Arizona

Criminal Procedure

Criminal Procedure

Rule 26.7 – Presentencing Hearing; Prehearing Conference

(a)Request for a Presentencing Hearing. If the court has discretion concerning the imposition of a penalty, it may–and, on any party’s request, must–hold a presentencing hearing before sentencing.
(b)Timing and Conduct of a Presentencing Hearing.

(1)Timing. The court may not hold a presentencing hearing until the parties have had an opportunity to review all reports concerning the defendant prepared under Rules 26.4 and 26.5.
(2)Presenting Evidence. At the hearing, any party may introduce any reliable, relevant evidence, including hearsay, to show aggravating or mitigating circumstances, to show why the court should not impose a particular sentence, or to correct or amplify the presentence, diagnostic, or mental health reports.
(3)Record. A presentencing hearing must be held in open court, and the court must make a complete record of the proceedings.
(c)Prehearing Conference.

(1)Generally. On motion or on its own, the court may hold a prehearing conference to determine what matters are in dispute, and to limit or otherwise expedite a presentencing hearing.
(2)Attendance of Probation Officer. The court may order the probation officer who prepared the presentence report to attend a prehearing conference.
(3)Postponing Sentencing and Presentencing Hearing. At the conference, the court may postpone the date of sentencing for no more than 10 days beyond the maximum extension permitted by Rule 26.3(b), and may delay the presentencing hearing accordingly, to allow the probation officer to investigate any matter the court specifies, or to refer the defendant for mental health examinations or diagnostic tests.

Ariz. R. Crim. P. 26.7

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 26.7, relating to pre-sentencing hearing, and request, purpose, and pre-hearing conference, was abrogated effective January 1, 2018.