Arizona Laws 13-4415. Notice of probation modification, termination or revocation disposition matters; notice of arrest
A. On request of a victim who has provided an address or other contact information, the court or, if the case is in the superior court, the probation department shall notify the victim of any of the following:
Terms Used In Arizona Laws 13-4415
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Court: means all state, county and municipal courts in this state. See Arizona Laws 13-4401
- Criminal offense: means conduct that gives a peace officer or prosecutor probable cause to believe that a felony, a misdemeanor, a petty offense or a violation of a local criminal ordinance has occurred. See Arizona Laws 13-4401
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person or entity that is formally charged by complaint, indictment or information of committing a criminal offense. See Arizona Laws 13-4401
- 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
- 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.
- Victim: means a person against whom the criminal offense has been committed, including a minor, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused. See Arizona Laws 13-4401
1. A probation revocation disposition proceeding or any proceeding in which the court is asked to terminate the probation or intensive probation of a person who is convicted of committing a criminal offense against the victim.
2. Any hearing on a proposed modification of the terms of probation or intensive probation.
3. The arrest of a person who is on supervised probation and who is arrested pursuant to a warrant issued for a probation violation.
B. On request of a victim who has provided a current address or other current contact information, the court, or if the case is in the superior court, the probation department shall notify the victim of the following:
1. Any proposed modification to any term of probation if the modification affects restitution or incarceration status or the defendant‘s contact with or the safety of the victim.
2. The victim’s right to be heard at a hearing that is set to consider any modification to be made to any term of probation.
3. Any violation of any term of probation that results in the filing with the court of a petition to revoke probation.
4. That a petition to revoke probation alleging that the defendant absconded from probation has been filed with the court.
5. Any conduct by the defendant that raises a substantial concern for the victim’s safety.
C. If a victim has requested postconviction notice, the court or, if the case is in the superior court, the probation department shall provide notice of that request to the state department of corrections and the board of executive clemency if a defendant’s probation is revoked and the defendant is committed to the custody of the state department of corrections.
D. On the request of a victim, the state department of corrections shall provide the victim with the notices that are required by sections 13-4412 and 13-4413.
E. On the request of the victim, the board of executive clemency shall provide the victim with the notice that is required by section 13-4414.