sex offenses; violent
crimes; bail
SB 1202 prohibits a person in custody from receiving bail if the proof is evident or the presumption is great that the person is guilty of sexual assault, sexual conduct with a minor under fifteen years of age, or child molestation. It also requires a judicial officer to impose specified conditions, including electronic monitoring and prohibition of contact with the victim, on the pre-trial release of a defendant charged with a sexual offense.
SB 1202 was amended in the Appropriations Committee to allow the judicial officer to impose certain conditions on the release of any person released on his own recognizance or bail. It also specifies conditions that may only be imposed on a person charged with a felony violation under chapter 14 or 35.1 of Title 13 regarding sexual crimes and sexual exploitation of children. The bill was amended in Committee of the Whole to establish the Sex Offender Probation Study Committee and passed on reconsideration.
The Arizona Constitution states that all persons charged with a crime are entitled to bail except in specified instances such as charges of a capital offense. When the court releases a person on the person’s own recognizance or on bail, the court considers the nature and circumstances of the offense, the weight of the evidence, and the person’s criminal record. The court may impose conditions of release, such as restricting the person’s travel, prohibiting the person from possessing a dangerous weapon and requiring the deposit of cash or other security with the clerk of the court. SB 1202 requires the court to impose specific conditions on the pre-trial release of a defendant accused of sexual offenses.
In 1990, Arizona voters passed an initiative measure that amended the Arizona Constitution by adding the Victims’ Bill of Rights. The Victim’s Bill of Rights provides that victims have a right to be heard at any proceeding involving a post-arrest release decision. The Bill of Rights further states that the Legislature has the authority to enact laws to define, implement, preserve and protect the rights guaranteed in the Victim’s Bill of Rights. SB 1202 specifies that a court must provide a victim with notice and the opportunity to be heard when bail decisions are being made. Also the victim must be notified if the defendant applies to have the conditions of release reviewed. Additionally, under bail conditions established in this legislation, defendants charged with certain sexual offenses, including sexual conduct with a minor under the age of fifteen or child molestation, are prohibited from contact with the victim as part of the conditions of release.
· Prohibits a person in custody from admittance to bail if the proof is evident or the presumption great that the person is guilty of the charged offense and the offense is one of the following:
· Sexual assault
· Sexual conduct with a minor who is under fifteen years of age
· Molestation of a child who is under fifteen years of age
· Identifies the purposes of bail and any conditions of release that are set by a judicial officer to include:
· Assuring the appearance of the accused
· Protecting against the intimidation of witnesses
· Protecting the safety of the victim, any other person or the community
· Requires the judicial officer to consider the views of the victim, in addition to other statutory criteria, when determining the method of release or the amount of bail.
· States that a judicial officer may revoke the defendant’s release on showing probable cause that the defendant committed any offense during the period of release. (Current language allows the judicial officer to revoke release if there is probably cause that the defendant committed a felony during the period of release).
· Requires a judicial officer to prohibit any contact with the victim and impose electronic monitoring on a person who is charged with a sexual offense under A.R.S. Title 13, Ch. 14 or sexual exploitation of children under A.R.S. Title 13, Chapter 35.1.
· Requires the victim to be notified if the defendant applies to have the conditions of release reviewed.
· States that prisoners convicted of a violation of sexual conduct with or molestation of a minor under fifteen years of age shall be prohibited from residing within four hundred forty feet of a school or its accompanying grounds while under community supervision.
· Defines school as any public, charter or private school where children attend classes.
· Designates the act as “Chris’s Law: Victims’ Protection Act”.
· Contains a conditional enactment. This act will not become effective unless the Constitution of Arizona is amended by vote of the people at the next general election to provide that a person shall not be admitted to bail if the proof is evident or the presumption great that the person is guilty of sexual assault, sexual conduct with a minor under fifteen years of age or child molestation.
· Makes technical and conforming changes.
SB 1202 was amended in the Appropriations Committee as follows:
§ States that a judicial officer may impose any of the following conditions on a person who is charged with any violation and is released on his own recognizance or bail:
§ Place the person in the custody of a designated person or organization agreeing to supervise him.
§ Place restrictions on the person’s travel, associates or place of abode during the period of release.
§ Require the deposit with the clerk of the court of cash or other security, such deposit to be returned upon the performance of the conditions of release.
§ Prohibit the person from possessing any dangerous weapon or engaging in certain described activities or indulging in intoxicating liquors or certain drugs.
§ Require the person to report regularly to and remain under the supervision of an officer of the court.
§ Impose any other conditions deemed reasonably necessary to assure appearance as required including a condition requiring that the person return to custody after specified hours.
§ States that in addition to any of the conditions of release cited above, a judicial officer shall impose the following conditions on a person who is charged with a violation of chapter 14 or 35.1 of Title 13 and who is released on his own recognizance or on bail:
§ Electronic monitoring where available.
§ A condition prohibiting the person from having any contact with the victim.
§ Adds the clarification that electronic monitoring shall be preformed where available.
SB 1202 was further amended in Committee of the Whole as follows:
§
Establishes the seventeen member Sex Offender Probation
Study Committee consisting of:
§
The attorney general or designee
§
The Chairpersons of Senate and House of Representatives
Judiciary Committees
§
A member of each the Senate and House of
Representatives minority party appointed by the President of the Senate and
Speaker of the House respectively.
§
Two sheriffs or designees appointed by the president of
the Arizona County Attorneys and Sheriffs Association. (One must represent a
county with a population of more than 400,000 persons and the other a county
with a population of less than 400,000.)
§
Two chiefs of police or their designees who are
appointed by the President of the Arizona Association of Chiefs of Police. (One
must represent a county with a population of more than 400,000 persons and the
other a county with a population of less than 400,000.)
§
Two county attorneys or their designees who are
appointed by the chairman of the Arizona Prosecuting Attorney’s Advisory
Council. (One must represent a county with a population of more than 400,000
persons and the other a county with a population of less than 400,000.)
§
Two county adult probation officers or designees who
are appointed by the Chief Justice of the Supreme Court. (One must represent a
county with a population of more than 400,000 persons and the other a county
with a population of less than 400,000.)
§
One state adult parole administrator or the administrator’s
designee who is appointed by the Governor.
§
The director of the Department of Public Safety or
designee.
§
The Director of the Department of Transportation or
designee.
§
One person who is a licensed psychologist and who is
appointed by the State Board of Psychologist examiners.
§
States that committee members are not eligible to
receive compensation but are eligible for reimbursement of expenses.
§
Requires the committee to complete the following
duties:
§
Evaluate the effectiveness of sex offender probation in
Arizona.
§
Identify the reasons for sex offender
overrepresentation in particular Arizona zip codes.
§
Determine the impact of sex offender overrepresentation
in the zip codes that are overrepresented
§
Formulate recommendations for the elimination or reduction
of sex offender overrepresentation.
§
Determine the frequency and impact of sex offender
probationers living near schools.
§
Formulate recommendations for the reduction of risks
related to sex offender probationers living near schools.
§
States that the committee may utilize the services of
the legislative staff.
§
Requires the committee to report its finding and
recommendations to the Governor, President of the Senate, and the Speaker of
the House of Representatives on or before December 31, 2002. A copy of their report must also be
submitted to the Secretary of State and the Director of the Arizona State
Library, Archives and Public Records.
§
Provides for a December 31, 2002 delayed repeal of the
section of the act, which establishes the study committee.
§
Makes technical and conforming changes.
---------- DOCUMENT FOOTER ---------
45th Legislature
Second Regular Session 3 May
8, 2002
---------- DOCUMENT FOOTER ---------