Arizona

Criminal Procedure

Rule 7.5 – Review of Conditions; Revocation of Release

(a)On State’s Petition. If the State files a verified petition stating facts or circumstances showing the defendant has violated a condition of release, the court may issue a summons or warrant under Rule 3.2, or a notice setting a hearing, to secure the defendant’s presence in court and to consider the matters raised in the petition. A copy of the petition must be provided with the summons, warrant, or notice.

(b)On Pretrial Services’ Report. If pretrial services submits a written report to the court stating facts or circumstances showing the defendant has violated a condition of release, the court may issue a summons or warrant under Rule 3.2, or a notice setting a hearing, to secure the defendant’s presence in court and to consider the matters raised in the report. A copy of the report must be provided to the State and provided with the summons, warrant, or notice.

(c)On Victim’s Petition. If the prosecutor decides not to file a petition under (a), the victim may petition the court to revoke the defendant’s bond or own recognizance release, or otherwise modify the defendant’s conditions of release. Before filing a petition, the victim must consult with the prosecutor about the requested relief. The petition must include a statement under oath by the victim asserting any harassment, threats, physical violence, or intimidation by the defendant, or on the defendant’s behalf, against the victim or the victim’s immediate family.

(d)Hearing; Modification of Conditions; Revocation.

(1)Modification of Conditions of Release. After a hearing on the matters set forth in the petition or report, the court may impose different or additional conditions of release if it finds that the defendant has willfully violated the conditions of release.

(2)Revocation of Release on a Felony Offense. The court may revoke release of a defendant charged with a felony if, after a hearing, the court finds that the proof is evident or presumption great as to the present charge and:

(A) probable cause exists to believe that the defendant committed another felony during the period of release; or

(B) the defendant poses a substantial danger to another person or the community, and no other conditions of release will reasonably assure the safety of the other person or the community.

(e)Revocation of Release: DNA Testing. The State may file a motion asking the court to revoke a defendant’s release for failing to comply with the court’s order to provide a sample of buccal cells or other bodily substances for DNA testing under A.R.S. § 13-3967(F)(4) and to provide proof of compliance. The motion must state facts establishing probable cause to believe that the defendant has not complied with the order. At the defendant’s next court appearance, the court must proceed in accordance with this rule’s requirements and A.R.S. § 13-3967(F)(4).

(f)Revocation of Release: 10-print Fingerprinting. If a defendant fails to timely present a completed mandatory fingerprint compliance form or if the court has not received the process control number, the court may remand the defendant into custody for 10-print fingerprinting. If otherwise eligible for release, the defendant must be released from custody after being 10-print fingerprinted.

Ariz. R. Crim. P. 7.5

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

HISTORICAL AND STATUTORY NOTES

Former Rule 7.5, relating to review of conditions and revocation of release, was abrogated effective January 1, 2018.

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