Probation

Probation

The Tucson City Court Probation Monitoring Unit is responsible for the monitoring of offenders placed on probation by the Court. Probation is ordered by a judge as an alternative to incarceration and allows the convicted person to remain in the community.

The purpose of probation is three fold:

To ensure that the orders and requirements imposed by the Court are met
Ensure the public safety
Provide for the rehabilitation of the offender

The period of probation is determined by the Arizona Revised Statues and may continue for the following periods:

Class 1 misdemeanor- three (3) years, with the exception of DUI convictions which is five (5) years
Class 2 misdemeanor- two (2) years
Class 3 misdemeanor- one (1) year

When the court has required , as a condition of probation, that the defendant make restitution for any economic loss related to the defendant’s offense and that condition has not been satisfied, the court at any time prior to the termination or expiration of probation may extend the period for not more than one (1) year.

When the court imposes a term of probation on a defendant they are assigned to a probation monitoring officer who will monitor and assist them. The defendant may be ordered to pay fines, fees and restitution, participate in counseling or substance abuse treatment programs, submit to breathalyzer and urinalysis testing, and abstain from alcohol. The probation monitoring officer will interview the defendant and make the appropriate referral to counseling, treatment or mental health programs and monitor the defendant to ensure adherence to the conditions of probation. The defendant must cooperate with the monitoring officer in complying with the specified terms and conditions of probation. If the defendant violates the conditions of probation the probation monitoring officer initiates a petition to revoke probation and testifies in court as a witness during hearings on these matters.

In addition to offender supervision the department also prepares pre-sentence reports for the court and conducts domestic violence assessments which are used by the court in determining sanctions at sentencing. The City Court Probation Unit also provides a Home Detention Program using electronic monitoring.

Home Detention Program

The following types of cases are eligible for the Home Detention Program:

DUI
Prostitution
Some Driving on Suspended License
(10 or more days)

Home Detention is governed by Statute 9-499.07

“A city or town may establish a home detention program for eligible sentenced defendants which shall be treated the same as confinement in jail.”

A defendant is not eligible for the home detention program if any of the following applies:

The defendant is found by the City to constitute a risk either to himself or other members of the community.
The defendant has a past history of violent behavior.
The sentencing judge states at the time of the sentence that the defendant may not be eligible for the home detention program.

REQUIREMENTS

Defendants selected for the home detention program shall be employed whithin the county in which the city or town is located
Home detention staff shall review the place of employment to determine whether it is appropriate for the home detention defendant. The defendant shall show proof of employment by letter and pay stub. Additionally, HD staff shall visit the work site and interview the employer.
If the defendant is incapable of being employed, they may be exempt from the home detention program.
Defendants must have a private, residential, touch tone desk phone.
Defendant phones cannot have call waiting, call forwarding, voice messaging or caller ID.
Defendants cannot use a computer modem or FAX while on the program.
There shall be no alcohol kept at the residence. Defendants may be tested for consumption of alcohol or drugs.
Defendants are prohibited from association with individuals determined to be detrimental to their successful participation in the program.
Home detention fees are $6 per day. The total is due prior to hook-up.

IN ADDITION

Defendants that live outside the city limits will be evaluated on a casy by case basis.

MANDATORY SENTENCING

If the defendant is sentenced under 28-1381 sub section B, the defendant must serve a minimum of 24 consecutive hours in jail before being eligible for home detention.

If sentenced under 28-1381 sub section E, the defendant must serve a minimum of 15 consecutive days in jail before being placed on home detention.

A defendant sentenced pursuant to (DUI) shall not be placed under home detention except as follows:

Defendant shall pay all cost for all alcohol or substance abuse programs
Participation in such programs is mandatory
Defendant is to report daily for required alcohol/drug testing