ARIZONA STATE SENATE
Phoenix, Arizona
sex offenses;
violent crimes; bail
Requires a judicial officer to impose specified conditions on the pretrial release of a person charged with a felony-level sexual offense or a sexual offense of a child. Requires the court to consider multiple factors, including the views of the victim, prior to imposing any conditions or modified conditions on a person released on a bailable offense.
The Arizona Constitution states that all persons charged with a crime are bailable except in specified instances such as charges of a capital offense. When the court determines whether to order a person’s release on the person’s own recognizance or on bail, the court considers many factors including the nature and circumstances of the offense, the weight of the evidence, and the person’s criminal record. The court may impose many 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. S.B. 1202 requires the court to impose specific conditions on the pretrial release of people accused of felony-level sexual offenses.
In 1990, Arizona voters passed an initiative measure that amended the Arizona Constitution by adding the Victims’ Bill of Rights. The 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 to victims by the Bill of Rights. S.B. 1202 specifies that a court must provide a victim with notice and the opportunity to be heard when bail decisions are being made. Additionally, under bail conditions established in this legislation, certain defendants are prohibited from having any contact with their victims.
The Joint Legislative Budget Committee staff estimates no state general fund impact as a result of this bill.
1. Requires that a person shall not be admitted to bail if the proof is evident or the presumption great that the person is guilty of the offense charged and the offense is sexual assault, sexual conduct with a minor who is under fifteen years of age or child molestation.
2. Lists three purposes of bail and conditions of release, including:
a) assuring the appearance of the accused.
b) protecting against the intimidation of witnesses.
c) protecting the safety of the victim, any other person or the community.
3. Requires a judicial officer to impose the following conditions on a person charged with a felony-level sexual offense or a sexual offense of a child:
a) the defendant must be electronically monitored, where available.
b) the defendant must be prohibited from having any contact with the victim.
4. Requires persons convicted of sexual conduct with a minor under age 15 or molestation of a child under age 15 who are released from ADC under community supervision to be prohibited from residing within 440 feet of a school or its accompanying grounds.
5. States that the court must take the views of the victim into consideration when determining the method of release or the amount of bail to be established for a person charged with a bailable offense.
6. Requires the judicial officer to impose any conditions of release or amended conditions of release only after providing the victim notice and an opportunity to be heard.
7. Requires the victim to be given notice of a defendant’s application to have the conditions of release reviewed by a judicial officer.
Sex Offender Probation Study
Committee
8. Creates the Sex Offender Probation Study Committee (the Committee).
9. Prescribes the following membership of the Committee:
a) The Attorney General or the Attorney General’s designee.
b) The Chairperson of the Senate Judiciary Committee.
c) A member of the minority party in the Senate, appointed by the President of the Senate.
d) The Chairperson of the House of Representatives Judiciary Committee.
e) A member of the minority party in the House of Representatives, appointed by the Speaker of the House of Representatives.
f) Two sheriffs or their designees, appointed by the President of the Arizona County Attorneys and Sheriffs Association, one of whom represents a county with a population of more than 400,000 persons, and one of whom represents a county with a population of 400,000 persons or less.
g) Two chiefs of police or their designees, appointed by the President of the Arizona Association of Chiefs of Police, one of whom represents a city or town in a county with a population of more than 400,000 persons, and one of whom represents a city or town in a county with a population of 400,000 persons or less.
h) Two county attorneys or their designees, appointed by the Chairman of the Arizona Prosecuting Attorney’s Advisory Council, one of whom represents a county with a population of more than 400,000 persons, and one of whom represents a county with a population of 400,000 persons or less.
i) Two county adult probation officers or their designees, appointed by the Chief Justice of the Supreme Court, one of whom represents a county with a population of more than 400,000 persons, and one of whom represents a county with a population of 400,000 persons or less.
j) One state adult parole administrator or a designee, appointed by the Governor.
k) The Director of the Department of Public Safety or a designee.
l) The Director of the Department of Transportation or a designee.
m) One licensed psychologist, appointed by the State Board of Psychologist Examiners.
10. Requires Committee members to elect cochairpersons from the membership of the Committee.
11. Stipulates that cochairpersons shall set the time and place for meetings.
12. States that members are only eligible for reimbursement of expenses.
13. Requires the Committee to:
a) Evaluate the effectiveness of sex offender probation in Arizona.
b) Identify the reasons for sex offender overrepresentation in particular Arizona zip codes.
c) Determine the impact of sex offender overrepresentation in the zip codes that are overrepresented.
d) Formulate recommendations for the elimination or reduction of sex offender overrepresentation.
e) Determine the frequency and impact of sex offender probationers living near schools.
f) Formulate recommendations for the reduction of risks related to sex offender probationers living near schools.
14. Allows the Committee to utilize the services of legislative staff.
15. Requires the Committee to submit a report of its findings to the following entities: the Governor, the President of the Senate and the Speaker of the House of Representatives on or before December 31, 2002, a copy of which must also be sent to the Secretary of State and the Director of the Arizona State Library, Archives and Public Records.
16. Contains a delayed repeal date of January 1, 2003.
Miscellaneous
17. States that this act shall be known as “Chris’s Law: Victims’ Protection Act.”
18. Makes technical and clarifying changes.
19. Provisions 1 and 2 become effective only if the Arizona Constitution is amended during 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 15 years of age or child molestation.
20. Provides for a general effective date, except as otherwise noted.
Amendments
Adopted by Committee
1. Eliminates the provision that sets the minimum bail for specified offenders at one million dollars.
2. Adds to existing statute three additional crimes for which a person charged with that offense cannot be released on bail if the proof is evident or the presumption great that the person is guilty of the charged offense.
3. Adds three purposes of bail and conditions of release.
4. Eliminates the prohibition against a defendant who is released pretrial for a sexual offense from approaching a school or contacting any member of the victim's family.
5. Requires specified persons released from ADC under community supervision to be prohibited from residing within 440 feet of a school or its accompanying grounds.
Amendment
Adopted by Rules Committee
·
Adds a conditional enactment.
Amendments
Adopted by Committee of the Whole
· Clarifies which persons are prohibited from living within 440 feet of a school or its grounds as a condition of community supervision.
Amendments Adopted by House of Representatives
· Adds provisions related to the Committee.
Senate Action House
Action
JUD 3/12/02 DPA 6-0-2-0 APPROP 4/9/02 DPA 10-0-1-5
3rd Read 3/27/02 28-2-0-0 3rd Read 5/6/02 40-18-2-0
Final Read 5/13/02 26-1-3-0
Signed by Governor 5/17/02
Chapter 223
Prepared by Senate Staff
June 14, 2002