Assigned to JUD AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1364
probation; transfer
Purpose
Requires the supervising probation department to courtesy transfer a probationer's
intensive probation supervision or supervised probation to the county 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 that will assist in the
probationer's positive behavioral change.
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 supervising probation department to courtesy transfer a probationer's intensive
probation supervision or supervised probation to the county 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 that will assist in the probationer's positive behavioral
change. FACT SHEET – Amended
S.B. 1364
Page 2
2. Requires a probationer make a written request to the supervising probation department to
proceed with courtesy transfer.
3. Requires the supervising probation department to:
a) confirm details of the probationer's employment, housing or family caregiving plans;
b) review any victim safety concerns and ensure compliance with the victim's bill of rights;
and
c) submit the request for permission to proceed to the receiving county within seven business
days after receipt.
4. Requires the receiving probation department to, after verifying information published by the
sending probation department, provide the sending probation department with permission for
transfer within seven business days after receipt unless the receiving probation department:
a) finds the basis for the transfer plan to be not factual; or
b) finds the transfer will endanger the probationer's victim.
5. Allows for the probationer to be transferred back to the county in which probation was
originally imposed for revocation hearings or by court order.
6. Makes technical changes.
7. Becomes effective on general effective date.
Amendments Adopted by Committee
1. Specifies that probationers can be transferred from counties, rather than jurisdictions.
2. Specifies a probationers transfer request must be a written transfer request.
3. Requires the supervising probation department to complete outlined requirements before
proceeding with a probationer's courtesy transfer to the receiving county.
4. Expands requirements for the receiving probation department.
5. Allows a probationer to be returned to the county where the probationer was originally
imposed, under certain conditions.
Senate Action
JUD 02/08/24 DPA 7-0-0
Prepared by Senate Research
February 8, 2024
ZD/KK/cs