ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
probation; controlled
substance
Permits revocation of
probation in some circumstances for drug offenders who are unwilling to participate
in court-ordered drug treatment programs or who reject probation.
Background
In 1996 Arizona voters
passed Proposition 200, referred to as the Drug Medicalization, Prevention and
Control Act of 1996. Proposition 200
made several changes to laws concerning drug-related crimes, including the
elimination of incarceration for most persons convicted of a first offense of
possession or use of a controlled substance.
As one of the conditions of probation, offenders must attend a drug
treatment or education program. If an
offender violates probation, the court may impose additional conditions of
probation, such as intensified drug treatment, community service, intensive
probation or home-arrest. However, a
first-time drug offender who violates probation may not be incarcerated.
Some members of the legal
community believe that some form of sanction is necessary for enforcing
conditions of probation such as drug treatment program attendance. S.B. 1231 allows the probation department or
county attorney to petition for revocation of probation and requires the court
to revoke probation for drug offenders who fail or refuse to participate in
drug treatment programs.
The fiscal impact of this
bill is undetermined at this time; however, the elimination of probation for
certain drug offenders may increase the inmate population at the Arizona
Department of Corrections.
Provisions
1. Requires the court to revoke a drug offender’s probation if the court finds the defendant fails or refuses to participate in a drug treatment program.
2. Allows the probation department or county attorney to petition the court for revocation of a defendant’s probation if the defendant fails or refuses available drug treatment programs.
3. Eliminates probation eligibility for persons who refuse drug treatment or reject probation under Proposition 200 probation provisions.
4. Contains a Proposition 105 clause and therefore requires an affirmative vote of three-fourths of the members of each house of the Legislature.
5. Makes technical and conforming changes.
6. Provides for a general effective date.
Amendments Adopted by Committee
1. Specifies that the court may only incarcerate an offender if the offender violates probation by committing another drug related offense or violates a court order relating to drug treatment.
2. Changes the phrase "is not amenable" to "fails or refuses."
3. Changes the phrase "controlled substance" to "drug or drug paraphernalia."
4. Defines "drug."
5. Makes technical and clarifying changes.
Senate Action
JUD 3/12/02 DPA 5-3-0-0
Prepared by Senate Staff
March 15, 2002