SB1262

THE CONTEXT: Current law authorizes a court to suspend a convicted person's sentence and place the person on a period of probation if the convicted person is eligible. A court must place the person on probation subject to whatever terms and conditions the court deems appropriate, in addition to any other terms and conditions required by statute (A.

WHAT THE BILL DID: The final vetoed version would require a court, at the request of the state or probation department, to issue a warrant, without delay, for the rearrest of a person who is released on probation and who is charged by indictment or information with a felony offense that is committed while the defendant is on probation, unless the person is eligible for probation pursuant to A.R.S. 13-901.01 or the court has considered the felony offense at a prior revocation hearing, specifies that a defendant who is rearrested pursuant to this requirement is ineligible for release while probation revocation proceedings are pending, and make technical and conforming changes.

WHY IT MATTERED: The practical reason for this bill was to give the people who rely on the rule clearer information and a defined reporting process. It would require a court, at the request of the state or probation department, to issue a warrant, without delay, for the rearrest of a person who is released on probation and who is charged by indictment or information with a felony offense that is committed while the defendant is on probation, unless the person is eligible for probation pursuant to A.R.S. 13-901.01 or the court has considered the felony offense at a prior revocation hearing, and would also specifies that a defendant who is rearrested pursuant to this requirement is ineligible for release while probation revocation proceedings are pending, rather than leave the current rule unchanged.