Arizona Laws 13-4436. Effect of failure to comply
A. The failure to comply with a victim‘s constitutional or statutory right is a ground for the victim to request a reexamination proceeding within ten days of the proceeding at which the victim’s right was denied or with leave of the court for good cause shown. After the victim requests a reexamination proceeding and after the court gives reasonable notice, the court shall afford the victim a reexamination proceeding to consider the issues raised by the denial of the victim’s right. Except as provided in subsection B, the court shall reconsider any decision that arises from a proceeding in which the victim’s right was not protected and shall ensure that the victim’s rights are thereafter protected.
Terms Used In Arizona Laws 13-4436
- Accused: means a person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial. See Arizona Laws 13-4401
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means all state, county and municipal courts in this state. See Arizona Laws 13-4401
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Post-conviction release: means parole, work furlough, community supervision, probation if the court waived community supervision pursuant to section 13-603, home arrest or any other permanent, conditional or temporary discharge from confinement in the custody of the state department of corrections or a sheriff or from confinement in a municipal jail or a secure mental health facility. See Arizona Laws 13-4401
- Prisoner: means a person who has been convicted of a criminal offense against a victim and who has been sentenced to the custody of the sheriff, the state department of corrections, a municipal jail or a secure mental health facility. See Arizona Laws 13-4401
- Release: means no longer in the custody of a custodial agency and includes transfer from one custodial agency to another custodial agency. See Arizona Laws 13-4401
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Rights: means any right that is granted to the victim by the laws of this state. See Arizona Laws 13-4401
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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
B. The failure to use reasonable efforts to perform a duty or provide a right is not cause to seek to set aside a conviction after trial. Failure to afford a right under this chapter shall not provide grounds for a new trial. A victim who was given notice of a plea or sentencing proceeding may make a motion to reopen a plea or sentence only if the victim was not voluntarily absent from the proceeding and has asserted the right to be heard before or during the proceeding at issue and the right to be heard was denied and, in the case of a plea, the accused has not pled to the highest offense charged. This subsection does not affect the victim’s right to restitution, which the victim may seek to enforce at any time.
C. Unless the prisoner is discharged from the prisoner’s sentence, the failure to use reasonable efforts to provide notice and a right to be present or be heard pursuant to this chapter at a proceeding that involves a post-conviction release is a ground for the victim to seek to set aside the post-conviction release until the victim is afforded the opportunity to be present or be heard.
D. If the victim seeks to have a post-conviction release set aside pursuant to subsection C, the court, board of executive clemency or state department of corrections shall afford the victim a reexamination proceeding after the parties are given notice.
E. A reexamination proceeding conducted pursuant to this section or any other proceeding that is based on the failure to perform a duty or provide a right shall commence not more than thirty days after the appropriate parties have been given notice that the victim is exercising the right to a reexamination proceeding pursuant to this section or to another proceeding based on the failure to perform a duty or provide a right.