Arizona Laws 13-914. Intensive probation; evaluation; sentence; criteria; conditions
A. An adult probation officer shall prepare a presentence report for every offender who has either:
Terms Used In Arizona Laws 13-914
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
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 of sentence and grant the offender a period of intensive probation in accordance with this chapter. The suspension of sentence may be modified or revoked pursuant to this chapter.
D. When granting intensive probation the court shall set forth on the record the factual and legal reasons in support of the sentence.
E. The court may grant intensive probation only to a person with high risk and high need who is eligible for a grant of probation.
F. Intensive probation shall be conditioned on the offender:
1. Maintaining employment or full-time student status at a school subject to title 15 or Title 32, Chapter 30, or a combination of employment and student status, and making progress deemed satisfactory to the probation officer, 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.
3. Paying probation fees of not less than $75 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 assessed pursuant to this paragraph 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.
4. Paying monetary obligations imposed by the court.
5. Complying with any other conditions imposed by the court in order to meet the needs of the offender and limit the risks to the community.