Arizona

Criminal Procedure

Criminal Procedure

Rule 27.11 – Probation Review Hearing Regarding Sex Offender Registration

(a)Right to Hearing. The court must conduct a probation review hearing at least once a year if requested by a probationer who is:

(1) under 22 years of age; and
(2) serving a term of probation for an offense that:

(A) requires registration under A.R.S. § 13-3821; and
(B) was committed when the probationer was under 18 years of age.
(b)Notice of Right to Hearing. The court must inform a probationer of the right to a hearing under (a) when it imposes probation.
(c) Request for Hearing and Timing. To obtain a hearing, the probationer must file a request with the court and provide a copy of the request to the State. A probationer must file a request for a hearing no later than 30 days before the probationer’s twenty-second birthday.
(d)Setting a Hearing and Providing Notice.

(1)Timing. The court must hold a hearing no later than 30 days after a timely request is filed.
(2)Notice.

(A) Generally. The court must notify the following of the hearing date:

(i) the State, which in turn must notify any victim or victim’s attorney entitled to be present and heard under the Arizona Constitution, statute, or court rule;
(ii) the probationer’s attorney, if any; and
(iii) the probation officer.
(B) Notice to the State. In any case involving a victim, the court must give the State at least 7 calendar days’ notice of the hearing date.
(e)Prehearing Conference. The court may hold a prehearing conference. The people who may be present and the conference’s scope are specified by A.R.S. § 13-923.
(f)Probation Review Report. The court must require the preparation of a probation review report before a probation review hearing. The probation office must deliver the report to the judge conducting the hearing at least 7 calendar days before the scheduled hearing date.
(g)Scope of Hearing. At the hearing, the court must consider and decide whether to:

(1) continue, modify, or terminate probation;
(2) continue to require, suspend, or terminate the probationer’s registration under A.R.S. § 13-3821; and
(3) continue, defer, or terminate community notification under A.R.S. § 13-3825.

Ariz. R. Crim. P. 27.11

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

HISTORICAL AND STATUTORY NOTES

Former Rule 27.11, relating to victim’s rights in probation proceedings, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 27.10.