Arizona

Criminal Procedure

Criminal Procedure

Rule 27.2 – Intercounty Transfers

(a)Definitions.

(1)Courtesy Transfer of Probation Supervision. “Courtesy transfer of probation” means the transfer of the probationer’s supervision to another jurisdiction. The sending court retains jurisdiction over the probationer.
(2)Transfer of Probation Jurisdiction. “Transfer of probation jurisdiction” means the transfer of jurisdiction over a case to another jurisdiction, including the transfer of the probationer’s supervision.
(b)Courtesy Transfer of Probation Supervision.

(1)Generally. The superior court or its adult probation department in the sending county may authorize a courtesy transfer of probation supervision to allow a probationer to reside in the receiving county if it verifies that the receiving county:

(A) accepts the probationer; and
(B) can supervise the probationer in accordance with the conditions of the individual’s probation.
(2)Amending Conditions. If the receiving county is unable to supervise the probationer in accordance with the conditions of probation, the court in the sending county, after a hearing, may amend the conditions to enable the transfer.
(3)Retention of Jurisdiction. The court in the sending county retains jurisdiction over the probationer and any probation violation proceeding, and remains responsible for the collection of the probationer’s monetary obligations.
(c)Transfer of Probation Jurisdiction.

(1)Authorizing Transfer.

(A) Generally. The superior court in the sending county may order the transfer of probation jurisdiction to another Arizona county upon agreement of the original prosecuting agency, the probationer, the sending and receiving county probation departments, and the superior court in the receiving county.
(B) Victim’s Rights. A victim of the offense may request an opportunity to be heard concerning a transfer. The court in the sending county must give the victim notice of a proposed transfer and any hearing.
(2)Transmitting Court Records. No later than 20 days after the transfer order is filed, the clerk in the sending county must certify the probationer’s financial obligations in the case and forward the court’s file and entire record, together with a transmittal letter, to the clerk in the receiving county. The clerk may transmit these records in either electronic or paper format. The entire record must include all exhibits, unless they were discarded under Rule 28. Upon receipt, the clerk in the receiving county must sign the transmittal letter and return it to the clerk in the sending county.
(3)Transmitting Probation Records and Transferring Probationary Jurisdiction. The county probation department transferring jurisdiction over a probationer must send copies of the file and any other pertinent information to the chief probation officer in the receiving county. The transfer is deemed complete when the chief probation officer in the receiving county receives the file and the probationer checks in with the new probation officer. Until the transfer is complete, the sending county probation department retains jurisdiction over the probationer.
(4)Assuming Jurisdiction in the Receiving County. Upon filing an order approving the transfer, the superior court in the receiving county assumes jurisdiction over the probationer’s case and has all powers of the sentencing court, including the power to restore civil rights. The chief probation officer may request the court in the receiving county to conduct a hearing to affirm or modify the conditions of supervision, including the payment of fees and restitution.
(5)Monetary Obligations. The court in the receiving county is responsible for collecting the probationer’s monetary obligations. The receiving county must disperse to the sending county any money it collects for fees, costs or expenses that the probationer owes to the sending county.
(6)Remand of the Case. If a probationer’s case is remanded for a new trial, the receiving court must transfer the case back to the sending county. In all other remands, the receiving county may do one of the following:

(A) retain jurisdiction;
(B) transfer the case in its entirety back to the sending county; or
(C) transfer the case back to the sending county and retain jurisdiction only over probation supervision and revocation.
(7)Transmitting Court Records After a Remand for New Trial. No later than 20 days after an order is filed remanding a transferred case for a new trial, the clerk in the receiving county must return the court file and entire record, including exhibits, and send a transmittal letter to the clerk of the sending county. The clerk may transmit the file and record in either electronic or paper format. Upon receipt, the clerk in the sending county must sign the transmittal letter and return it to the clerk of the receiving county.
(8)Transmitting Probation Records After a Remand for New Trial. Upon entry of an order remanding a case for a new trial, the receiving county’s probation department must send a copy of its file and any other pertinent information to the chief probation officer in the sending county.

Ariz. R. Crim. P. 27.2

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

HISTORICAL AND STATUTORY NOTES

Former Rule 27.2, relating to intercounty transfers, was abrogated effective January 1, 2018.