Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1161
probation; work time credits; reporting
Purpose
Beginning January 1, 2024, allows a court, on recommendation from a probation officer,
to reduce a probationer's supervised probation period by 30 days for every 30 days that a
probationer is engaged in eligible employment.
Background
If a person has been convicted of an offense that is eligible for probation, the court may
suspend the imposition or execution of sentence and must immediately place the person on
intensive, supervised or unsupervised probation. The court may terminate a period of probation
early if the ends of justice will be served and the conduct of the defendant warrants it (A.R.S.
§ 13-901). Unless otherwise specified, periods of probation are determined by the classification of
the offense as follows: 1) one year for a class 3 misdemeanor; 2) two years for a class 2
misdemeanor; 3) three years for a class 1 misdemeanor or a class 5 or 6 felony; 5) four years for a
class 4 felony; 6) five years for a class 3 felony; or 7) seven years for a class 2 felony. Longer
terms of probation, including lifetime probation, may be imposed for certain offenses (A.R.S.
§ 13-902).
The court may adjust the period of supervised probation for earned time credit that equals
20 days for every 30 days that a probationer: 1) exhibits positive progression toward the goals and
treatment of the probationer's case plan; 2) is current on payments for court ordered restitution and
is in compliance with all other nonmonetary obligations; and 3) is current in completing
community restitution. Earned time credit for probation does not apply to a probationer who is:
1) on lifetime probation; 2) on probation for a class 2 or 3 felony; 3) on probation exclusively for
a misdemeanor; or 4) required to register as a sex offender (A.R.S. § 13-924).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows an eligible probationer to receive work time credit toward a period of probation that
equals 30 days for every 30 days that a probationer is engaged in eligible employment.
2. Requires a probationer to provide supporting documentation to the supervising probation
officer within 5 business days after completing 30 days of eligible employment.
3. Requires a supervising probation officer to verify the probationer's employment through the
supporting documentation that is provided by the probationer or by any other means that the
court determines is necessary to verify the work. FACT SHEET
S.B. 1161
Page 2
4. Requires the probation officer to document any request for work time credit that is denied.
5. Allows probation work time credit to be revoked if the probationer is found to be in violation
of a condition of probation.
6. Allows the court, if a term of probation is imposed, to require a defendant to report to a
probation officer.
7. Allows the court or the defendant's probation officer to allow the defendant to fulfill a reporting
requirement through remote reporting.
8. Requires a probation to consider and make accommodations for the probationer's work
schedule, family caregiver obligations and medical care requirements before setting the
reporting time and location requirements for the probationer.
9. Defines eligible employment as any occupation or combination of occupations for which a
person can provide supporting documentation verifying at least 130 wage-earning hours in any
30-day period.
10. Defines supporting documentation as an employment record, pay stub, employment letter,
contract or other reliable means of verifying employment.
11. Cites this legislation as the Earning Safe Reentry Through Work Act.
12. Makes technical and conforming changes.
13. Becomes effective on January 1, 2024.
Prepared by Senate Research
February 14, 2023
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