13-901

13-901. Probation

A. If a person who has been convicted of an offense is eligible for probation, the
court may suspend the imposition or execution of sentence and, if so, shall without delay
place the person on intensive probation supervision pursuant to section 13-913 or
supervised or unsupervised probation on such terms and conditions as the law requires and
the court deems appropriate, including participation in any programs authorized in title
12, chapter 2, article 11. If a person is not eligible for probation, imposition or
execution of sentence shall not be suspended or delayed. If the court imposes probation,
it may also impose a fine as authorized by chapter 8 of this title. If probation is
granted the court shall impose a condition that the person waive extradition for any
probation revocation procedures and it shall order restitution pursuant to section
13-603, subsection C where there is a victim who has suffered economic loss. When
granting probation to an adult the court, as a condition of probation, shall assess a
monthly fee of not less than sixty-five dollars unless, after determining the inability
of the probationer to pay the fee, the court assesses a lesser fee. This fee is not
subject to any surcharge. In justice and municipal courts the fee shall only be assessed
when the person is placed on supervised probation. For persons placed on probation in
the superior court, the fee shall be paid to the clerk of the superior court and the
clerk of the court shall pay all monies collected from this fee to the county treasurer
for deposit in the adult probation services fund established by section 12-267. For
persons placed on supervised probation in the justice court, the fee shall be paid to the
justice court and the justice court shall transmit all of the monies to the county
treasurer for deposit in the adult probation services fund established by section
12-267. For persons placed on supervised probation in the municipal court, the fee shall
be paid to the municipal court. The municipal court shall transmit all of the monies to
the city treasurer who shall transmit the monies to the county treasurer for deposit in
the adult probation services fund established by section 12-267. Any amount assessed
pursuant to this subsection shall be used to supplement monies used for the salaries of
adult probation and surveillance officers and for support of programs and services of the
superior court adult probation departments.

B. The period of probation shall be determined according to section 13-902, except
that if a person is released pursuant to section 31-233, subsection B and community
supervision is waived pursuant to section 13-603, subsection K, the court shall extend
the period of probation by the amount of time the director of the state department of
corrections approves for the inmate's temporary release.

C. The court, in its discretion, may issue a warrant for the rearrest of the
defendant and may modify or add to the conditions or, if the defendant commits an
additional offense or violates a condition, may revoke probation in accordance with the
rules of criminal procedure at any time before the expiration or termination of the
period of probation. If the court revokes the defendant's probation and the defendant is
serving more than one probationary term concurrently, the court may sentence the person
to terms of imprisonment to be served consecutively.

D. At any time during the probationary term of the person released on probation,
any probation officer, without warrant or other process and at any time until the final
disposition of the case, may rearrest any person and bring the person before the court.

E. The court, on its own initiative or on application of the probationer, after
notice and an opportunity to be heard for the prosecuting attorney and, on request, the
victim, may terminate the period of probation or intensive probation and discharge the
defendant at a time earlier than that originally imposed if in the court's opinion the
ends of justice will be served and if the conduct of the defendant on probation warrants
it.

F. When granting probation the court may require that the defendant be imprisoned
in the county jail at whatever time or intervals, consecutive or nonconsecutive, the
court shall determine, within the period of probation, as long as the period actually
spent in confinement does not exceed one year or the maximum period of imprisonment
permitted under chapter 7 of this title, whichever is the shorter.

G. If the defendant is placed on lifetime probation and has served one year in the
county jail as a term of probation, the court may require that the defendant be
additionally imprisoned in the county jail at whatever time or intervals, consecutive or
nonconsecutive, the court shall determine, within the period of probation if the
defendant's probation is revoked by the court and the defendant is subsequently
reinstated on probation. The period actually spent in confinement as a term of being
reinstated on probation shall not exceed one year or when including the initial one year
period of incarceration imposed as a term of probation, the maximum period of
imprisonment permitted under chapter 7 of this title, whichever is the shorter.

H. If restitution is made a condition of probation, the court shall fix the amount
of restitution and the manner of performance pursuant to chapter 8 of this title.

I. When granting probation, the court shall set forth at the time of sentencing and
on the record the factual and legal reasons in support of each sentence.

J. If the defendant meets the criteria set forth in section 13-901.01 or 13-3422,
the court may place the defendant on probation pursuant to either section. If a defendant
is placed on probation pursuant to section 13-901.01 or 13-3422, the court may impose any
term of probation that is authorized pursuant to this section and that is not in
violation of section 13-901.01.