ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FACT SHEET FOR S.B. 1302
probation; consecutive terms allowed
Purpose
Allows the court to impose consecutive sentences of probation.
Background
If a person is convicted of an offense, in many cases, the court may suspend the imposition of a prison sentence and place the person on probation. If a person is convicted of multiple offenses, a person may receive sentences of imprisonment for some offenses and sentences of probation for other offenses. The sentences of imprisonment may be served consecutive to one another; in other words, “stacked” and served one after the other. The sentences of probation cannot be “stacked”. Sentences of probation must be served concurrent to one another; in other words, served at the same time. See generally State v. Pakula, 113 Ariz. 122, 547 P.2d 476 (1976); State v. Jones, 124 Ariz. 24, 601 P.2d 1060 (1979).
Periods of probation are calculated based upon the offense committed. For example, if a person is convicted of a class 2 felony, the maximum sentence of probation a person may serve is seven years. If a person is convicted of a class 3 misdemeanor, the maximum period of probation the court may impose is one year. There are some exceptions, however. For example, a person convicted of a DUI offense, a class 1 misdemeanor, may be sentenced to a maximum period of probation of five years and a person convicted of certain sexual offenses may receive lifetime probation. Additionally, when the defendant is required to make restitution for any economic loss as a condition of probation, and that condition has not been satisfied, the court at any time before the termination or expiration of probation may extend probation for not more than three years for a felony offense and for not more than one year for a misdemeanor offense.
According to the Administrative Office of the Courts, 12 percent of all offenders on adult probation are sentenced on multiple counts. Additionally, using the existing concurrent-sentencing method, the average length of probation for adult probationers is 3.1 years.
There may be a fiscal impact associated with this legislation because if the court imposes consecutive sentences of probation, probationers would remain on supervision longer. Either probation departments would be required to absorb the additional probationers under current staffing levels or additional staff would be needed to supervise these probationers.
Provisions
1. Permits the court to impose consecutive sentences of probation.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 26, 2006
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