HB 2055 Initials JL/GC Page 1 House Engrossed ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session House: JUD DP 8-0-0-0-0-0 HB 2055: probation; work time credits; reporting. Sponsor: Representative Bliss, LD 1 House Engrossed Overview Allows a court to consider work time credit as a basis to adjust a probationer's supervised probation period. Specifies a process for a probationer to report to a probation officer. Contains a delayed effective date of January 1, 2024. History Current law allows a court to suspend a convicted person's sentence and place the person on a period of probation. A court may also terminate probation early under certain circumstances (A.R.S. § 13-901). Statute authorizes a court to consider earned time credit as a basis to adjust a probationer's supervised probation period if recommended by an adult probation officer. Earned time credit equals 20 days for every 30 days that a probationer exhibits positive progression toward the probationer's case plan and is current on certain monetary and nonmonetary obligations. An adjustment for earned time credit does not apply to a probationer who is: 1) On lifetime probation; 2) On probation for any class 2 or 3 felony; 3) On probation exclusively for a misdemeanor offense; or 4) Required to register as a sex offender. A court must revoke earned time credit awarded to a probationer if the probationer violates probation conditions (A.R.S. § 13-924). Provisions 1. Adds work time credit as a basis for a court to adjust a probationer's supervised probation period if recommended by an adult probation officer. (Sec. 2) 2. Specifies that work time credit equals 30 days for every 30 days provided that a probationer does all the following: a) Is engaged in eligible employment and has been verified by the probation officer through supporting documentation or through site visits or telephonic verification; b) Exhibits positive progression toward the goals and treatment of the probationer's case plan; c) Is current on all court-ordered restitution payments and in completing community restitution; and d) Is in compliance with all other nonmonetary obligations. (Sec. 2) 3. Requires a probationer to provide supporting documentation to a supervising probation officer within 5 business days after completing 30 days of eligible employment. (Sec. 2) ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2055 Initials JL/GC Page 2 House Engrossed 4. Instructs a supervising probation officer to verify a probationer's employment and document any denied request for work time credit. (Sec. 2) 5. Requires that awarded work time credit be revoked if a probationer violates probation conditions. (Sec. 2) 6. Defines eligible employment and supporting documentation. (Sec. 2) 7. Allows a court to require a probationer to report to a probation officer. (Sec. 1) 8. Authorizes a probation officer to allow a probationer to fulfill a reporting requirement remotely. (Sec. 1) 9. Requires a probation officer to consider and accommodate the following factors, before setting the probationer's reporting requirements: a) The probationer's work schedule; b) Substance abuse treatment or recovery; c) Mental health treatment; d) Transportation availability; e) Family caregiver obligations; and f) Medical care requirements. (Sec. 1) 10. Entitles this act as the "Earning Safe Reentry Through Work Act of 2023." (Sec. 4) 11. Contains a delayed effective date of January 1, 2024. (Sec. 3) 12. Makes technical and conforming changes. (Sec. 1, 2) ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note