The adult probation officer shall:
1. Make and file a complete record of persons placed under suspended sentence by the court, and of all reports made to the officer in writing or in person, in accordance with the conditions imposed by the court.
2. Exercise general supervision and observation over persons under suspended sentence and supervision pursuant to section 13-3994, subject to control and direction by the court.
3. Serve warrants, make arrests and bring persons before the court who are under suspended sentences. The officer has the authority of a peace officer in the performance of the officer's duties.
4. Investigate cases referred to the officer for investigation by the court in which the officer is serving and report to the court. In an investigation for a presentence report, the adult probation officer shall promptly inquire into the circumstances of the offense, the convicted person's history of delinquency or criminality, social history, employment history, family situation, economic status, including the ability to contribute to reimbursement for the costs of the person's legal defense pursuant to section 11-584, education and personal habits. The presentence report shall contain a recommendation by the officer regarding contribution by the convicted person toward the costs of legal defense pursuant to section 11-584. The officer shall also promptly inquire into the physical, emotional and financial impact of the offense on the victim and the emotional and financial impact of the offense on the immediate family of the victim and shall notify the victim or the immediate family of the victim of the right to appear personally or by counsel at any aggravation or mitigation proceeding.
5. Secure and keep a complete identification record of every person released under a suspended sentence and a written statement of the conditions of the suspension.
6. Obtain and assemble information concerning the conduct of persons placed under suspended sentence and report the information to the court.
7. Bring defaulting probationers into court when in the probation officer's judgment the conduct of the probationer justifies the court to revoke suspension of the sentence.
8. Monitor the payment of restitution.
Notes of Decisions
Cited in
15
cases (
2 in the last 5 years), 1974–2026 · leading case:
DeSilva v. Baker, 96 P.3d 1084 (Ariz. Ct. App. 2004).
DeSilva v. Baker, 96 P.3d 1084 (Ariz. Ct. App. 2004).
· cites it 4× “; [ojbtain and assemble information concerning the conduct of persons placed under suspended sentence and report the information to the court; and [bjring defaulting probationers into court when in his judgment the conduct of the probationer justifies revocation.”
State v. Watton, 793 P.2d 80 (Ariz. 1990).
· cites it 2× “See A.R.S. § 12-253(4). The court must, with limited exceptions, require a presentence report in all cases in which it has discretion over the penalty imposed.”
State v. Dixon, 162 P.3d 657 (Ariz. Ct. App. 2007).
· cites it 2× “See A.R.S. §§ 12-253(4) (probation officer shall inquire into financial impact on victim and victim’s immediate family); 13-603(C) (sentencing court shall require convicted person to pay restitution); 13-804(G) (if evidence is insufficient to determine amount of restitution or…”
State v. Contreras, 885 P.2d 138 (Ariz. Ct. App. 1994).
· cites it 2× “This notice did not, however, substitute for the probation officer's independent duty to contact the victim to determine the financial consequences of the crime as part of the presentence investigation. Certainly this letter, in its precatory wording, was not sufficient to serve…”
State v. Lukezic, 691 P.2d 1088 (Ariz. 1984).
· cites it 2× “Information contained in the report comes from various sources, such as Department of Public Safety Records, Arizona Criminal Intelligence Agency records, and records or statements made by any interested party.”
State v. Lyons, 804 P.2d 744 (Ariz. 1990).
· cites it 4× “A.R.S. § 12-253(2) provides that these officers are " subject to control and direction by the court.”
McCleaf v. State, 945 P.2d 1298 (Ariz. Ct. App. 1997).
· cites it 4× “A.R.S. § 12-253(6). They are also called upon to bring offending probationers before the court.”
Mitchell v. Super. Ct. in & for Pima Cty., 690 P.2d 51 (Ariz. 1984).
“A.R.S. 12-253(4). Information contained in the report comes from various sources, such as Department of Public Safety records, Arizona Criminal Intelligence Agency records, and records or statements made by any interested party.”
Hamblin v. State, 143 P.3d 388 (Ariz. Ct. App. 2006).
· cites it 5× “Our legislature outlined the powers and duties of probation officers in A.R.S. § 12-253 (2005). Section 12-253(7) states that a probation officer has the power and duty to [b]ring defaulting probationers into court when in his judgment the conduct of the probationer justifies…”
State v. Dixon, 521 P.2d 148 (Ariz. Ct. App. 1974).
· cites it 2× “To assist the trial judge in the sentencing function, the legislature has provided an adult probation officer whose duties include making presentence reports for the sentencing process.”
Acevedo v. Pima Cnty. Adult Prob. Dep't, 690 P.2d 79 (Ariz. Ct. App. 1983).
“Additionally, § 12-253(2) provides that the adult probation officer shall “Exercise general supervision and observation over persons under suspended sentence, subject to control and direction by the court.”
State v. Figueroa (Ariz. Ct. App. 2020).
· cites it 2× “See A.R.S. § 12-253(4) (2020). ¶23 At resentencing, the superior court stated it had "reviewed the file extensively including the sentencing memorandum provided originally by the State.”
— Ariz. Rev. Stat. § 12-253(2) — 3 cases
State v. Lyons, 804 P.2d 744 (Ariz. 1990).
“A.R.S. § 12-253(2) provides that these officers are " subject to control and direction by the court.”
DeSilva v. Baker, 96 P.3d 1084 (Ariz. Ct. App. 2004).
“; [ojbtain and assemble information concerning the conduct of persons placed under suspended sentence and report the information to the court; and [bjring defaulting probationers into court when in his judgment the conduct of the probationer justifies revocation.”
Acevedo v. Pima Cnty. Adult Prob. Dep't, 690 P.2d 79 (Ariz. Ct. App. 1983).
“Additionally, § 12-253(2) provides that the adult probation officer shall “Exercise general supervision and observation over persons under suspended sentence, subject to control and direction by the court.”
— Ariz. Rev. Stat. § 12-253(3) — 1 case
DeSilva v. Baker, 96 P.3d 1084 (Ariz. Ct. App. 2004).
“; [ojbtain and assemble information concerning the conduct of persons placed under suspended sentence and report the information to the court; and [bjring defaulting probationers into court when in his judgment the conduct of the probationer justifies revocation.”
— Ariz. Rev. Stat. § 12-253(4) — 6 cases
State v. Watton, 793 P.2d 80 (Ariz. 1990).
“See A.R.S. § 12-253(4). The court must, with limited exceptions, require a presentence report in all cases in which it has discretion over the penalty imposed.”
State v. Dixon, 162 P.3d 657 (Ariz. Ct. App. 2007).
“See A.R.S. §§ 12-253(4) (probation officer shall inquire into financial impact on victim and victim’s immediate family); 13-603(C) (sentencing court shall require convicted person to pay restitution); 13-804(G) (if evidence is insufficient to determine amount of restitution or…”
State v. Lukezic, 691 P.2d 1088 (Ariz. 1984).
“Information contained in the report comes from various sources, such as Department of Public Safety Records, Arizona Criminal Intelligence Agency records, and records or statements made by any interested party.”
Mitchell v. Super. Ct. in & for Pima Cty., 690 P.2d 51 (Ariz. 1984).
“A.R.S. 12-253(4). Information contained in the report comes from various sources, such as Department of Public Safety records, Arizona Criminal Intelligence Agency records, and records or statements made by any interested party.”
State v. Figueroa (Ariz. Ct. App. 2020).
“See A.R.S. § 12-253(4) (2020). ¶23 At resentencing, the superior court stated it had "reviewed the file extensively including the sentencing memorandum provided originally by the State.”
— Ariz. Rev. Stat. § 12-253(6) — 1 case
McCleaf v. State, 945 P.2d 1298 (Ariz. Ct. App. 1997).
“A.R.S. § 12-253(6). They are also called upon to bring offending probationers before the court.”
— Ariz. Rev. Stat. § 12-253(7) — 2 cases
McCleaf v. State, 945 P.2d 1298 (Ariz. Ct. App. 1997).
“A.R.S. § 12-253(6). They are also called upon to bring offending probationers before the court.”
Hamblin v. State, 143 P.3d 388 (Ariz. Ct. App. 2006).
“Our legislature outlined the powers and duties of probation officers in A.R.S. § 12-253 (2005). Section 12-253(7) states that a probation officer has the power and duty to [b]ring defaulting probationers into court when in his judgment the conduct of the probationer justifies…”
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