12-114.01. Probation assessment; deposit
A. Except as provided in section 12-269, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay an assessment of twenty dollars on conviction for a criminal offense or a finding of responsibility for a civil traffic violation, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except parking violations, or for a violation of the game and fish statutes in title 17.
B. The monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the judicial collection enhancement fund established by section 12-113 to be used to supplement monies currently used for the salaries of adult and juvenile probation and surveillance officers and for support of programs and services of the superior court adult and juvenile probation departments.
C. The court may mitigate all or part of the assessment in the same manner and subject to the same limitations included in the mitigation of a fine in section 13-825, subsection B.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 2009–2021 · leading case:
State v. Dustin, 449 P.3d 715 (Ariz. Ct. App. 2019).
State v. Dustin, 449 P.3d 715 (Ariz. Ct. App. 2019).
· cites it 10× “1 The legislature amended § 12-114.01, effective Jan. 1, 2019. See 2018 Ariz.”
State v. Payne, 225 P.3d 1131 (Ariz. Ct. App. 2009).
· cites it 4× “The court in that case ruled that a $10 probation *566 surcharge was properly imposed pursuant to A.R.S. § 12-114.01(A) because the underlying probation fee assessed under A.”
State v. Pelaez, 330 P.3d 1021 (Ariz. Ct. App. 2014).
· cites it 14× “The 2006 version of § 12-269(C) stated, "[i]n lieu of the surcharge prescribed in § 12-114.01 and in addition to any other penalty assessment provided by law, a county with a population of two million or more persons shall levy a probation surcharge in an amount determined by…”
State v. Hernandez-Perez (Ariz. Ct. App. 2019).
· cites it 12× “” § 12-114.01(A); see also A.R.S. § 12-269(C) (requiring counties with two million or more persons to impose a different assessment).”
State v. Castronova, 212 P.3d 887 (Ariz. Ct. App. 2009).
· cites it 16× “The probation fee accordingly qualifies under A.R.S. § 12-114.01 (A). ¶ 9 This analysis is consistent with the purpose of A.”
State v. Nelson (Ariz. Ct. App. 2019).
· cites it 6× “” ¶6 Second, we note that the trial court on remand also failed to order that Appellant pay the $20 probation assessment, as provided for in A.R.S. § 12-114.01. In Appellant’s first appeal, the trial court failed to orally impose that assessment at sentencing, and the State…”
State of Arizona v. Payne Nelson Daniels (Ariz. Ct. App. 2009).
· cites it 6× “, A.R.S. § 12-114.01 ($10 probation surcharge on every fine, penalty, and forfeiture shall be deposited in judicial collection enhancement fund (JCEF) established by A.”
State v. Wooten (Ariz. Ct. App. 2018).
· cites it 2× “Under A.R.S. § 12-114.01(A), “in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay [a probation] assessment of twenty dollars on conviction for a criminal offense .”
State v. McCartney, 493 P.3d 905 (Ariz. Ct. App. 2021).
· cites it 2× “02, 16- 954(A); (4) a probation assessment, see A.R.S. §§ 12-114.01(A), -269; (5) criminal penalty assessments, see A.”
State v. Stiefel (Ariz. Ct. App. 2015).
· cites it 2× “§ 13-3407(H); a $13 penalty assessment, see A.R.S. § 12-116.04(A) (West 2015); a $20 time payment fee, see A.”
— Ariz. Rev. Stat. § 12-114.01(A) — 10 cases
State v. Payne, 225 P.3d 1131 (Ariz. Ct. App. 2009).
“The court in that case ruled that a $10 probation *566 surcharge was properly imposed pursuant to A.R.S. § 12-114.01(A) because the underlying probation fee assessed under A.”
State v. Dustin, 449 P.3d 715 (Ariz. Ct. App. 2019).
“1 The legislature amended § 12-114.01, effective Jan. 1, 2019. See 2018 Ariz.”
State v. Pelaez, 330 P.3d 1021 (Ariz. Ct. App. 2014).
“The 2006 version of § 12-269(C) stated, "[i]n lieu of the surcharge prescribed in § 12-114.01 and in addition to any other penalty assessment provided by law, a county with a population of two million or more persons shall levy a probation surcharge in an amount determined by…”
State v. Hernandez-Perez (Ariz. Ct. App. 2019).
“” § 12-114.01(A); see also A.R.S. § 12-269(C) (requiring counties with two million or more persons to impose a different assessment).”
State v. Castronova, 212 P.3d 887 (Ariz. Ct. App. 2009).
“The probation fee accordingly qualifies under A.R.S. § 12-114.01 (A). ¶ 9 This analysis is consistent with the purpose of A.”
— Ariz. Rev. Stat. § 12-114.01(B) — 3 cases
State v. Dustin, 449 P.3d 715 (Ariz. Ct. App. 2019).
“1 The legislature amended § 12-114.01, effective Jan. 1, 2019. See 2018 Ariz.”
State v. Castronova, 212 P.3d 887 (Ariz. Ct. App. 2009).
“The probation fee accordingly qualifies under A.R.S. § 12-114.01 (A). ¶ 9 This analysis is consistent with the purpose of A.”
State v. Hernandez-Perez (Ariz. Ct. App. 2019).
“” § 12-114.01(A); see also A.R.S. § 12-269(C) (requiring counties with two million or more persons to impose a different assessment).”
— Ariz. Rev. Stat. § 12-114.01(C) — 1 case
State v. Nelson (Ariz. Ct. App. 2019).
“” ¶6 Second, we note that the trial court on remand also failed to order that Appellant pay the $20 probation assessment, as provided for in A.R.S. § 12-114.01. In Appellant’s first appeal, the trial court failed to orally impose that assessment at sentencing, and the State…”
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