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Rule 7.3. Conditions of Release

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: July 1, 2023

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
III. Rights of Parties
Rule 7. Release (Refs & Annos)
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 7.3
Rule 7.3. Conditions of Release
Currentness
(a) Mandatory Conditions. Every order of release must contain the following conditions:
(1) the defendant must appear at all court proceedings;
(2) the defendant must not commit any criminal offense;
(3) the defendant must not leave Arizona without the court's permission; and
(4) if a defendant is released during an appeal after judgment and sentence, the defendant will diligently pursue the appeal.
(b) Victim Protection. The court must order the defendant not to contact a victim if such an order is reasonably necessary to protect a victim from physical harm, harassment, intimidation, or abuse.
(c) Mandatory Condition if Charged with an Offense Listed in A.R.S. § 13-610(O)(3) or a new Violation of A.R.S. § 13-2910.
(1) Generally. If a defendant is charged with an offense listed in A.R.S. § 13-610(O)(3) and has been summoned to appear in court, the court must order the defendant to report to the arresting law enforcement agency or its designee no later than 5 days after release, and submit a sample of buccal cells or other bodily substances for DNA testing as directed. The defendant must provide proof of compliance at the next scheduled court proceeding.
(2) Required Notice. The court must inform the defendant that a willful failure to comply with an order under (b)(1) will result in revocation of release.
(3) New Violation of A.R.S. § 13-2910. If a defendant is serving a term of probation for committing animal cruelty under A.R.S. § 13-2910 and is charged with a new violation of A.R.S. § 13-2910, and if the defendant is released on their own recognizance or on bail, the court must impose a condition of release that prohibits the defendant from possessing or having contact with any animal.
(d) Additional Conditions. The court may impose as a condition of release one or more of the following conditions, if the court finds the condition is reasonably necessary to secure the defendant's appearance or to protect another person or the community from risk of harm by the defendant. In making determinations under this rule, the court must consider, if provided, the results of a risk assessment approved by the Supreme Court and a law enforcement agency's lethality assessment.
(1) Non-Monetary Conditions. A court may impose the following non-monetary conditions:
(A) placing the defendant in the custody of a designated person or organization that agrees to provide supervision;
(B) restricting the defendant's travel, associations, or residence;
(C) prohibiting the defendant from possessing any dangerous weapon;
(D) engaging in certain described activities, or consuming intoxicating liquors or any controlled substance that is not properly prescribed;
(E) requiring the defendant to report regularly to and remain under the supervision of an officer of the court;
(F) returning the defendant to custody after specified hours; or
(G) imposing any other non-monetary condition that is reasonably related to securing the defendant's appearance or protecting others or the community from risk of harm by the defendant.
(2) Monetary Conditions.
(A) Generally. A court's imposition of a monetary condition of release must be based on an individualized determination of the defendant's risk of non-appearance, risk of harm to others or the community, and the defendant's financial circumstances. The court may not rely on a schedule of charge-based bond amounts, and it must not impose a monetary condition that results in unnecessary pretrial incarceration solely because the defendant is unable to pay the imposed monetary condition.
(B) Least Onerous Alternative. If the court determines a monetary condition is necessary, it must impose the least onerous type of condition in the lowest amount necessary to secure the defendant's appearance or protect other persons or the community from risk of harm by the defendant.
(C) Types of Conditions. The types of monetary conditions a court may impose include the following:
(i) an unsecured appearance bond;
(ii) a deposit bond;
(iii) another type of secured bond; and
(iv) a cash bond.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended on an emergency basis Aug. 29, 2022, effective Sept. 24, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023; amended Aug. 29, 2022, effective Jan. 1, 2023; Dec. 8, 2022, effective July 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 7.3, AZ ST RCRP Rule 7.3
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
End of Document