Bill Text: AZ SB1054 | 2011 | Fiftieth Legislature 1st Regular | Engrossed


Bill Title: Waiver; intensive probation standards

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-04-19 - Governor Signed [SB1054 Detail]

Download: Arizona-2011-SB1054-Engrossed.html

 

 

 

Senate Engrossed

 

 

 

State of Arizona

Senate

Fiftieth Legislature

First Regular Session

2011

 

 

SENATE BILL 1054

 

 

 

AN ACT

 

amending sections 8‑356, 12‑269 and 13‑919, Arizona Revised Statutes; relating to probation officers.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



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

Section 1.  Section 8-356, Arizona Revised Statutes, is amended to read:

START_STATUTE8-356.  Waiver of standards

A.  The supreme court may waive the requirements of section 8‑353, subsections A and B and subsection C, paragraph 2 may be waived by the supreme court for a county with a population of fewer than three hundred thousand persons if the case load of every officer officers supervising juveniles on intensive probation is not more than fifteen juveniles and the program requires visual contact with each probationer at least one time a week.

B.  If a waiver is granted and the intensive probation case load for each officer does not exceed fifteen, officers may supervise other additional juveniles on probation who in the judgment of the chief probation officer require additional supervision or pose a greater than normal risk to the community, as long as the total case load does not exceed fifteen. END_STATUTE

Sec. 2.  Section 12-269, Arizona Revised Statutes, is amended to read:

START_STATUTE12-269.  Probation funding; counties with a population of two million or more persons; assessment; support

A.  The administrative office of the courts shall not disburse any direct state aid for probation services monies, including motor pool costs, that are appropriated for juvenile intensive probation services pursuant to section 8‑353, state aid for probation services pursuant to section 12-262, adult intensive probation pursuant to title 13, chapter 9 and community punishment programs pursuant to article 11 of this chapter to a county with a population of two million or more persons.

B.  A county with a population of two million or more persons shall maintain probation standards that are otherwise prescribed by law, except that the probation ratios and team compositions that are listed in sections 8‑203, 8‑353, 12‑251 and 13-916 do not apply.  The county shall maintain appropriate ratios of officers to probationers consistent with evidence based practices in differentiated case management and shall annually report its performance to the chief justice of the Arizona supreme court, the speaker of the house of representatives and the president of the senate on or before October 1 of each year.  The annual report shall include, for each probation program, the rate of successful completion of probation, the rate of new felony convictions and the rate of commitment to the state department of corrections or the department of juvenile corrections.

C.  In lieu of the surcharge assessment prescribed in section 12‑114.01 and in addition to any other penalty, fine, fee SURCHARGE or  assessment provided authorized by law, a county with a population of two million or more persons shall levy a probation surcharge person shall pay a PROBATION assessment in an amount determined by the a county with a population of two MILLION or more persons on every fine, penalty and forfeiture imposed and collected by the superior, justice and municipal courts for criminal offenses and any civil penalty imposed and collected conviction for a criminal offense or a finding of RESPONSIBILITY for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except parking violations, or for a violation of the game and fish statutes in title 17.

D.  The monies collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the adult probation services fund established by section 12-267 or in the juvenile probation fund established by section 12-268 in such proportion as determined by the board of supervisors.

E.  For the purposes of sections 12‑267 and 12‑268, in a county with a population of two million or more persons, probation fees under section 13‑901 and probation surcharges assessments under this section are not state appropriations.

F.  Notwithstanding any other provision of this section, the administrative office of the courts shall provide centralized support services to all counties from monies that are provided for probation programs. END_STATUTE

Sec. 3.  Section 13-919, Arizona Revised Statutes, is amended to read:

START_STATUTE13-919.  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 officers 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. END_STATUTE

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