Section 5-201 : Evidence Based Pretrial Services
Arizona Revised Statutes AnnotatedCode of Judicial AdministrationEffective: September 1, 2019
Effective: September 1, 2019
AZ ST Code of Jud. Admin., § 5-201
Section 5-201: Evidence Based Pretrial Services
“Court” or “courts” means superior court or limited jurisdiction court.
“Electronic Monitoring” means various technologies utilized to monitor a defendant's compliance with release conditions, including use of global positioning satellite and radio frequency.
“Evidence based practices” means programs, assessments and supervision policies and practices that scientific research demonstrates reduce instances of a pretrial defendant's failure to appear in court and involvement in criminal activity.
“Offense” (or public offense) means “conduct for which a sentence to a term of imprisonment or of a fine is provided by any law of the state in which it occurred or by any law, regulation or ordinance of a political subdivision of that state and, if the act occurred in a state other than this state, it would be so punishable under the laws, regulations or ordinances of this state or of a political subdivision of this state if the act had occurred in this state” as provided in A.R.S. § 13-105(27).
“Pretrial risk assessment” means a state-approved validated actuarial assessment that predicts a pretrial defendant's risk of committing a new crime or failing to appear while on pretrial release for the purpose of assisting the court in determining release decisions and release conditions and to assist the pretrial services staff with supervision monitoring requirements.
“Pretrial services” means programs that perform functions to assist the court in making prompt, fair, and effective decisions regarding the release, detention or conditions of release of persons arrested.
“Pretrial services staff” means court employees who assist the court in making determinations regarding the release or detention of persons arrested, make recommendations for release conditions, and provide supervision or monitoring of persons released under supervision. Pretrial services staff includes probation officers who perform these duties.
“Pretrial supervision” means monitoring and supervising defendants who are released pursuant to A.R.S. § 13-3967(D)(5) to minimize risks of committing a new crime or failing to appear while on pretrial release.
“Release order” means the court order that contains the conditions and restrictions imposed by the court as well as the next court date and location.
“Risk” means measurable factors that correlate to a pretrial defendant's probability of committing a new crime or failing to appear while on pretrial release that are gathered through a standardized risk assessment instrument, information from the defendant, victims, interested parties or other sources of information.
B. Purpose. This code section provides the scope, requirements, and procedures for Arizona courts to establish and operate pretrial services consistent with evidence-based practices. The superior court in each county may operate pretrial services in the probation department, pretrial services department or court administration. Municipal and justice courts may also establish and operate pretrial services.
The purpose of pretrial services is to provide information that will assist the court in making pretrial release decisions, as well as supervising defendants who are released pursuant to A.R.S. § 13-3967(D)(5).
1. Az. Const. Art. 6, § 3, provides that the supreme court shall have administrative supervision over all the courts of the state. As part of that administrative supervision, this code section establishes requirements for the formation and operation of pretrial service programs consistent with Az. Const. Art. 2 § 22(A),(B) and A.R.S. § 13-3967.
2. In order to assist the court in making determinations regarding release, the imposition of conditions of release or to make determinations regarding violations of conditions of release pursuant to Az. Const. Art. 2 § 22(A),(B), and A.R.S. § 13-3967(C),(D)(5), pretrial services shall have authority to interview and process all persons charged with an offense either before or after first appearance.
D. Applicability. This code section applies to all courts or court departments that operate pretrial services including interviewing pretrial defendants, administering pretrial risk assessments, providing recommendations regarding release conditions and/or supervising persons released to pretrial supervision.
1. Courts operating pretrial services shall use a pretrial risk assessment tool approved by the Arizona Judicial Council to assist in determining a defendant's likelihood of committing a new crime or failing to appear for court while on pretrial release. The results of the pretrial risk assessment tool shall be provided to the court prior to the initial appearance and, when requested by the court, for use at any hearing in which release decisions are made.
E. In addition to any of the conditions a judicial officer may impose pursuant to subsection D of this section, the judicial officer shall impose both of the following conditions on a person who is charged with a felony violation of chapter 14 or 35.1 of this title and who is released on his own recognizance or on bail:
4. Pretrial services staff shall provide information and may make recommendations to assist the court in setting release conditions consistent with A.R.S. § 13-3967(D)-(E) and local policy. Release conditions recommendations shall be based on results from a risk assessment, and may also include but are not limited to:
A judicial officer who orders the release of a juvenile who has been transferred to the criminal division of the superior court pursuant to § 8-327 or who has been charged as an adult pursuant to § 13-501 shall notify the appropriate school district on the release of the juvenile from custody.
Effective January 10, 2014.
AZ ST Code of Jud. Admin, § 5-201, AZ ST CJA § 5-201
Current with amendments received through 08/15/2020.
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