Arizona SB 1208: lifetime probation; early termination

Bill Text

SB1208 - 572R - I Ver 

 REFERENCE TITLE: lifetime probation; early termination

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 SB 1208

 Introduced by 

 Senator 
 Bolick

AN 
ACT

AMENDING SECTIONS 13-901 AND 13-923, ARIZONA 
REVISED STATUTES; RELATING TO PROBATION.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 13-901, Arizona Revised 
Statutes, is amended to read:

START_STATUTE13-901. 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 the person on intensive 
probation supervision pursuant to section 13-913 or supervised or 
unsupervised probation on 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, as a 
condition of probation, shall assess a monthly fee of not less than $65 unless, 
after determining the inability of the probationer to pay the fee, the court 
assesses a lesser fee. This fee is not subject to any surcharge.� 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 assessed pursuant to this 
subsection 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.

B. The period of probation shall be determined 
according to section 13-902, except that if a person is released pursuant 
to section 31-233, subsection B and community supervision is waived 
pursuant to section 13-603, subsection K, the court shall extend the 
period of probation by the amount of time the director of the state department 
of corrections approves for the inmate's temporary release.

C. The court, in its discretion, may 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 Arizona rules of criminal procedure at 
any time before 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, without warrant or other 
process and at any time until the final disposition of the case, may rearrest 
any person and bring the person before the court.

E. The court, on its own initiative or on 
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. If the defendant was sentenced to 
lifetime probation, the court may not modify or terminate the period of 
probation before the defendant serves twenty-five years.� 

F. When granting probation the court may require 
that the defendant be imprisoned in the county jail at whatever time or 
intervals, consecutive or noncons