Factors Used To Recommend Intensive Probation

February 22, 2018 Posted in Felonies

Intensive Probation – A Possible Alternative to Prison?

Arizona intensive probation is designed to be an alternative to prison. As such, it includes house arrest and other types of intense monitoring such as maintaining employment or full-time student status, paying restitution and probation fees, residing at a place approved by the intensive probation team, complying with drug and alcohol testing if requested by the intensive probation team, performing between twenty and forty hours of community restitution, and meeting any other conditions imposed by the court.

The Arizona Code of Judicial Administration § 6-202 describes what factors a probation officer must use in deciding whether to make a recommendation to the court for intensive probation. The information below comes from the following link to § 6-202: https://govt.westlaw.com/azrules/Document/N8991D3B029F711DE86D8BDEF91DD0749?viewType=FullText&originationContext=documenttoc&transitionType=DocumentItem&contextData=(sc.Default)

4. A.R.S. § 13-914(B) provides: “The adult probation officer shall evaluate the needs of the offender and the offender’s risk to the community, including the nature of the offense and the prior criminal history of the offender …” Adult probation department staff shall administer the standardized assessment. The adult probation officer shall consider these factors in making a recommendation to the court for placement on intensive probation.

5. In determining appropriateness for intensive probation the probation officer shall also consider:

1. The offender’s need for the structure, accountability, and close monitoring;
2. The focus on treatment inherent in the intensive probation program;
3. The benefits of the intensive probation program to the offender;
4. Community safety;
5. The potential harm to the victim including the victim’s attitude toward placing the offender on intensive probation;
6. Payment of restitution;
7. The probability the offender will remain at liberty without violating the law;
8. Performance of community restitution hours;
9. The offender’s legal eligibility to work in the United States; and
10. Any other factors determined appropriate to the ends of justice and the safety of the community.

6. The probation officer shall include the reasons supporting intensive probation in the presentence report.

Only factor i. can be objectively determined. Factor j. is open-ended and could include any number of things. If you are facing a criminal sentence that includes intensive probation, you need an experienced defense attorney. Attorney at Law Gary Rohlwing has over three decades of experience. Call him today for a free initial consultation.