SB 1364
Initials JL/MB Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: JUD DPA 7-0-0-0 | 3
rd
Read 26-0-4-0
House: JUD DP 9-0-0-0 | 3
rd
Read 57-0-3-0
SB 1364: probation; transfer
Sponsor: Senator Bolick, LD 2
Transmitted to the Governor
Overview
Allows a probationer to request to live in and serve their probation in another county in the
state if they meet certain requirements.
History
The criminal code includes several provisions that govern the procedure for a court to impose
a term of probation, define the different types of probation that may be imposed for eligible
offenses and delineate the terms and conditions that a defendant is subject to while on
probation.
The conditions of supervised probation are dependent on the offense committed and the
discretion of the court. Common requirements often include but are not limited to regularly
reporting to a parole officer, community service or counseling.
Intensive probation is a highly structured and closely supervised probation that emphasizes
individualized intervention for a person deemed appropriate for the program pursuant to
A.R.S. § 13-914 (A.R.S. § 13-913).
Provisions
1. Allows a probationer at the time of sentencing or disposition for intensive or supervised
probation to request to live in another county in the state during their probation if they
can provide proof of family caregiving obligations, employment, housing or an offer of
employment or housing that will assist in the probationer's positive behavioral change.
(Sec. 1)
2. Requires the supervising probation department to do the following upon the probationer's
request:
a) confirm the details of the probationer's employment, housing or family caregiving
plans;
b) review victim safety concerns and ensure compliance with the Victim's Bill of Rights;
c) submit the request for permission to proceed to the receiving county within seven
business days after receipt. (Sec. 1)
3. After verifying the information from the sending probation department, requires the
receiving probation department to send permission for the probationer to be received in
the county within seven business days after receipt, unless the receiving department finds
that the basis of the plan not factual or that the transfer will endanger the victim. (Sec.
1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1364
Initials JL/MB Page 2 Transmitted
4. Except for revocation hearings or on court order, prohibits the receiving probation
department from sending the probationer back to the sending department if the
probationer violates the terms of probation or commits an additional offense. (Sec. 1)