Arizona Laws 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.
Terms Used In Arizona Laws 13-923
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
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.