Senate Bill 1130

AN ACT

RELATING TO COURTS AND CIVIL PROCEEDINGS; REVISING THE ADULT PROBATION OFFICER SYSTEM; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES AND TENURE OF ADULT PROBATION OFFICERS; REPEALING SECTION 12-251, ARIZONA REVISED STATUTES; AMENDING TITLE 12, CHAPTER 2, ARTICLE 6, ARIZONA REVISED STATUTES, BY ADDING NEW SECTIONS 12-251 AND 12-254, AND AMENDING SECTIONS 12-252 AND 12-253, ARIZONA REVISED STATUTES.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Repeal

Section 12-251, Arizona Revised Statutes, is repealed.

Sec. 2.

Title 12, chapter 2, article 6, Arizona Revised Statutes, is amended
by adding a new section 12-251, to read:

12-251. Adult probation officers; appointment; qualifications

A. THE PRESIDING JUDGE OF THE SUPERIOR COURT IN EACH
COUNTY HAVING A POPULATION OF THREE HUNDRED
THOUSAND PERSONS OR MORE SHALL APPOINT A CHIEF ADULT
PROBATION OFFICER WHO SHALL SERVE AT THE PLEASURE OF
THE PRESIDING JUDGE. SUCH CHIEF ADULT PROBATION
OFFICER, WITH THE APPROVAL OF THE PRESIDING JUDGE OF
THE SUPERIOR COURT, SHALL APPOINT SUCH DEPUTY ADULT
PROBATION OFFICERS AS ARE NECESSARY. SUCH DEPUTY
ADULT PROBATION OFFICERS SHALL HOLD OFFICE UNDER
RULES AND PROCEDURES ESTABLISHED BY THE SUPREME
COURT.

B. IN A COUNTY HAVING A POPULATION OF LESS THAN THREE
HUNDRED THOUSAND PERSONS THE PRESIDING JUDGE OF THE
SUPERIOR COURT MAY APPOINT SUCH ADULT PROBATION
OFFICERS AS ARE NECESSARY AND SUCH OFFICERS SHALL
HOLD OFFICE AT THE PLEASURE OF THE JUDGE MAKING THE
APPOINTMENTS.

THE JUVENILE PROBATION OFFICER SHALL SERVE AS ADULT
PROBATION OFFICER WITHOUT ADDITIONAL COMPENSATION IF
SO DIRECTED BY THE APPOINTING JUDGE.

C. EACH ADULT PROBATION OFFICER APPOINTED PURSUANT
TO SUBSECTION A OR B SHALL GIVE BOND IN THE PRINCIPAL
AMOUNT TO BE FIXED BY THE COURT AND APPROVED BY THE
JUDGE MAKING THE APPOINTMENT, CONDITIONED UPON THE
FAITHFUL PERFORMANCE BY SUCH OFFICER OF HIS OFFICIAL
DUTIES AND THE PAYMENT OF ALL MONIES COMING INTO HIS
POSSESSION AS SUCH OFFICER TO THE PERSON, OFFICER OR
BODY ENTITLED TO RECEIVE THE FUNDS. ANY ADULT
PROBATION OFFICER COVERED BY A BLANKET FAITHFUL
PERFORMANCE BOND PAYABLE TO THE COUNTY SHALL BE
DEEMED TO BE IN COMPLIANCE WITH THIS SECTION.

D. AN ADULT PROBATION OFFICER OF A COUNTY SHALL
QUALIFY UNDER MINIMUM STANDARDS OF EXPERIENCE AND
EDUCATION ESTABLISHED BY THE SUPREME COURT. SUCH
STANDARDS MAY DIFFER FOR COUNTIES OF LESS THAN THREE
HUNDRED THOUSAND PERSONS FROM COUNTIES WITH THREE
HUNDRED THOUSAND PERSONS OR MORE.

E. PRESENTLY APPOINTED ADULT PROBATION OFFICERS WHO
QUALIFY UNDER THE PROVISIONS OF SUBSECTION D OF THIS
SECTION SHALL BE RETAINED IN THEIR POSITION AS LONG AS
THEY ARE QUALIFIED.

Sec. 3.

Section 12-252, Arizona Revised Statutes, is amended to read:

12-252. Salaries and expenses

A. The salary of the adult probation OFFICERS shall be fixed by the PRESIDING judge OF THE SUPERIOR COURT with the approval of the board of supervisors.
B. The expenses AND ALLOWANCES of THE ADULT PROBATION OFFICERS incurred in performance of THEIR duty or in the execution of the orders of the court shall, when approved by the PRESIDING judge or judges of the superior court, be paid as other IN THE AMOUNTS PROVIDED IN SECTIONS 38-623 AND 38-624.

Sec. 4.

Section 12-253,

Arizona Revised Statutes, is amended to read:

12-253. Powers and duties

The adult probation officer shall:

1. Make and file a complete record of persons placed under suspended
sentence by the court, and of all reports made to him in writing or in
person, in accordance with the conditions imposed by the court.

2. Exercise general supervision and observation over persons under
suspended sentence, subject to control and direction by the court.

3. Serve warrants, make arrests and bring persons before the court who
are under suspended sentences. SUCH OFFICER HAS THE AUTHORITY
OF A PEACE OFFICER IN THE PERFORMANCE OF HIS DUTIES.

4. Investigate cases referred to him for investigation by the court in
which he is serving and report thereon to the court.

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.

6. Obtain and assemble information concerning the conduct of persons
placed under suspended sentence and report the information to the court.

7. Bring defaulting probationers into court when in his judgment the
conduct of the probationer justifies the court to revoke suspension of the
sentence.

Sec. 5. Title 12, chapter 2, article 6, Arizona Revised Statutes, is amended
by adding section 12-254, to read:

12-254. Chief Adult probation officer; duties; other officers' duties

A. IN EACH COUNTY HAVING A CHIEF ADULT PROBATION
OFFICER, SUCH OFFICER WITH THE APPROVAL OF THE
PRESIDING JUDGE SHALL:

1. ESTABLISH ORGANIZATIONAL AND OPERATIONAL
PROCEDURES FOR THE DEPUTY ADULT PROBATION OFFICERS
OF THE COUNTY.

2. DIRECT THE WORK AND ACTIVITIES OF THE DEPUTY ADULT
PROBATION OFFICERS OF THE COUNTY.

3. SUPPLY SUCH INFORMATION AS MAY BE REQUESTED BY THE
DEPARTMENT OF CORRECTIONS PURSUANT TO SECTION 41-1604,
SUBSECTION A, PARAGRAPH 7.

4. PERFORM OTHER DUTIES ASSIGNED BY THE PRESIDING
JUDGE, WHICH DUTIES MAY INCLUDE SERVING AS A JUVENILE
PROBATION OFFICER, IF SUCH OFFICER MEETS THE MINIMUM
QUALIFICATION PRESCRIBED BY SECTION 8-203, SUBSECTION C.
B. IN A COUNTY HAVING NO CHIEF PROBATION OFFICER THE
ADULT PROBATION OFFICER SHALL SUPPLY THE INFORMATION
REQUIRED BY SUBSECTION A, PARAGRAPH 3 OF THIS SECTION.

Approved by the Governor - May 10, 1972

Filed in the Office of the Secretary of State -May 10, 1972