Opinion
Administrative Order No. 2009-97
September 24, 2009.
(Affecting Administrative Order No. 2008-03).
Pursuant to the Arizona Code of Judicial Administration § 1-201 (E), the Chief Justice may adopt emergency administrative code proposals and technical changes in existing code sections by administrative order without prior distribution for comment and action by the Arizona Judicial Council. In the First Regular Session of the Forty-Ninth Legislature (2009), the Legislature passed Senate Bill 1420 (Chapter 189). The bill was signed by the governor on July 13, 2009 and has an effective date of September 30, 2009.
Now, therefore, pursuant to Article VI, Section 3, of the Arizona Constitution,
IT IS ORDERED that Arizona Code of Judicial Administration § 6-105 is amended as indicated on the attached document. All other provisions of § 6-105 as adopted, remain unchanged and in effect.
Dated this 24th day of September, 2009.
ARIZONA CODE OF JUDICIAL ADMINISTRATION Part 6: Probation Chapter 1: General Administration Section 6-105: Powers and Duties of Officers
A. through D. [No change]
E. Duties of Probation Officers.
1. Adult and juvenile probation officers shall:
a. Abide by the Code of Conduct for Judicial Employees and the Code of Ethics for Arizona Probation Personnel;
b. Treat probationers, victims, criminal justice personnel and the public with dignity and respect;
c. Adhere to all federal and state statutes, local ordinances, the ACJA and all administrative orders concerning adult and juvenile probation services;
d. Comply with all current departmental policies and procedures;
e. Acknowledge the impact of crime on victims by adhering to the Victim's Bill of Rights and other applicable legislation;
f. Communicate and coordinate with treatment providers concerning probationer participation in and compliance with treatment requirements, to ensure probationer rehabilitation, community protection and victim restoration;
g. Work with the community and department personnel to develop resources and opportunities for treatment and rehabilitation for persons on probation and under their supervision;
h. Ensure that persons under their supervision are referred to available treatment and rehabilitation resources as needed within the level of authorized appropriations, and adhering to department policies and procedures and the ACJA;
i. Maintain accurate and verifiable case records of all persons assigned to them for supervision; and
j. Perform other duties as prescribed by the chief probation officer or director of juvenile court services.
2. Adult probation officers shall also:
a. As provided by A.R.S. § 12-253(1), "Make and file a complete record of persons placed under suspended sentence by the court, and of all reports made to the officer in writing or in person, in accordance with the conditions imposed by the court";
(1) Adult probation officers shall immediately contact the law enforcement officer or agency involved on receipt of an arrest notification to ascertain the nature and circumstances surrounding the contact and obtain a copy of any corresponding incident report or citation.
(2) The supervising probation officer shall document in the case record all contacts and information received pertaining to the incident, as well as the actions taken as a result of the incident.
b. As provided by A.R.S. § 12-253(2), "Exercise general supervision and observation over persons under suspended sentence, subject to control and direction by the court";
(1) Adult probation officers shall:
(a) Utilize the results of the standardized assessment to establish a level of supervision and develop a case plan within one month of a probationer's placement on probation or initial release from custody as a condition of standard or intensive probation. The case plan shall contain the signatures of the supervising probation officer, the probationer, and if the probationer is on intensive probation, the surveillance officer;
(b) Administer the standardized reassessment every six months. The results of the standardized reassessment, along with the probationer's compliance with the conditions of probation and any other relevant factors shall be used to develop a new case plan; and
(c) Monitor probationer behavior and compliance with the conditions of standard or intensive probation and, when appropriate, increase or decrease the probationer's level of supervision.
(2) Adult probation officers shall provide a written directive to the probationer referring the probationer to an appropriate service provider within two months of sentencing, release from custody, or identification of the need if a need for treatment or counseling is identified through the use of a statewide standardized assessment or is ordered by the court. If more than one area of treatment or counseling is identified, the supervising probation officer shall prioritize the needs and address the one with highest priority within the prescribed time frame. The supervising probation officer shall then address the remaining treatment or counseling areas in descending order.
(3) The supervising officer shall administer alcohol and drug tests on a variable schedule, if appropriate. The frequency of testing shall be dependent upon the probationer's substance abuse history, unless otherwise directed by the court, and shall be documented in the case record.
(4) Adult probation officers shall ensure the collection of monies owed as a condition of probation and immediately address any arrearage. The probation officer shall also encourage the probationer's payment of other assessments, such as child support or traffic fines, ordered by any court.
(5) Adult probation officers shall monitor and enforce probationer compliance with court-ordered community restitution requirements. Credit toward court-ordered community restitution requirements are awarded on the basis of actual hours completed unless otherwise authorized by the court.
c. As provided by A.R.S. § 12-253(3), "Serve warrants, make arrests and bring persons before the court who are under suspended sentences. The officer has the authority of a peace officer in the performance of the officer's duties."
d. As provided by A.R.S. § 12-253(4), investigate cases referred to the officer for investigation by the court in which the officer is serving and report to the court. In an investigation for a presentence report, the adult probation officer shall promptly inquire into the circumstances of the offense, the convicted person's history of delinquency or criminality, social history, employment history, family situation, economic status, including the ability to contribute to reimbursement for the costs of the person's legal defense pursuant to § 11-584, education and personal habits. The presentence report shall contain a recommendation by the officer regarding contribution by the convicted person toward the cost of legal defense pursuant to § 11-584. The officer shall also promptly inquire into the physical, emotional and financial impact of the offense on the victim and the emotional and financial impact of the offense on the immediate family of the victim and shall notify the victim or the immediate family of the victim of the right to appear personally or by counsel at any aggravation or mitigation proceeding.
e. As provided by A.R.S. § 12-253(5), "Secure and keep a complete identification record of every person released under a suspended sentence and a written statement of the conditions of the suspension." Probation officers shall maintain verifiable case records for each probationer supervised, including, but not limited to:
(1) A written statement of the conditions of probation;
(2) An individual case plan setting forth behavioral and program expectations; and
(3) Contact logs detailing the time, nature and location of each contact made with each person on probation.
f. As provided by A.R.S. § 12-253(6), "Obtain and assemble information concerning the conduct of persons placed under suspended sentence and report the information to the court." Adult probation officers shall petition the court to terminate the period of probation based on the use of standardized assessments and an evaluation of the probationer's compliance with the conditions of probation; and
g. As provided by A.R.S. § 12-253(7), "Bring defaulting probationers into court when in his judgment the conduct of the probationer justifies the court to revoke suspension of the sentence."
(1) Adult probation officers shall make documented efforts to locate a probationer that is believed to have absconded.
(2) A supervising officer shall consider the following risk factors in determining the time frame necessary to file a petition to revoke probation and request that the court issue a warrant once an officer has reason to believe that a probationer has absconded supervision:
(a) Probationer's general history;
(b) History of violence, including weapons use;
(c) History of drug or alcohol abuse;
(d) History of mental illness;
(e) Offense history;
(f) Supervision history;
(g) Illegal use of drugs or alcohol;
(h) Failure to participate in or complete treatment;
(i) Current or recent patterns of avoiding officer contact;
(j) Emotional or mental instability or distress on the part of the probationer or the family unit, including evidence of domestic violence; or
(k) Current or recent unstable pattern of employment, residence, or associations.
(3) If the absconder is on standard probation supervision and is not located within three months, the supervising probation officer shall file a petition to revoke probation and request that the court issue a warrant. The supervising probation officer shall file the petition to revoke sooner, based on local departmental policies, the circumstances surrounding the case and the need for community protection.
(4) If the absconder is on intensive probation supervision and is not located within 72 hours, the intensive probation officer shall file a petition to revoke probation no later than the next business day and request that the court issue a warrant. The supervising probation officer shall file the petition to revoke sooner, based on local departmental policies, the circumstances surrounding the case and the need for community protection.
(5) The probation department shall make documented efforts to locate the absconder until the absconder is apprehended.
h. Monitor the payment of restitution.
2. Juvenile probation officers shall also:
a. As provided by A.R.S. § 8-205(1), "Except as provided by § 8-323, receive and examine all referrals or Arizona uniform traffic ticket and complaint forms involving an alleged delinquent juvenile or incorrigible child."
b. As provided by the juvenile court and as provided by A.R.S. § 8-205(3), ". . . Have the authority of a peace officer in the performance of the court officer's duties." These duties shall include, but are not limited to:
(1) Serve warrants;
(2) Make arrests; and
(3) Bring non-compliant probationers before the court.
c. As provided by A.R.S. § 8-205(4), "Receive petitions alleging a child or children as dependent and transmit the petitions to the juvenile court."
d. Maintain verifiable case records for each juvenile supervised, including, but not limited to:
(1) A written statement of the conditions of the probation;
(2) An individual service plan or court report setting forth behavioral and program expectations and recommendations subject to the approval of the director; and
(3) Contact logs detailing the time, nature, and location of each contact made with each juvenile on probation.
e. As provided by A.R.S. § 8-321(F)(1) through (7):
If the county attorney diverts the prosecution of a juvenile to the juvenile court, the juvenile probation officer shall conduct a personal interview with the alleged juvenile offender. At least one of the juvenile's parents or guardians shall attend the interview. The probation officer may waive the requirement for the attendance of the parent of guardian for good cause. If the juvenile acknowledges responsibility for the delinquent or incorrigible act, the juvenile probation officer shall require that the juvenile comply with one or more of the following conditions:
1. Participation in unpaid community restitution work.
2. Participation in a counseling program that is approved by the court and that is designed to strengthen family relationships and to prevent repetitive juvenile delinquency.
3. Participation in an education program that is approved by the court and that has as its goal the prevention of further delinquent behavior.
4. Participation in an education program that is approved by the court and that is designed to deal with ancillary problems experienced by the juvenile, such as alcohol or drug abuse.
5. Participation in a nonresidential program of rehabilitation or supervision that is offered by the court or offered by a community youth serving agency and approved by the court.
6. Payment of restitution to the victim of the delinquent act.
7. Payment of a monetary assessment.
f. Exercise general supervision and observation over juveniles on probation, enforcing all court orders and emphasizing probationer accountability, and notify the court when probationer conduct displays an inability or unwillingness to comply with the conditions of probation and all court orders.
(1) Juvenile probation officers shall make documented efforts to locate a probationer that is believed to have absconded.
(2) A supervising officer shall consider the following risk factors in determining the time frame necessary to file a petition to revoke probation and request that the court issue a warrant once an officer has reason to believe that a probationer has absconded supervision:
(a) Probationer's general history;
(b) History of violence, including weapons use;
(c) History of drug or alcohol abuse;
(d) History of mental illness;
(e) Offense history;
(f) Supervision history;
(g) Illegal use of drugs or alcohol;
(h) Failure to participate in or complete treatment;
(i) Current or recent patterns of avoiding officer contact;
(j) Emotional or mental instability or distress on the part of the probationer or the family unit, including evidence of domestic violence; or
(k) Current or recent unstable pattern of employment, residence, or associations.
(3) If the absconder is on standard probation supervision and is not located within 90 days, the supervising probation officer shall file a petition to revoke probation and request that the court issue a warrant. The supervising probation officer shall file the petition to revoke sooner, based on local departmental policies, the circumstances surrounding the case and the need for community protection.
(4) If the absconder is on intensive probation supervision and is not located within 72 hours, the intensive probation officer shall file a petition to revoke probation no later than the next business day and request that the court issue a warrant. The supervising probation officer shall file the petition to revoke sooner, based on local departmental policies, the circumstances surrounding the case and the need for community protection.
(5) Probation officers shall make documented efforts to locate the absconder until the absconder is located pursuant to local departmental policy.
g. Ensure that juveniles placed on probation pay restitution and probation fees as ordered and establish monthly payment schedules which emphasize payment of restitution and probation fees in the absence of specific court ordered monthly payment schedules.
h. Conduct a risk needs assessment on every juvenile supervised within 30 days if not completed during the pre-dispositional process. The result of the assessment shall be used to establish a level of supervision for the juvenile and formulate a supervision plan.
i. Closely monitor school attendance and performance.
j. Assist those juveniles authorized to work in the United States who are seeking employment and closely monitor employment of probationers.
k. Involve the parent or guardian in the rehabilitation and treatment of the juvenile.
l. Provide or arrange for appropriate supervision of juveniles performing community service.
m. Petition the court to revoke the probation of a juvenile who has been placed on probation for an offense involving the purchase, possession, or consumption of spirituous liquor or a violation of Title 13, Chapter 34, and has at least twice committed a violation of a condition of probation by consuming spirituous liquor or using a drug listed in A.R.S. § 13-3404, if there is probable cause to believe that the juvenile has subsequently consumed any spirituous liquor or drug listed in § 13-3401.
F. [No change]