Arizona

Criminal Procedure

Criminal Procedure

Rule 27.8 – Probation Revocation

(a)Revocation Arraignment.

(1)Timing. The court must hold a revocation arraignment no later than 7 days after the summons is served or after the probationer’s initial appearance under Rule 27.7.
(2)Conduct of the Proceeding. The court must inform the probationer of each alleged probation violation, and the probationer must admit or deny each allegation.
(3)Setting a Violation Hearing. If the probationer does not admit to a violation or if the court does not accept an admission, the court must set a violation hearing, unless both parties agree that a violation hearing may proceed immediately after the arraignment.
(b)Violation Hearing.

(1)Timing. The court must hold a hearing to determine whether a probationer has violated a written condition or regulation of probation no less than 7 and no more than 20 days after the revocation arraignment, unless the probationer in writing or on the record requests, and the court agrees, to set the hearing for another date.
(2)Probationer’s Right to Be Present. The probationer has a right to be present at the violation hearing. If the probationer was previously arraigned under Rule 27.8, the hearing may proceed in the probationer’s absence under Rule 9.1.
(3)Conduct of the Hearing. A violation must be established by a preponderance of the evidence. Each party may present evidence and has the right to cross-examine any witness who testifies. The court may receive any reliable evidence, including hearsay, that is not legally privileged.
(4)Admissions. An admission by the probationer at any hearing in the same case relating to the probationer’s failure to pay a monetary obligation imposed in the case is inadmissible in the probation violation hearing, unless the probationer was represented by counsel at the hearing in which the admission was made.
(5)Findings and Setting a Disposition Hearing. If the court finds that the probationer committed a violation of a condition or regulation of probation, it must make specific findings of the facts that establish the violation and then set a disposition hearing.
(c)Disposition Hearing.

(1)Timing. The court must hold a disposition hearing no less than 7 nor more than 20 days after making a determination that the probationer has violated a condition or regulation of probation.
(2)Disposition. Upon finding that the probationer violated a condition or regulation of probation, the court may revoke, modify, or continue probation. If the court revokes probation, the court must pronounce sentence in accordance with Rule 26. The court may not find a violation of a condition or regulation that the probationer did not receive in writing.
(d)Waiver of Disposition Hearing. If a probationer admits, or the court finds, a violation of a condition or regulation of probation, the probationer may waive a disposition hearing. If the court accepts the waiver, it may proceed immediately to a disposition under (c)(2).
(e)Disposition upon Determination of Guilt for a Later Offense. If a court makes a determination of guilt under Rule 26.1(a) that the probationer committed a later criminal offense, the court need not hold a violation hearing and may set the matter for a disposition hearing at the time set for entry of judgment on the criminal offense.
(f)Record. The court must make a record of the revocation arraignment, violation hearing, and disposition hearing.

Ariz. R. Crim. P. 27.8

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

HISTORICAL AND STATUTORY NOTES

Former Rule 27.8, relating to revocation of probation, was abrogated effective January 1, 2018.