed may have any civil rights which were lost or suspended by
his felony conviction restored by the judge who discharges him at the end of the term of
probation.
B. Upon proper application, a person who has been discharged from probation either
prior to or after adoption of this chapter may have any civil rights which were lost or
suspended by his felony conviction restored by the superior court judge by whom the
person was sentenced or his successors in office from the county in which he was
originally convicted. The clerk of such superior court shall have the responsibility for
processing the application upon request of the person involved or his attorney. The
superior court shall cause a copy of the application to be served upon the county
attorney.
C. If the person was convicted of a dangerous offense under section 13-604, the
person may not file for the restoration of his right to possess or carry a gun or
firearm. If the person was convicted of a serious offense as defined in section 13-604
the person may not file for the restoration of his right to possess or carry a gun or
firearm for ten years from the date of his discharge from probation. If the person was
convicted of any other felony offense, the person may not file for the restoration of his
right to possess or carry a gun or firearm for two years from the date of his discharge
from probation.
13-906 Applications by persons discharged from prison
A. Upon proper application, a person who has been convicted of two or more felonies
and who has received an absolute discharge from imprisonment may have any civil rights
which were lost or suspended by his conviction restored by the superior court judge by
whom the person was sentenced or his successors in office from the county in which he was
originally sentenced.
B. A person who is subject to the provisions of subsection A of this section may
file, no sooner than two years from the date of his absolute discharge, an application
for restoration of civil rights that shall be accompanied by a certificate of absolute
discharge from the director of the state department of corrections. The clerk of the
superior court that sentenced the applicant shall have the responsibility for processing
applications for restoration of civil rights upon request of the person involved, his
attorney or a representative of the state department of corrections. The superior court
shall cause a copy of the application to be served upon the county attorney.
C. If the person was convicted of a dangerous offense under section 13-604, the
person may not file for the restoration of his right to possess or carry a gun or
firearm. If the person was convicted of a serious offense as defined in section 13-604
the person may not file for the restoration of his right to possess or carry a gun or
firearm for ten years from the date of his absolute discharge from imprisonment. If the
person was convicted of any other felony offense, the person may not file for the
restoration of his right to possess or carry a gun or firearm for two years from the date
of his absolute discharge from imprisonment.
13-907 Setting aside judgment of convicted person on discharge; making of application; release from disabilities; exceptions
A. Except as provided in subsection B of this section, every person convicted of a
criminal offense, on fulfillment of the conditions of probation or sentence and discharge
by the court, may apply to the judge, justice of the peace or magistrate who pronounced
sentence or imposed probation or such judge, justice of the peace or magistrate's
successor in office to have the judgment of guilt set aside. The convicted person shall
be informed of this right at the time of discharge. The application to set aside the
judgment may be made by the convicted person or by the convicted person's attorney or
probation officer authorized in writing. If the judge, justice of the peace or magistrate
grants the application, the judge, justice of the peace or magistrate shall set aside the
judgment of guilt, dismiss the accusations or information and order that the person be
released from all penalties and disabilities resulting from the conviction other than
those imposed by the department of transportation pursuant to section 28-3304, 28-3306,
28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if
such conviction would be admissible had it not been set aside and may be pleaded and
proved in any subsequent prosecution of such person by the state or any of its
subdivisions for any offense or used by the department of transportation in enforcing
section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not
been set aside.
B. This section does not apply to a person convicted of a criminal offense:
1. Involving the infliction of serious physical injury.
2. Involving the use or exhibition of a deadly weapon or dangerous instrument.
3. For which the person is required or ordered by the court to register pursuant to
section 13-3821.
4. For which there has been a finding of sexual motivation pursuant to section
13-118.
5. In which the victim is a minor under fifteen years of age.
6. In violation of section 28-3473, any local ordinance relating to stopping,
standing or operation of a vehicle or title 28, chapter 3, except a violation of section
28-693 or any local ordinance relating to the same subject matter as section 28-693. 13-908 Restoration of civil rights in the discretion of the superior court judge
Except as provided in section 13-912, the restoration of civil rights and the
dismissal of the accusation or information under the provisions of this chapter shall be
in the discretion of the superior court judge by whom the person was sentenced or his
successor in office.
13-909 Restoration of civil rights; persons completing probation for federal offense
A. A person who has been convicted of two or more felonies and whose period of
probation has been completed may have any civil rights which were lost or suspended by
his felony conviction in a United States district court restored by the presiding judge
of the superior court in the county in which he now resides, upon filing of an affidavit
of discharge from the judge who discharged him at the end of the term of probation.
B. Upon proper application, a person who has been discharged from probation either
prior to or after adoption of this chapter may have any civil rights which were lost or
suspended by his felony conviction restored by an application filed with the clerk of the
superior court in the county in which he now resides. The clerk of the superior court
shall process the application upon request of the person involved or his attorney.
C. If the person was convicted of an offense which would be a dangerous offense
under section 13-604, the person may not file for the restoration of his right to possess
or carry a gun or firearm. If the person was convicted of an offense which would be a
serious offense as defined in section 13-604 the person may not file for the restoration
of his right to possess or carry a gun or firearm for ten years from the date of his
discharge from probation. If the person was convicted of any other felony offense, the
person may not file for the restoration of his right to possess or carry a gun or firearm
for two years from the date of his discharge from probation.
13-910 Applications by persons discharged from federal prison
A. Upon proper application, a person who has been convicted of two or more felonies
and who has received an absolute discharge from imprisonment in a federal prison may have
any civil rights which were lost or suspended by his conviction restored by the presiding
judge of the superior court in the county in which he now resides.
B. A person who is subject to the provisions of subsection A of this section may
file, no sooner than two years from the date of his absolute discharge, an application
for restoration of civil rights that shall be accompanied by a certificate of absolute
discharge from the director of the federal bureau of prisons, unless it is shown to be
impossible to obtain such certificate. Such application shall be filed with the clerk of
the superior court in the county in which the person now resides, and such clerk shall be
responsible for processing applications for restoration of civil rights upon request of
the person involved or his attorney.
C. If the person was convicted of an offense which would be a dangerous offense
under section 13-604, the person may not file for the restoration of his right to possess
or carry a gun or firearm. If the person was convicted of an offense which would be a
serious offense as defined in section 13-604 the person may not file for the restoration
of his right to possess or carry a gun or firearm for ten years from the date of his
absolute discharge from imprisonment. If the person was convicted of any other felony
offense, the person may not file for the restoration of his right to possess or carry a
gun or firearm for two years from the date of his absolute discharge from imprisonment.
13-911 Restoration of civil rights in the discretion of the presiding judge of the superior court
The restoration of civil rights under provisions of sections 13-909 or 13-910 is
within the discretion of the presiding judge of the superior court in the county in which
the person resides.
13-912.01 Restoration of civil rights; persons adjudicated delinquent
A. A person who was adjudicated delinquent and whose period of probation has been
completed may have his right to possess or carry a gun or firearm restored by the judge
who discharges the person at the end of his term of probation.
B. A person who was adjudicated delinquent and who has been discharged from
probation, on proper application, may have his right to carry or possess a gun or firearm
restored by the judge of the juvenile court in the county where the person was
adjudicated delinquent or his successors. The clerk of the superior court shall process
the application on the request of the person involved or the person's attorney. The
applicant shall serve a copy of the application on the county attorney.
C. If the person's adjudication was for a dangerous offense under section 13-604, a
serious offense as defined in section 13-604, burglary in the first degree, burglary in
the second degree or arson, the person may not file for the restoration of his right to
possess or carry a gun or firearm until the person attains thirty years of age. If the
person's adjudication was for any other felony offense, the person may not file for the
restoration of his right to possess or carry a gun or firearm for two years from the date
of his discharge.
13-912 Restoration of civil rights for first offenders; exception
A. Any person who has not previously been convicted of any other felony shall
automatically be restored any civil rights that were lost or suspended by the conviction
if the person both:
1. Completes a term of probation or receives an absolute discharge from
imprisonment.
2. Pays any fine or restitution imposed.
B. This section does not apply to a person's right to possess weapons as defined in
section 13-3101 unless the person applies to a court pursuant to section 13-905 or
13-906.
13-913 Definition of intensive probation
In this chapter, unless the context otherwise requires, "intensive probation" means
a program established pursuant to this chapter of highly structured and closely
supervised probation which emphasizes the payment of restitution.
13-914 Intensive probation; evaluation; sentence; criteria; limit; conditions
A. An adult probation officer shall prepare a presentence report for every offender
who has either:
1. Been convicted of a felony and for whom the granting of probation is not
prohibited by law.
2. Violated probation by commission of a technical violation that was not
chargeable or indictable as a criminal offense.
B. The adult probation officer shall evaluate the needs of the offender and the
offender's risk to the community, including the nature of the offense and criminal
history of the offender. If the nature of the offense and the prior criminal history of
the offender indicate that the offender should be included in an intensive probation
program pursuant to supreme court guidelines for intensive probation, the adult probation
officer may recommend to the court that the offender be granted intensive probation.
C. The court may suspend the imposition or execution of the sentence and grant the
offender a period of intensive probation in accordance with this chapter. Except for
sentences that are imposed pursuant to section 13-3601, the sentence is tentative to the
extent that it may be altered or revoked pursuant to this chapter, but for all other
purposes it is a final judgment of conviction. This subsection does not preclude the
court from imposing a term of intensive probation pursuant to section 13-3601.
D. When granting intensive probation the court shall set forth on the record the
factual and legal reasons in support of the sentence.
E. Intensive probation shall be conditioned on the offender:
1. Maintaining employment or maintaining full-time student status at a school
subject to title 15 or title 32, chapter 30 and making progress deemed satisfactory to
the probation officer, or both, or being involved in supervised job searches and
community restitution work at least six days a week throughout the offender's term of
intensive probation.
2. Paying restitution and probation fees of not less than fifty dollars unless,
after determining the inability of the offender to pay the fee, the court assesses a
lesser fee. Probation fees shall be deposited in the adult probation services fund
established by section 12-267. Any amount greater than forty dollars of the fee assessed
pursuant to this subsection shall only be used to supplement monies currently used for
the salaries of adult probation and surveillance officers and for support of programs and
services of the superior court adult probation departments.
3. Establishing a residence at a place approved by the intensive probation team and
not changing the offender's residence without the team's prior approval.
4. Remaining at the offender's place of residence at all times except to go to
work, to attend school, to perform community restitution and as specifically allowed in
each instance by the adult probation officer.
5. Allowing administration of drug and alcohol tests if requested by a member of
the intensive probation team.
6. Performing not less than forty hours of community restitution each
month. Full-time students may be exempted or required to perform fewer hours of
community restitution. For good cause, the court may reduce the number of community
restitution hours performed to not less than twenty hours each month.
7. Meeting any other conditions imposed by the court to meet the needs of the
offender and limit the risks to the community, including participation in a program of
community punishment authorized in title 12, chapter 2, article 11. 13-916 Intensive probation teams; adult probation officer qualifications; duties; case load limit
A. The chief adult probation officer in each county, with approval of the presiding
judge of the superior court, shall appoint intensive probation teams consisting of one
adult probation officer and one surveillance officer, or one adult probation officer and
two surveillance officers.
B. A two person intensive probation team shall supervise no more than twenty-five
persons at one time, and a three person intensive probation team shall supervise no more
than forty persons at one time.
C. The adult probation officers shall meet the bonding requirements and experience
and education standards established pursuant to section 12-251.
D. The intensive probation team may serve warrants on, make arrests of and bring
before the court persons who have violated the terms of intensive probation.
E. The adult probation and surveillance officers both have the authority of a peace
officer in the performance of their duties but are not eligible to participate in the
public safety personnel retirement system.
F. The intensive probation team shall:
1. Secure and keep a complete identification record of each person supervised by
the team and a written statement of the conditions of the probation.
2. Exercise close supervision and observation over persons sentenced to intensive
probation including both of the following:
(a) Visual contact with each probationer at least four times per week.
(b) Weekly contact with the employer of the probationer.
3. Obtain and assemble information concerning the conduct of persons sentenced to
intensive probation, including weekly arrest records, and report the information to the
court.
4. Report to the court if the probationer engages in conduct constituting an
offense.
5. Bring a defaulting probationer into court if, in the judgment of the adult
probation officer, the probationer's conduct justifies revoking the intensive probation.
6. Monitor the payment of restitution and probation fees and bring into court any
probationer who fails to pay restitution or fees.
7. Perform any other responsibilities required by the terms and conditions imposed
by the court.
13-917 Modification of supervision
A. The adult probation officer shall periodically examine the needs of each person
granted intensive probation and the risks of modifying the level of supervision of the
person. The court may at any time modify the level of supervision of a person granted
intensive probation, or may transfer the person to supervised probation or terminate the
period of intensive probation pursuant to section 13-901, subsection E.
B. The court may issue a warrant for the arrest of a person granted intensive
probation. If the person commits an additional offense or violates a condition of
probation, the court may revoke intensive probation at any time before the expiration or
termination of the period of intensive probation. If a petition to revoke the period of
intensive probation is filed and the court finds that the person has committed an
additional felony offense or has violated a condition of intensive probation which poses
a serious threat or danger to the community, the court shall revoke the period 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, it shall
modify the conditions of intensive probation as appropriate or shall revoke the period of
intensive probation and impose a term of imprisonment as authorized by law.
C. The court shall notify the prosecuting attorney, and the victim on request, of
any proposed modification 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.
13-918 Employment; distribution of wages
A. The intensive probation team shall assist each person under its supervision in
obtaining employment.
B. The person's wages shall be paid directly to an account established by the chief
adult probation officer from which the chief adult probation officer shall make payments
for restitution, probation fees, fines and other payments. The balance of the monies
shall be placed in an account to be used for or paid to the person or his immediate
family in a manner and in such amounts as determined by the chief adult probation officer
or the court. Any monies remaining in the account at the time the person successfully
completes probation shall be paid to the person.
13-919 Waiver of standards
The requirements of section 13-916, subsection A, subsection B and subsection F,
paragraph 2 may be waived for a county with a population of fewer than three hundred
thousand persons if the case load of every adult probation officer supervising persons on
intensive probation is not more than fifteen persons and the program requires visual
contact with each probationer at least one time a week.
13-920 Budget requests
The presiding judge of the superior court shall annually submit a proposed budget
for the following fiscal year for the intensive probation program to the supreme
court. The supreme court shall include the counties' requests in its annual budget
request and shall distribute to the participating counties the monies appropriated by the
legislature for intensive probation.
13-921 Probation for defendants under eighteen years of age; dual adult juvenile probation
A. The court may enter a judgment of guilt and place the defendant on probation
pursuant to this section if all of the following apply:
1. The defendant is under eighteen years of age at the time the offense is
committed.
2. The defendant is convicted of a felony offense.
3. The defendant is not sentenced to a term of imprisonment.
4. The defendant does not have a historical prior felony conviction as defined in
section 13-604.
B. If the court places a defendant on probation pursuant to this section, all of
the following apply:
1. Except as provided in paragraphs 2, 3 and 4 of this subsection, if the defendant
successfully completes the terms and conditions of probation, the court may set aside the
judgment of guilt, dismiss the information or indictment, expunge the defendant's record
and order the person to be released from all penalties and disabilities resulting from
the conviction. The clerk of the court in which the conviction occurred shall notify each
agency to which the original conviction was reported that all penalties and disabilities
have been discharged and that the defendant's record has been expunged.
2. The conviction may be used as a conviction if it would be admissible pursuant to
section 13-604 as if it had not been set aside and the conviction may be pleaded and
proved as a prior conviction in any subsequent prosecution of the defendant.
3. The conviction is deemed to be a conviction for the purposes of sections
28-3304, 28-3305, 28-3306 and 28-3320.
4. The defendant shall comply with sections 13-3821 and 13-3822.
C. A defendant who is placed on probation pursuant to this section is deemed to be
on adult probation.
D. If a defendant is placed on probation pursuant to this section, the court as a
condition of probation may order the defendant to participate in services that are
available to the juvenile court.
E. The court may order that a defendant who is placed on probation pursuant to this
section be incarcerated in a county jail at whatever time or intervals, consecutive or
nonconsecutive, that the court determines. The incarceration shall not extend beyond the
period of court ordered probation, and the length of time the defendant actually spends
in a county jail shall not exceed one year.
F. In addition to the provisions of this section, the court may apply any of the
provisions of section 13-901.
13-922 Persons convicted of sexual offenses; residency restrictions; exceptions; definitions
(Rpld. 1/1/11)
A. An adult probation officer shall not approve the residence of a probationer who
has been convicted of a felony offense that requires the probationer to register pursuant
to section 13-3821 in any multifamily dwelling unless the number of probationers who are
required to register and who reside in the multifamily dwelling is less than ten per cent
of the number of dwelling units that are contained in the multifamily dwelling. Not more
than one probationer who is classified as a level three offender pursuant to sections
13-3825 and 13-3826 shall reside in a multifamily dwelling.
B. Subsection A of this section does not apply to any of the following:
1. A person who was convicted of a sexual offense and who was placed on probation
before the effective date of this section until that person changes residence.
2. A person who resides in a residential treatment facility or a person who
participates in a supervised program that provides transitional services, including
diagnostic evaluation, behavioral, medical, psychiatric, psychological and social service
care.
3. A juvenile who resides with a parent or guardian.
4. A multifamily dwelling in an industrial or commercial zone.
C. This section does not limit the court's discretion to prohibit or restrict, as a
condition of probation, a person who is convicted of a sexual offense from residing in
any multifamily dwelling.
D. A public entity or an employee of a public entity is not liable for any failure
to prevent a violation of this section unless the public employee, acting within the
scope of the public employee's employment, intended to disregard the provisions of this
section or to cause injury or was grossly negligent.
E. This section applies only in counties with a population of more than two million
five hundred thousand persons.
F. For the purposes of this section:
1. "Multifamily dwelling" means a building or buildings that are located in an area
zoned residential, that are attached to each other, that contain two or more dwelling
units, including triplexes, fourplexes and apartments, and that have as their primary
access a common hallway or corridor.
2. "Multifamily dwelling unit" means one or more rooms within a building that are
arranged, designed or used for residential purposes and that contain independent sanitary
and cooking facilities.
3. "Residential treatment facility" means a residential facility that provides any
service or care, including diagnostic evaluation, behavioral, medical, psychiatric,
psychological and social service care, vocational rehabilitation or career counseling, to
residents and that is licensed by this state or a political subdivision of this state.
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