Arizona

Criminal Procedure

Criminal Procedure

Rule 27.3 – Modification of Conditions or Regulations

(a)By a Probation Officer. A probation officer may modify or clarify any regulation imposed.
(b)By the Court.

(1)Generally. Any modification of probation must comply with case law and statutes, due process, and statutory limitations. The court may modify or clarify any condition or regulation of probation after:

(A) Giving notice to the State, the probationer, the probation department., and a victim who has the right to notice under Rule 27.10 and
(B) Considering an investigation report, when required by (b)(3) of this rule.
(2)Who May Request Modification or Clarification. At any time before the probationer’s absolute discharge, a probationer, probation officer, the State, or any other person the court designates, may ask the court to modify or clarify any condition or regulation.
(3)Required Investigation Report. Upon any request for modification from supervised to unsupervised probation, the probation department must prepare and file an investigative report describing the probationer’s compliance with conditions and regulations and recommending either for or against a request to modify.
(4)Restitution. At any time before the probationer’s absolute discharge, persons entitled to restitution under a court order may ask the court, based on changed circumstances, to modify or clarify the manner in which restitution is paid.
(5)Hearing. The court may hold a hearing on any request for modification or clarification under (c)(2) or (c)(3).
(c)Written Copy and Effect. The probationer and the probation department must be given a written copy of any modification or clarification of a condition or regulation of probation. A modification of a regulation may go into effect immediately. An oral modification may not be the sole basis for revoking probation unless the condition or regulation is in writing and both the probationer and the probation department received a copy before the violation.

Ariz. R. Crim. P. 27.3

Added August 31, 2017, effective January 1, 2018; amended August 27, 2019, effective January 1, 2020.

HISTORICAL AND STATUTORY NOTES

Former Rule 27.3, relating to modification and clarification of conditions and regulations, was abrogated effective January 1, 2018.