reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-815 - Initial lien on earnings

13-815.
Initial lien on earnings
A. If the writ of criminal garnishment is for earnings of the defendant,  the writ is a lien on the earnings of the defendant from the date of service on the garnishee until any of the following occurs:
1. An order of continuing lien is entered.
2. If an order is not entered,  within forty-five days after the date on which the garnishee files an answer.
3. The writ is quashed or released or becomes ineffective.
B. The garnishee shall not remit any withheld earnings to the party obtaining the writ until the court enters an order pursuant to section 13-818.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-816 - Answer; time and form

13-816.
Answer;  time and form
A. The garnishee shall answer the writ of criminal restitution in the court issuing the writ within ten days after being served.
B. If the writ of criminal garnishment is for earnings of the defendant,  the garnishee shall answer pursuant to section 12-1598.08. If the writ of criminal garnishment is for indebtedness,  monies,  personal property or shares of stock,  the garnishee shall answer pursuant to section 12-1579.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-817 - Objection to garnishment; hearing; discharge of garnishee

13-817.
Objection to garnishment;  hearing;  discharge of garnishee
A. A party who has an objection to the writ of garnishment or the answer may file a written objection and may request a hearing. The party shall state the grounds for objection in writing and shall deliver copies of the objection to all of the parties to the writ.
B. The court shall hold a hearing on an objection to the writ or the answer within ten days after receiving the request. The court may continue the hearing for good cause on terms the court deems appropriate.
C. The court may discharge the garnishee from the writ of criminal restitution if it appears from the garnishee's answer that the garnishee did not owe earnings to the defendant or have the defendant's indebtedness,  monies,  property or stock in the garnishee's possession and if no written objection to the answer is filed. The court shall enter an order discharging the garnishee.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-818 - Order on writ of garnishment for money or property

13-818.
Order on writ of garnishment for money or property
A. If the garnishee's answer shows that the garnishee holds indebtedness or monies of the defendant,  the court shall enter an order of criminal garnishment that requires the garnishee to immediately transfer the indebtedness or monies to the victim or to the court,  the clerk of the court or the prosecuting attorney who is named in the writ of garnishment.
B. If the garnishee's answer shows that the garnishee holds personal property or stock of the defendant,  the court shall enter an order against the garnishee to hold the personal property or stock of the defendant pending service of a writ of special execution pursuant to section 12-1554.
C. The party who obtains the writ of garnishment shall deliver a copy of the order on the writ to the garnishee and the defendant.
D. An order that is entered pursuant to subsection A or B of this section shall not order more money,  stocks or property transferred than is reasonably necessary to satisfy the amount of the outstanding balance of the underlying criminal restitution order.
E. A bank deposit made in the name of two or more persons is subject to garnishment pursuant to section 12-1595,  except that " judgment creditor"  includes a victim or the court,  the clerk of the court or the prosecuting attorney that obtains the writ of garnishment and " judgment debtor"  includes a criminal defendant.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-819 - Order on writ of garnishment for earnings; continuing lien

13-819.
Order on writ of garnishment for earnings;  continuing lien
A. The party who obtains the writ of garnishment for earnings shall deliver a copy of the order on the writ to the garnishee and the defendant.
B. After service or delivery of the order is made,  section 12-1598.10 applies,  except that " judgment creditor"  includes a victim or the court,  the clerk of the court or the prosecuting attorney that obtains the writ of garnishment and " judgment debtor"  includes a criminal defendant.
C. Section 12-1598.12 applies to continuing liens for writs of criminal garnishment. Section 12-1598.12 applies to reporting by the party obtaining the writ of criminal garnishment,  except that " judgment creditor"  includes a victim or the court,  the clerk of the court or the prosecuting attorney that obtains the writ of garnishment and " judgment debtor"  includes a criminal defendant.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-820 - Contempt proceedings; failure to comply with order

13-820.
Contempt proceedings;  failure to comply with order
If the garnishee fails to comply with the terms of the order of criminal garnishment within thirty days after receiving the order,  the victim or the court,  the clerk of the court or the prosecuting attorney may petition the court for an order to show cause why the garnishee should not be held in contempt. If the court finds that the failure was wilful or the result of gross negligence,  the court shall find the garnishee in contempt and shall award the petitioner reasonable attorney fees,  costs and an additional penalty of not more than five hundred dollars.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-821 - Fines for drug offenses

13-821.
Fines for drug offenses
A. In addition to any other fine or restitution,  if a person is convicted of or adjudicated delinquent for a violation of chapter 34 of this title,  the court may order the person to pay a fine in one of the following amounts:
1. For a first offense,  at least one thousand dollars.
2. For a second or subsequent offense,  at least two thousand dollars.
B. The court may suspend the imposition of a fine pursuant to this section if the person agrees to enter a residential drug rehabilitation program approved by the court and to pay for all or a part of the costs associated with the rehabilitation program. On successfully completing the program,  the person may apply to the court for a reduction in the amount of the fine imposed pursuant to this section. If the person establishes to the satisfaction of the court that the person successfully completed the program,  the court may reduce the fine by the amount the person paid to participate in the rehabilitation program. If the person fails to complete the program,  the court shall enforce the collection of the entire fine that was imposed pursuant to subsection A.
C. The court shall transmit the monies collected pursuant to this section to the supreme court for the purpose of providing drug treatment services to adult probationers through the community punishment program established in title 12,  chapter 2,  article 11.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-823 - Dangerous and repeat enterprise offenders; fines

13-823.
Dangerous and repeat enterprise offenders;  fines
A. Whether or not an enterprise maintains an effective program to prevent and detect violations of law pursuant to section 13-822,  the court may subject an enterprise to five times the maximum fine authorized by section 13-803 if based on any evidence that was introduced before sentencing or that was heard at trial the court finds by a preponderance of the evidence that any of the following applies to the commission of the offense:
1. The offense violated a judicial or administrative order or injunction,  other than a violation of a condition of probation or that the enterprise or a separately managed line of business violated a condition of probation by engaging in misconduct similar to that for which it was placed on probation.
2. The offense involved conduct that was malicious or wanton.
3. The offense involved conduct that posed an imminent and substantial hazard to human health or to the environment or resulted in serious actual harm to human health or to the environment and the enterprise continued the conduct after receiving notice.
B. For the purposes of this section,  an enterprise is deemed to have received notice if an officer,  director or high managerial agent has actual knowledge that the enterprise is engaging in the conduct that constitutes a violation of law and the officer,  director or high managerial agent knows or is recklessly indifferent to the fact that the conduct is or may be harmful.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-824 - Community restitution in lieu of monetary obligation; definition

13-824.
Community restitution in lieu of monetary obligation;  definition
A. Notwithstanding any other law,  if a monetary obligation is imposed on a defendant at sentencing and the court finds the defendant is unable to pay all or part of the monetary obligation,  on the defendant's request the court may order the defendant to perform community restitution in lieu of the payment for all or part of the monetary obligation. The court shall credit community restitution performed at a rate that is equal to the minimum wage prescribed by section 23-363,  subsections A and B,  rounded up to the nearest dollar.
B. This section does not apply to the assessment imposed pursuant to sections 12-116.05,  12-116.06,  12-116.07,  12-116.08 and 12-116.09 and to the surcharge imposed and collected pursuant to section 16-954,  subsection A.
C. For the purposes of this section,  " monetary obligation"  means a fine,  a civil penalty,  a surcharge,  an assessment,  a fee or incarceration costs.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-825 - Mitigation of fines and surcharges

13-825.
Mitigation of fines and surcharges
A. A judge may mitigate a fine if the defendant who is ordered to pay the fine demonstrates that the payment would work a hardship on the defendant or on the defendant's immediate family,  except that a judge may not mitigate a fine imposed pursuant to section 28-1381,  28-1382 or 28-1383.
B. In determining whether to mitigate a fine,  the court may consider any relevant evidence,  including:
1. The impact of the fine on the ability of the defendant to pay the restitution.
2. The extent of the financial hardship on the defendant or on the defendant's immediate family.
3. Whether the defendant is receiving benefits pursuant to any of the following:
(a) The temporary assistance for needy families program established by section 403 of title IV of the social security act.
(b) The supplemental nutrition assistance program (7 United States Code sections 2011 through 2036c).
(c) The supplemental security income program (42 United States Code sections 1381 through 1383f).
4. Whether the defendant is seeking,  obtaining or maintaining employment if legally permitted to do so or is attending school.
5. A defendant's medical condition.
C. A judge may mitigate a surcharge that is imposed pursuant to sections 12-116.01 and 12-116.02 if the fine is mandatory.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-901.02 - Drug treatment and education fund

13-901.02.
Drug treatment and education fund
A. The drug treatment and education fund is established. The administrative office of the supreme court shall administer the fund.
B. Fifty per cent of the monies deposited in the drug treatment and education fund shall be distributed by the administrative office of the supreme court to the superior court probation departments to cover the costs of placing persons in drug education and treatment programs administered by a qualified agency or organization that provides such programs to persons who abuse controlled substances. Such monies shall be allocated to superior court probation departments according to a formula based on probation caseload to be established by the administrative office of the supreme court.
C. Fifty per cent of the monies deposited in the drug treatment and education fund shall be distributed to the Arizona parents commission on drug education and prevention established by section 41-1604.17.
D. The administrative office of the supreme court shall cause to be prepared at the end of each fiscal year after 1997 an accountability report card that details the cost savings realized from the diversion of persons from prisons to probation. A copy of the report shall be submitted to the governor and the legislature,  and a copy of the report shall be sent to each public library in the state. Beginning July 1,  2011,  the report shall be submitted electronically. The administrative office of the supreme court shall receive reimbursement from the drug treatment and education fund for any administrative costs it incurs in the implementation of this section.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-901.03 - Violent crimes; allegation; definition

13-901.03.
Violent crimes;  allegation;  definition
A. The allegation that the defendant committed a violent crime shall be charged in the indictment or information and admitted or found by the court. The court shall allow the allegation that the defendant committed a violent crime at any time before the date the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the defendant was in fact prejudiced by the untimely filing and states the reasons for these findings.
B. For the purpose of this section,  " violent crime"  includes any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-902 - Periods of probation; monitoring; fees

13-902.
Periods of probation;  monitoring;  fees
A. Unless terminated sooner,  probation may continue for the following periods:
1. For a class 2 felony,  seven years.
2. For a class 3 felony,  five years.
3. For a class 4 felony,  four years.
4. For a class 5 or 6 felony,  three years.
5. For a class 1 misdemeanor,  three years.
6. For a class 2 misdemeanor,  two years.
7. For a class 3 misdemeanor,  one year.
B. Notwithstanding subsection A of this section,  unless terminated sooner,  probation may continue for the following periods:
1. For a violation of section 28-1381 or 28-1382,  five years.
2. For a violation of section 28-1383,  ten years.
C. If the court has required,  as a condition of probation,  that the defendant make restitution for any economic loss related to the defendant's offense and that condition has not been satisfied,  the court at any time before the termination or expiration of probation may extend the period within the following limits:
1. For a felony,  not more than five years.
2. For a misdemeanor,  not more than two years.
D. Notwithstanding any other provision of law,  justice courts and municipal courts may impose the probation periods specified in subsection A,  paragraphs 5,  6 and 7 and subsection B,  paragraph 1 of this section.
E. After conviction of a felony offense or an attempt to commit any offense that is included in chapter 14 or 35.1 of this title or section 13-2308.01,  13-2308.03,  13-2923,  13-3212 or 13-3623,  if probation is available,  probation may continue for a term of not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice.
F. After conviction of a violation of section 13-3824,  subsection A,  if a term of probation is imposed and the offense for which the person was required to register was a felony,  probation may continue for a term of not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice.
G. If a person is convicted on or after November 1,  2006 of a dangerous crime against children as defined in section 13-705,  a term of probation is imposed,  the person is required to register pursuant to section 13-3821 and the person is classified as a level three offender pursuant to section 13-3825,  the court shall require global position system or electronic monitoring for the duration of the term of probation. The court may impose a fee on the probationer to offset the cost of the monitoring device required by this subsection. The fee shall be deposited in the adult probation services fund pursuant to section 12-267,  subsection A,  paragraph 3. This subsection does not preclude global position system or electronic monitoring of any other person who is serving a term of probation.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-903 - Calculation of periods of probation

13-903.
Calculation of periods of probation
A. A period of probation commences on the day it is imposed or as designated by the court,  and an extended period of probation commences on the day the original period lapses.
B. If a court determines that the defendant violated a condition of the defendant's probation but reinstates probation,  the period between the date of the violation and the date of restoration of probation is not computed as part of the period of probation. If it is determined that the defendant is not a violator,  there is no interruption of the period.
C. The running of the period of probation shall cease during the unauthorized absence of the defendant from the jurisdiction or from any required supervision and shall resume only upon the defendant's voluntary or involuntary return to the probation service.
D. The running of the period of probation shall cease during the period from the filing of the petition to revoke probation to the termination of revocation of probation proceedings,  except that if a court determines that the defendant is not a violator,  there is no interruption of the period of probation.
E. If probation is imposed on one who at the time is serving a sentence of imprisonment imposed on a different conviction,  service of the sentence of imprisonment shall not satisfy the probation.
F. Time spent in custody under section 13-901,  subsection F shall be credited to any sentence of imprisonment imposed upon revocation of probation.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-904 - Suspension of civil rights and occupational disabilities

13-904.
Suspension of civil rights and occupational disabilities
A. A conviction for a felony suspends the following civil rights of the person sentenced:
1. The right to vote.
2. The right to hold public office of trust or profit.
3. The right to serve as a juror.
4. During any period of imprisonment any other civil rights the suspension of which is reasonably necessary for the security of the institution in which the person sentenced is confined or for the reasonable protection of the public.
5. The right to possess a firearm.
B. Persons sentenced to imprisonment shall not thereby be rendered incompetent as witnesses on the trial of a criminal action or proceeding,  or incapable of making and acknowledging a sale or conveyance of property.
C. A person sentenced to imprisonment is under the protection of the law,  and any injury to his person,  not authorized by law,  is punishable in the same manner as if the person was not convicted and sentenced.
D. The conviction of a person for any offense shall not work forfeiture of any property,  except if a forfeiture is expressly imposed by law. All forfeitures to the state,  unless expressly imposed by law,  are abolished.
E. A person shall not be disqualified from employment by this state or any of its agencies or political subdivisions solely because of a prior conviction for a felony or misdemeanor within or without this state. A person may be denied employment by this state or any of its agencies or political subdivisions by reason of the prior conviction for a felony or misdemeanor if the offense has a reasonable relationship to the functions of the employment sought.
F. Subsection E of this section is not applicable to any law enforcement or probation agency.
G. Any complaints concerning a violation of subsection E of this section shall be adjudicated in accordance with the procedures set forth in title 41,  chapter 6 and title 12,  chapter 7,  article 6.
H. A person who is adjudicated delinquent under section 8-341 for a felony does not have the right to carry or possess a firearm.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-906 - Restoration of civil rights; process

13-906.
Restoration of civil rights;  process
A. At the time of sentencing,  the court shall inform a person in writing and on the record of the person's right to the restoration of civil rights in the following manner:
1. If a person is eligible for automatic restoration of civil rights pursuant to section 13-907,  the court shall inform the person that the person's rights will be automatically restored on the completion of probation or absolute discharge from imprisonment. The court's order and judgment of guilt must include an explanation of the civil rights that will be automatically restored pursuant to this paragraph.
2. If a person is not eligible for automatic restoration of civil rights pursuant to section 13-907,  the court shall inform the person of the person's right to the restoration of civil rights. The court's order and judgment of guilt must include an explanation that includes when the person can apply to have the person's civil rights restored.
B. The probation department shall provide a copy of the court's sentencing order and judgment of guilt to each person who completes probation. The state department of corrections shall provide a copy of the court's sentencing order and judgment of guilt to each prisoner who obtains an absolute discharge from imprisonment unless the prisoner was sentenced to a term of probation to begin on absolute discharge from the state department of corrections.
C. The clerk of the court shall notify the department of public safety when a person's civil rights are automatically restored pursuant to section 13-907,  including whether the person's right to possess a firearm is restored. The clerk of the court shall notify the department of public safety if the court restores the person's civil rights,  including whether a person's right to possess a firearm is restored. The department of public safety shall update the person's criminal history with an annotation that the person's civil rights have been restored and any exceptions ordered but may not redact or remove any part of the person's record.
D. The restoration of a person's civil rights does not preclude the department of public safety or the board of fingerprinting from considering a conviction of a person whose civil rights have been restored when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07.
E. If the court denies an application for the restoration of a person's civil rights,  the court shall state its reasons for the denial in writing.
F. If the restoration of a person's civil rights is discretionary with the court,  a victim has the right to be present and be heard at any proceeding in which the defendant files an application for the restoration of civil rights. If the victim has made a request for postconviction notice,  the attorney for the state shall provide the victim with notice of the defendant's application and of the rights provided to the victim in this section.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-907 - Automatic restoration of civil rights for first offenders; firearm rights

13-907.
Automatic restoration of civil rights for first offenders;  firearm rights
A. On completion of probation for an offense committed in this state or absolute discharge from imprisonment,  any person who has not previously been convicted of a felony offense shall automatically be restored any civil rights that were lost or suspended as a result of the conviction if the person pays all victim restitution imposed. A person who is entitled to the restoration of any civil rights pursuant to this subsection is not required to file an application pursuant to section 13-908,  except that if the person does file an application,  the court shall grant the application without receiving a response from the state or holding a hearing.
B. On completion of probation for an offense committed outside the jurisdiction of this state or absolute discharge from a prison in another state or the federal bureau of prisons,  a person who has not previously been convicted of a felony offense is eligible for automatic restoration of any civil rights that were lost or suspended as a result of the conviction if the person pays all victim restitution imposed. A person who is entitled to the restoration of any civil rights pursuant to this subsection shall file an application pursuant to section 13-908,  and the court shall grant the application without receiving a response from the state or holding a hearing.
C. This section does not apply to a person's right to possess a firearm as defined in section 13-3101 if the person was convicted of any of the following:
1. A dangerous offense under section 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state.
2. A serious offense as defined in section 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state.
D. If the person is not entitled to the automatic restoration of firearm rights pursuant to this section,  the court may order the restoration of the right to possess a firearm pursuant to section 13-910.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-908 - Restoration of civil rights; application; firearm rights; definition

13-908.
Restoration of civil rights;  application;  firearm rights;  definition
A. On final discharge,  a person who has previously been convicted of a felony or who has not paid all victim restitution that was imposed may apply to the superior court to have the person's civil rights restored. The restoration of civil rights is in the discretion of the judicial officer.
B. The person or the person's attorney or probation officer may file the application for the restoration of civil rights. The clerk of the court may not charge a filing fee for an application. The clerk of the court shall forward a copy of the application to the county attorney or attorney general.
C. A person whose civil rights were lost or suspended as a result of a felony conviction in another state or a United States district court and whose period of probation has been completed may file the application for restoration of civil rights in the county in which the person now resides.
D. A person whose civil rights were lost or suspended as a result of a felony conviction in another state or a United States district court and who has received an absolute discharge from imprisonment in a prison in another state or a federal prison shall file the application for the restoration of civil rights in the county in which the person now resides. The restoration of civil rights is in the discretion of the judicial officer.
E. This section does not apply to a person's right to possess a firearm as defined in section 13-3101 if the person was convicted of any of the following:
1. A dangerous offense under section 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state.
2. A serious offense as defined in section 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state.
F. If the person is not entitled to the restoration of firearm rights pursuant to this section,  the court may order the restoration of the right to possess a firearm pursuant to section 13-910.
G. For the purposes of this section,  " final discharge"  means the completion of probation or the receipt of an absolute discharge from the state department of corrections,  a prison in another state or the federal bureau of prisons.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-909 - Vacating the conviction of a sex trafficking victim; requirements

13-909.
Vacating the conviction of a sex trafficking victim;  requirements
A. A person who was convicted of a violation of section 13-3214 or a city or town ordinance that has the same or substantially similar elements as section 13-3214 committed before July 24,  2014 may apply to the court that pronounced sentence to vacate the person's conviction. The court shall grant the application and vacate the conviction if the court finds by clear and convincing evidence that the person's participation in the offense was a direct result of being a victim of sex trafficking pursuant to section 13-1307.
B. If the prosecutor does not oppose the application,  the court may grant the application and vacate the conviction without a hearing.
C. If the prosecutor opposes the application,  the court shall hold a hearing on the application.
D. On vacating the conviction,  the court shall:
1. Release the applicant from all penalties and disabilities resulting from the conviction.
2. Enter an order that a notation be made in the court file and in law enforcement and prosecution records that the conviction has been vacated and the person was the victim of a crime.
3. Transmit the order vacating the conviction to the arresting agency,  the prosecutor and the department of public safety.
E. A conviction vacated pursuant to this section does not qualify as a historical prior felony conviction and cannot be alleged for any purpose pursuant to section 13-703 or 13-707.
F. Except on an application for employment that requires a fingerprint clearance card pursuant to title 41,  chapter 12,  article 3.1,  a person whose conviction is vacated under this section may in all instances state that the person has never been arrested for,  charged with or convicted of the crime that is the subject of the conviction,  including in response to questions on employment,  housing,  financial aid or loan applications.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-910 - Restoration of right to possess a firearm

13-910.
Restoration of right to possess a firearm
A. A person who is convicted of a dangerous offense under section 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state may not file for the restoration of the right to possess or carry a firearm. A person who is convicted of a serious offense as defined in section 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state may not file for the restoration of the right to possess or carry a firearm for ten years from the date of the person's absolute discharge.
B. The restoration of the right to possess a firearm pursuant to this section is in the discretion of the judicial officer.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-913 - Definition of intensive probation

13-913.
Definition of intensive probation
In this chapter,  unless the context otherwise requires,  " intensive probation" :
1. Means a program established pursuant to this chapter of highly structured and closely supervised probation that emphasizes individualized intervention for a person who is deemed appropriate for the program pursuant to section 13-914,  subsection B.
2. Includes the payment of restitution,  if applicable,  as required pursuant to section 13-914,  subsection F,  paragraph 2.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-914 - Intensive probation; evaluation; sentence; criteria; conditions

13-914.
Intensive probation;  evaluation;  sentence;  criteria;  conditions
A. An adult probation officer shall prepare a presentence report for every offender who has either:
1. Been convicted of a felony and for whom the granting of probation is not prohibited by law.
2. Violated probation by commission of a technical violation that was not chargeable or indictable as a criminal offense.
B. The adult probation officer shall evaluate the needs of the offender and the offender's risk to the community,  including the nature of the offense and criminal history of the offender. If the nature of the offense and the prior criminal history of the offender indicate that the offender should be included in an intensive probation program pursuant to supreme court guidelines for intensive probation,  the adult probation officer may recommend to the court that the offender be granted intensive probation.
C. The court may suspend the imposition of sentence and grant the offender a period of intensive probation in accordance with this chapter. The suspension of sentence may be modified or revoked pursuant to this chapter.
D. When granting intensive probation the court shall set forth on the record the factual and legal reasons in support of the sentence.
E. The court may grant intensive probation only to a person with high risk and high need who is eligible for a grant of probation.
F. Intensive probation shall be conditioned on the offender:
1. Maintaining employment or full-time student status at a school subject to title 15 or title 32,  chapter 30,  or a combination of employment and student status,  and making progress deemed satisfactory to the probation officer,  or being involved in supervised job searches and community restitution work at least six days a week throughout the offender's term of intensive probation.
2. Paying restitution.
3. Paying probation fees of not less than $75 unless,  after determining the inability of the offender to pay the fee,  the court assesses a lesser fee. Probation fees shall be deposited in the adult probation services fund established by section 12-267. Any amount assessed pursuant to this paragraph shall be used to supplement monies used for the salaries of adult probation and surveillance officers and for support of programs and services of the superior court adult probation departments.
4. Paying monetary obligations imposed by the court.
5. Complying with any other conditions imposed by the court in order to meet the needs of the offender and limit the risks to the community.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-915 - Wilful failure to pay; revocation of probation

13-915.
Wilful failure to pay;  revocation of probation
If the court finds that a defendant has wilfully failed to pay a fine,  a surcharge,  a fee,  an assessment,  restitution or incarceration costs or finds that a defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment,  the court may revoke the defendant's probation and sentence the defendant to prison pursuant to law.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-916 - Adult intensive probation teams; adult intensive probation officer qualifications; duties; caseload limit

13-916.
Adult intensive probation teams;  adult intensive probation officer qualifications;  duties;  caseload limit
A. The chief adult probation officer in each county,  with approval of the presiding judge of the superior court,  shall appoint adult intensive probation teams consisting of one adult probation officer and one surveillance officer,  two adult probation officers or one adult probation officer and two surveillance officers.
B. A two person intensive probation team shall supervise no more than twenty-five persons at one time,  and a three person intensive probation team shall supervise no more than forty persons at one time.
C. The adult intensive probation officers shall meet the bonding requirements and experience and education standards established pursuant to section 12-251.
D. The adult intensive probation team may serve warrants on,  make arrests of and bring before the court persons who have violated the terms of intensive probation.
E. The adult intensive probation and surveillance officers both have the authority of a peace officer in the performance of their duties but are not eligible to participate in the public safety personnel retirement system.
F. The adult intensive probation team shall:
1. Secure and keep a complete identification record of each person who is being supervised and a written statement of the conditions of the probation.
2. Exercise close supervision and observation over persons who are granted intensive probation pursuant to supreme court guidelines. The guidelines must include both of the following:
(a) Visual contact with each probationer at least four times per week or as otherwise deemed appropriate.
(b) Verification of the probationer's employment.
3. Obtain and assemble information concerning the conduct of persons who are granted intensive probation and report the information to the court.
4. Report to the court if the probationer engages in conduct constituting an offense.
5. Bring a probationer who violates a term of intensive probation into court if,  in the judgment of the adult intensive probation officer,  the probationer's conduct justifies revoking the intensive probation.
6. Monitor the payment of restitution,  monetary obligations and probation fees and notify the court of any probationer who fails to pay restitution,  monetary obligations or fees.
7. Perform any other responsibilities required by the terms and conditions imposed by the court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-917 - Modification of supervision

13-917.
Modification of supervision
A. The adult probation officer shall periodically examine the risk and needs of each person granted intensive probation and the risks of modifying the level of supervision of the person. The court or the adult probation officer may at any time modify the level of intensive probation supervision of a person granted intensive probation. The court may transfer the person to standard probation or terminate the period of intensive probation pursuant to section 13-901,  subsection E.
B. If a petition to revoke the grant of intensive probation is filed and the court finds that the person has committed an additional felony offense that posed a serious threat or danger to the community,  the court shall revoke the grant of intensive probation and impose a term of imprisonment as authorized by law. If the court finds that the person has committed a violation of a condition of intensive probation that posed a serious threat or danger to the community,  the court shall revoke the grant of intensive probation and impose a term of imprisonment as authorized by law. If the court finds that the person has violated any other condition of intensive probation,  the court may modify the conditions of intensive probation or may revoke the grant of intensive probation and impose a term of imprisonment as authorized by law.
C. The court shall notify the parties,  and the victim on request,  of any proposed modification of the terms of a person's intensive probation if that modification will substantially affect the person's contact with or safety of the victim or if the modification involves restitution or incarceration status.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-919 - Waiver of standards

13-919.
Waiver of standards
The requirements of section 13-916,  subsection A,  subsection B and subsection F,  paragraph 2 may be waived for a county if the case load of adult probation officers supervising persons on intensive probation is not more than fifteen persons and the program requires visual contact with each probationer at least one time a week.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-921 - Probation for defendants under eighteen years of age; dual adult juvenile probation

13-921.
Probation for defendants under eighteen years of age;  dual adult juvenile probation
A. The court may enter a judgment of guilt and place the defendant on probation pursuant to this section if all of the following apply:
1. The defendant is under eighteen years of age at the time the offense is committed.
2. The defendant is convicted of a felony offense.
3. The defendant is not sentenced to a term of imprisonment.
4. The defendant does not have a historical prior felony conviction.
B. If the court places a defendant on probation pursuant to this section,  all of the following apply:
1. Except as provided in paragraphs 2,  3 and 4 of this subsection,  if the defendant successfully completes the terms and conditions of probation,  the court may set aside the judgment of guilt,  dismiss the information or indictment,  expunge the defendant's record and order the person to be released from all penalties and disabilities resulting from the conviction. The clerk of the court in which the conviction occurred shall notify each agency to which the original conviction was reported that all penalties and disabilities have been discharged and that the defendant's record has been expunged.
2. The conviction may be used as a conviction if it would be admissible pursuant to section 13-703 or 13-704 as if it had not been set aside and the conviction may be pleaded and proved as a prior conviction in any subsequent prosecution of the defendant.
3. The conviction is deemed to be a conviction for the purposes of sections 28-3304,  28-3305,  28-3306 and 28-3320.
4. The defendant shall comply with sections 13-3821 and 13-3822.
C. A defendant who is placed on probation pursuant to this section is deemed to be on adult probation.
D. If a defendant is placed on probation pursuant to this section,  the court as a condition of probation may order the defendant to participate in services that are available to the juvenile court.
E. The court may order that a defendant who is placed on probation pursuant to this section be incarcerated in a county jail at whatever time or intervals,  consecutive or nonconsecutive,  that the court determines. The incarceration shall not extend beyond the period of court ordered probation,  and the length of time the defendant actually spends in a county jail shall not exceed one year.
F. In addition to the provisions of this section,  the court may apply any of the provisions of section 13-901.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-923 - Persons convicted of sexual offenses; annual probation review hearing; report; notification

13-923.
Persons convicted of sexual offenses;  annual probation review hearing;  report;  notification
A. If requested by the probationer,  the court shall conduct a probation hearing at least once a year for a probationer who is under twenty-two years of age and who was convicted of an offense that occurred when the person was under eighteen years of age and that requires the probationer to register pursuant to section 13-3821.
B. This section does not preclude the court from conducting more than one probation review hearing each year.
C. The probation department that is supervising the probationer shall prepare a probation report and submit the report to the court prior to the hearing.
D. The following individuals shall be notified of the hearing:
1. A prosecutor.
2. An attorney for the probationer.
3. Any victim or victim's attorney who has a right to be present and heard pursuant to the victims' bill of rights,  article II,  section 2.1 of the constitution of this state,  title 13,  chapter 40 or court rule.
4. The probation officer supervising the probationer.
E. At the hearing,  after hearing from those present pursuant to subsection D of this section,  the court shall consider the following:
1. Whether to continue,  modify or terminate probation.
2. Whether to continue to require,  to suspend or to terminate the probationer's registration pursuant to section 13-3821.
3. Whether to continue,  defer or terminate community notification pursuant to section 13-3825.
F. The court may hold a prehearing involving the persons listed in subsection D of this section to discuss and advise the court concerning the issues listed in subsection E of this section.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-924 - Probation; earned time credit; work time credit; applicability; definitions

13-924.
Probation;  earned time credit;  work time credit;  applicability;  definitions
A. The court may adjust the period of a probationer's supervised probation on the recommendation of an adult probation officer for earned time credit or work time credit.
B. Earned time credit equals twenty days for every thirty days that a probationer does all of the following:
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.
3. Is current in completing community restitution.
C. Work time credit equals thirty days for every thirty days that a probationer does all of the following:
1. Is engaged in eligible employment. A probationer must provide supporting documentation to the supervising probation officer within five business days after completing thirty days of eligible employment. The supervising probation officer must verify the probationer's employment through the supporting documentation that is provided by the probationer and by any other means that the court determines is necessary to verify the work,  including site visits and telephonic verification. The probation officer must document any request for work time credit that is denied.
2. Exhibits positive progression toward the goals and treatment of the probationer's case plan.
3. Is current on payments for court-ordered restitution and is in compliance with all other nonmonetary obligations.
4. Is current in completing community restitution.
D. Any earned time credit and work time credit awarded pursuant to this section shall be revoked if a probationer is found in violation of a condition of probation.
E. This section does not apply to a probationer who is currently:
1. On lifetime probation.
2. On probation for any class 2 or 3 felony.
3. On probation exclusively for a misdemeanor offense.
4. Required to register pursuant to section 13-3821.
F. This section has no effect on the ability of the court to terminate the period of probation or intensive probation pursuant to section 13-901,  subsection E at a time earlier than originally imposed.
G. For the purposes of this section:
1. " Eligible employment"  means any occupation or combination of occupations for which a person can provide supporting documentation verifying at least one hundred thirty wage-earning hours in any thirty-day period.
2. " Supporting documentation"  means an employment record,  pay stub,  employment letter,  contract or other reliable means of verifying employment.