Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1364
probation; transfer
Purpose
Requires the probation department to transfer a probationer's intensive probation
supervision or supervised probation to the jurisdiction in Arizona in which the probationer is
requesting to reside, if the probationer can provide proof of: 1) family care giver obligations;
2) employment or housing; or 3) an offer of employment or housing.
Background
Intensive probation means a program of highly structured and closely supervised probation
that emphasizes individualized intervention for a person who is deemed appropriate for the
program. Includes the payment of restitution as required. Intensive probation must be conditioned
on the offender: 1) maintaining employment or full-time student status or a combination of
employment and student status; 2) paying restitution; 3) paying probation fees of not less than $75
unless the court assesses a lesser fee; 4) paying monetary obligations imposed by the court; and
5) complying with any other conditions imposed by the court (A.R.S. §§ 13-913 and 13-914).
If the court imposes a term of probation, the court may require the defendant to report to a
probation officer. The court or the defendant's probation officer may allow the defendant to fulfill
a reporting requirement through remote reporting. The probation officer may take into
consideration and make accommodations for the probationer's work schedule, family caregiver
obligations, substance abuse treatment or recovery program, mental health treatment,
transportation availability and medical care requirements before setting the reporting time and
location requirements for the probationer (A.R.S. § 13-901).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires the probation department to transfer a probationer's intensive probation supervision
or supervised probation to the jurisdiction in Arizona in which the probationer is requesting to
reside, if the probationer can provide proof of:
a) family care giver obligations;
b) employment or housing; or
c) an offer of employment or housing.
2. Requires the probation department to grant the probationer's request within seven business
days after the date of request and transfer the probationer's intensive probation supervision or
supervised probation to the other jurisdiction. FACT SHEET
S.B. 1364
Page 2
3. Prohibits the new jurisdiction in which the probationer resides from transferring the
probationer's intensive probation supervision or supervised probation back to the original
jurisdiction if the probationer violates the terms of their probation or commits an additional
offense while in the new jurisdiction.
4. Makes technical changes.
5. Becomes effective on general effective date.
Prepared by Senate Research
February 6, 2024
ZD/KK/cs