Probation Monitoring Division

 

(520) 791-2581

The Probation Monitoring Division 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. assessments which are used by the court in determining sanctions at sentencing. The Probation Division 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:

  • If the offender is found by the City to constitute a risk either to himself or other members of the community.
     
  • If the offender has a past history of violent behavior or has been convicted of any charge that includes domestic violence or assault.
     
  • If the sentencing judge states at the time of the sentence, that the defendant may not be eligible for the home detention program.
     
  • If the offender has ever been convicted of a felony.
     
  • If the offender has ever been convicted of any sex offense or child abuse.
     
  • If the offender is residing in the United States without proper documentation.

REQUIREMENTS

  • Undergo Home Detention Screening through the Probation Division.
     
  • The cost of a Home Detention Screening is $30.00 (no checks).  This is a mandatory, non refundable fee borne by the offender.
     
  • Provide all required documentation and attend all scheduled appointments.
     
  • Offenders who are selected for the Home Detention Program will be monitored using electronic monitoring.
     
  • Selected offenders will not drink alcoholic beverages or use drugs.
     
  • Selected offenders will be tested for alcohol and drugs while on the program. This testing is done on Mondays and Thursdays at the Treatment Assessment Screening Center, at a cost of $5.00 per alcohol test and $5.00 per test for drugs.
     
  • Selected offenders are prohibited from associating with individuals who are determined to be detrimental to their successful completion of the program.
     
  • Selected offenders may not terminate employment or seek employment while on the program.

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 shall not be placed under home detention except as follows (DUI):
     
    • 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
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Tucson City Court: Last Updated 05/05/09