Arizona

Criminal Procedure

Rule 7.3 – Conditions of Release

(a)Mandatory Conditions. Every order of release must contain the following conditions:

(1) the defendant must appear at all court proceedings;

(2) the defendant must not commit any criminal offense;

(3) the defendant must not leave Arizona without the court’s permission; and

(4) if a defendant is released during an appeal after judgment and sentence, the defendant will diligently pursue the appeal.

(b)Mandatory Condition if Charged with an Offense Listed in A.R.S. § 13-610(O)(3).

(1)Generally. If a defendant is charged with an offense listed in A.R.S. § 13-610(O)(3) and has been summoned to appear in court, the court must order the defendant to report to the arresting law enforcement agency or its designee no later than 5 days after release, and submit a sample of buccal cells or other bodily substances for DNA testing as directed. The defendant must provide proof of compliance at the next scheduled court proceeding.

(2)Required Notice. The court must inform the defendant that a willful failure to comply with an order under (b)(1) will result in revocation of release.

(c)Additional Conditions. The court must order the defendant not to contact a victim if such an order is reasonable and necessary to protect a victim from physical harm, harassment, intimidation, or abuse. The court also may impose as a condition of release one or more of the following conditions, if the court finds the condition is reasonable and necessary to secure the defendant’s appearance or to protect another person or the community from risk of harm by the defendant. In making determinations under this rule, the court must consider, if provided, the results of a risk assessment approved by the Supreme Court and a law enforcement agency’s lethality assessment.

(1)Non-Monetary Conditions. A court may impose the following non-monetary conditions:

(A) placing the defendant in the custody of a designated person or organization that agrees to provide supervision;

(B) restricting the defendant’s travel, associations, or residence;

(C) prohibiting the defendant from possessing any dangerous weapon;

(D) engaging in certain described activities, or consuming intoxicating liquors or any controlled substance that is not properly prescribed;

(E) requiring the defendant to report regularly to and remain under the supervision of an officer of the court;

(F) returning the defendant to custody after specified hours; or

(G) imposing any other non-monetary condition that is reasonably related to securing the defendant’s appearance or protecting others or the community from risk of harm by the defendant.

(2)Monetary Conditions.

(A) Generally. A court’s imposition of a monetary condition of release must be based on an individualized determination of the defendant’s risk of non-appearance, risk of harm to others or the community, and the defendant’s financial circumstances. The court may not rely on a schedule of charge-based bond amounts, and it must not impose a monetary condition that results in unnecessary pretrial incarceration solely because the defendant is unable to pay the imposed monetary condition.

(B) Least Onerous Alternative. If the court determines a monetary condition is necessary, it must impose the least onerous type of condition in the lowest amount necessary to secure the defendant’s appearance or protect other persons or the community from risk of harm by the defendant.

(C) Types of Conditions. The types of monetary conditions a court may impose include the following:

(i) an unsecured appearance bond;

(ii) a deposit bond;

(iii) another type of secured bond; and

(iv) a cash bond.

Ariz. R. Crim. P. 7.3

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

HISTORICAL AND STATUTORY NOTES

Former Rule 7.3, relating to conditions of release, was abrogated effective January 1, 2018.

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