Arizona courts tailor probation rules and allow credits for progress

Courts and probation officers must set only probation conditions that are reasonably needed and tailored to the person. These rules apply to conditions imposed on people granted probation, unless another law requires otherwise. Conditions must support law-abiding behavior, public safety, or rehabilitation and must reflect a validated risk assessment. Before imposing a standard condition, the court or probation officer must consider waiving one that is not reasonably needed. Before imposing a special condition, they must consider information properly presented to the court, decide whether it is more restrictive than needed, and ensure the case record supports it. If a presentence report was prepared, its findings must also inform the conditions.

Probation departments must review qualifying requests to transfer supervised or intensive probation to another Arizona county. The process covers people on supervised or intensive probation seeking to move to another county in Arizona. The person must make a written request, intend to live in the receiving county, and show family care duties, a job or housing, or an offer of a job or housing that would support positive behavior change. The sending department must check the plan and victim safety. The receiving department must allow the person to proceed unless the plan is not factual or the transfer would endanger the victim. After a transfer, the receiving county generally may not return supervision to the original county because of a later violation or offense, except for revocation hearings or a court order. The sending department must submit the request within seven business days after receiving it. The receiving department must respond within seven business days after receiving the request.

A court may shorten a person's supervised probation based on earned-time or work-time credits recommended by an adult probation officer. These credits apply to people on supervised probation, subject to the listed exclusions. Earned-time credit is 20 days for each 30 days of positive progress on the case plan, current restitution payments and other non-money duties, and completed community restitution. Work-time credit is 30 days for each 30 days of eligible work, positive case-plan progress, current restitution payments and other non-money duties, and completed community restitution. The person must document the work, and the probation officer must verify it. Any credits awarded must be revoked if the person is found to have violated a probation condition. Credits do not apply to people on lifetime probation; probation for a class 2 or 3 felony; probation only for a misdemeanor; or a requirement to register under section 13-3821.