13-3967. Release on bailable offenses before trial; definition
A. At his appearance before a judicial officer, any person who is charged with a public offense that is bailable as a matter of right shall be ordered released pending trial on his own recognizance or on the execution of bail in an amount specified by the judicial officer.
B. In determining the method of release or the amount of bail, the judicial officer, on the basis of available information, shall take into account all of the following:
1. The views of the victim.
2. The nature and circumstances of the offense charged.
3. Whether the accused has a prior arrest or conviction for a serious offense or violent or aggravated felony as defined in section 13-706 or an offense in another state that would be a serious offense or violent or aggravated felony as defined in section 13-706 if committed in this state.
4. Evidence that the accused poses a danger to others in the community.
5. The results of a risk or lethality assessment in a domestic violence charge that is presented to the court.
6. The weight of evidence against the accused.
7. The accused's family ties, employment, financial resources, character and mental condition.
8. The results of any drug test submitted to the court.
9. Whether the accused is using any substance if its possession or use is illegal pursuant to chapter 34 of this title.
10. Whether the accused violated section 13-3407, subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine or section 13-3407.01.
11. The length of residence in the community.
12. The accused's record of arrests and convictions.
13. The accused's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.
14. Whether the accused has entered or remained in the United States illegally.
15. Whether the accused's residence is in this state, in another state or outside the United States.
C. If a judicial officer orders the release of a defendant who is charged with a felony either on his own recognizance or on bail, the judicial officer shall condition the defendant's release on the defendant's good behavior while so released. On a showing of probable cause that the defendant committed any offense during the period of release, a judicial officer may revoke the defendant's release pursuant to section 13-3968.
D. After providing notice to the victim pursuant to section 13-4406, a judicial officer may impose any of the following conditions on a person who is released on his own recognizance or on bail:
1. Place the person in the custody of a designated person or organization agreeing to supervise him.
2. Place restrictions on the person's travel, associates or place of abode during the period of release.
3. Require the deposit with the clerk of the court of cash or other security, such deposit to be returned on the performance of the conditions of release.
4. Prohibit the person from possessing any deadly weapon or engaging in certain described activities or indulging in intoxicating liquors or certain drugs.
5. Require the person to report regularly to and remain under the supervision of an officer of the court.
6. Impose any other conditions deemed reasonably necessary to assure appearance as required including a condition requiring that the person return to custody after specified hours.
E. In addition to any of the conditions a judicial officer may impose pursuant to subsection D of this section, the judicial officer shall impose both of the following conditions on a person who is charged with a felony violation of chapter 14 or 35.1 of this title or section 13-3212 and who is released on his own recognizance or on bail:
1. Electronic monitoring where available.
2. A condition prohibiting the person from having any contact with the victim.
F. The judicial officer who authorizes the release of the person charged on his own recognizance or on bail shall do all of the following:
1. Issue an appropriate order containing statements of the conditions imposed.
2. Inform the person of the penalties that apply to any violation of the conditions of release.
3. Advise the person that a warrant for his arrest may be issued immediately on any violation of the conditions of release, including the failure to submit to deoxyribonucleic acid testing ordered pursuant to paragraph 4 of this subsection.
4. If the person is charged with a felony or misdemeanor offense listed in section 13-610, subsection O, paragraph 3 and is summoned to appear, order the person to report within five days to the law enforcement agency that arrested the person or to the agency's designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction. If a person does not comply with an order issued pursuant to this paragraph, the court shall revoke the person's release.
G. At any time after providing notice to the victim pursuant to section 13-4406, the judicial officer who orders the release of a person on any condition specified in this section or the court in which a prosecution is pending may amend the order to employ additional or different conditions of release, including either an increase or reduction in the amount of bail. On application, the defendant shall be entitled to have the conditions of release reviewed by the judicial officer who imposed them or by the court in which the prosecution is pending. Reasonable notice of the application shall be given to the county attorney and the victim.
H. Any information that is stated or offered in connection with any order pursuant to this section need not conform to the rules pertaining to admissibility of evidence in a court of law.
I. This section does not prevent the disposition of any case or class of cases by forfeiture of bail or collateral security if such disposition is authorized by the court.
J. A judicial officer who orders the release of a juvenile who is enrolled in a school and who has been transferred to the criminal division of the superior court pursuant to section 8-327 or who has been charged as an adult pursuant to section 13-501 shall notify the appropriate school on the release of the juvenile from custody.
K. For the purposes of this section and section 13-3968, "judicial officer" means any person or court authorized pursuant to the constitution or laws of this state to bail or otherwise release a person before trial or sentencing or pending appeal.
Notes of Decisions
Cited in
18
cases (
2 in the last 5 years), 1983–2026 · leading case:
Fragoso v. Fell, 111 P.3d 1027 (Ariz. Ct. App. 2005).
Fragoso v. Fell, 111 P.3d 1027 (Ariz. Ct. App. 2005).
· cites it 44× “II, § 22; a criminal statute, A.R.S. § 13-3967; *1030 and a rule of criminal procedure, Rule 7, Ariz.”
Hiskett v. Hon. lambert/state, 451 P.3d 408 (Ariz. Ct. App. 2019).
· cites it 29× “Subsection (E) of A.R.S. § 13-3967 provides that, in addition to other conditions of release, the judicial officer shall impose .”
Haag v. Steinle, 255 P.3d 1016 (Ariz. Ct. App. 2011).
· cites it 14× “The amendment occurred, in part, to ensure appearance of the accused and to protect victims and the community. S. 1202, 45th Leg.”
Angel Lopez-Valenzuela v. Cnty. of Maricopa, 770 F.3d 772 (9th Cir. 2014).
· cites it 6× “, Ariz. Rev. Stat. Ann. § 13-3967 (D). Proposition 100 completely ignores these tools for managing flight risk, instead mandating incarceration in every case.”
Simpson v. Miller, 377 P.3d 1003 (Ariz. Ct. App. 2016).
· cites it 10× “A.R.S. § 13-3967(B). For example, one factor that bears on dangerousness at a bond hearing is the nature and circumstances of the offense.”
Angel Lopez-Valenzuela v. Cnty. of Maricopa, 719 F.3d 1054 (9th Cir. 2013).
· cites it 6× “27, 2006 version); Ariz. Rev. Stat. § 13-3967 (B). These procedures already required judges to consider the arrestee’s immigration status when making bail determinations.”
State v. Donahoe Ex Rel. Maricopa Cty., 203 P.3d 1186 (Ariz. Ct. App. 2009).
· cites it 10× “We further conclude that the Arizona Constitution, A.R.S. § 13-3967, and Rule 7.3(b) are sufficiently broad to allow the superior court to inquire into the source of defendant’s bond funds.”
Mendez v. Robertson, 42 P.3d 14 (Ariz. Ct. App. 2002).
· cites it 3× “¶ 9 Section 13-3967(B), A.R.S., provides that a person charged with a bailable offense has a right, after appearing before a judicial officer, to be released pending trial either on *131 his or her own recognizance or upon execution of bail as set by that officer.”
Costa v. MacKey, 261 P.3d 449 (Ariz. Ct. App. 2011).
· cites it 2× “4 Several factors support imposition of a substantial bond in this case: Costa is accused of committing despicable acts against his young children, one child said she witnessed sexual abuse of her sibling, and Costa will face lengthy prison sentences if convicted.”
In Re the Appeal in Maricopa Cnty., Juv. Action No. J-96215, 659 P.2d 1330 (Ariz. Ct. App. 1983).
· cites it 5× “These factors are codified at A.R.S. § 13-3967(C). Precluding review by anyone other than a superior court judge compels the magistrate to conclude that execution of a secured bond in the amount set by the juvenile court judge is necessary to assure the juvenile’s appearance.”
James Morreno v. Hon. brickner/state/montgomery, 416 P.3d 807 (Ariz. 2018).
· cites it 6× “§ 13-3961(D), and not before considering various factors such as those set forth in A.R.S. § 13-3967(B). The State, in contrast, argues that the On-Release provision is constitutional under Simpson II because it is "not offense-based," but is instead "status-based" and narrowly…”
Renee Antonio Fragoso v. State (Ariz. Ct. App. 2005).
· cites it 21× “II, § 22; a criminal statute, A.R.S. § 13-3967; and a rule of criminal procedure, Rule 7, Ariz.”
— Ariz. Rev. Stat. § 13-3967(B) — 9 cases
Hiskett v. Hon. lambert/state, 451 P.3d 408 (Ariz. Ct. App. 2019).
“Subsection (E) of A.R.S. § 13-3967 provides that, in addition to other conditions of release, the judicial officer shall impose .”
Angel Lopez-Valenzuela v. Cnty. of Maricopa, 770 F.3d 772 (9th Cir. 2014).
“, Ariz. Rev. Stat. Ann. § 13-3967 (D). Proposition 100 completely ignores these tools for managing flight risk, instead mandating incarceration in every case.”
Costa v. MacKey, 261 P.3d 449 (Ariz. Ct. App. 2011).
“4 Several factors support imposition of a substantial bond in this case: Costa is accused of committing despicable acts against his young children, one child said she witnessed sexual abuse of her sibling, and Costa will face lengthy prison sentences if convicted.”
Angel Lopez-Valenzuela v. Cnty. of Maricopa, 719 F.3d 1054 (9th Cir. 2013).
“27, 2006 version); Ariz. Rev. Stat. § 13-3967 (B). These procedures already required judges to consider the arrestee’s immigration status when making bail determinations.”
Simpson v. Miller, 377 P.3d 1003 (Ariz. Ct. App. 2016).
“A.R.S. § 13-3967(B). For example, one factor that bears on dangerousness at a bond hearing is the nature and circumstances of the offense.”
— Ariz. Rev. Stat. § 13-3967(B)(12) — 1 case
Haag v. Steinle, 255 P.3d 1016 (Ariz. Ct. App. 2011).
“The amendment occurred, in part, to ensure appearance of the accused and to protect victims and the community. S. 1202, 45th Leg.”
— Ariz. Rev. Stat. § 13-3967(B)(2) — 1 case
Simpson v. Miller, 377 P.3d 1003 (Ariz. Ct. App. 2016).
“A.R.S. § 13-3967(B). For example, one factor that bears on dangerousness at a bond hearing is the nature and circumstances of the offense.”
— Ariz. Rev. Stat. § 13-3967(B)(3) — 1 case
Simpson v. Miller, 377 P.3d 1003 (Ariz. Ct. App. 2016).
“A.R.S. § 13-3967(B). For example, one factor that bears on dangerousness at a bond hearing is the nature and circumstances of the offense.”
— Ariz. Rev. Stat. § 13-3967(B)(4) — 1 case
Angel Lopez-Valenzuela v. Cnty. of Maricopa, 770 F.3d 772 (9th Cir. 2014).
“, Ariz. Rev. Stat. Ann. § 13-3967 (D). Proposition 100 completely ignores these tools for managing flight risk, instead mandating incarceration in every case.”
— Ariz. Rev. Stat. § 13-3967(B)(6) — 1 case
Simpson v. Miller, 377 P.3d 1003 (Ariz. Ct. App. 2016).
“A.R.S. § 13-3967(B). For example, one factor that bears on dangerousness at a bond hearing is the nature and circumstances of the offense.”
— Ariz. Rev. Stat. § 13-3967(C) — 4 cases
Mendez v. Robertson, 42 P.3d 14 (Ariz. Ct. App. 2002).
“¶ 9 Section 13-3967(B), A.R.S., provides that a person charged with a bailable offense has a right, after appearing before a judicial officer, to be released pending trial either on *131 his or her own recognizance or upon execution of bail as set by that officer.”
Hiskett v. Hon. lambert/state, 451 P.3d 408 (Ariz. Ct. App. 2019).
“Subsection (E) of A.R.S. § 13-3967 provides that, in addition to other conditions of release, the judicial officer shall impose .”
In Re the Appeal in Maricopa Cnty., Juv. Action No. J-96215, 659 P.2d 1330 (Ariz. Ct. App. 1983).
“These factors are codified at A.R.S. § 13-3967(C). Precluding review by anyone other than a superior court judge compels the magistrate to conclude that execution of a secured bond in the amount set by the juvenile court judge is necessary to assure the juvenile’s appearance.”
James Morreno v. Hon. brickner/state/montgomery, 416 P.3d 807 (Ariz. 2018).
“§ 13-3961(D), and not before considering various factors such as those set forth in A.R.S. § 13-3967(B). The State, in contrast, argues that the On-Release provision is constitutional under Simpson II because it is "not offense-based," but is instead "status-based" and narrowly…”
— Ariz. Rev. Stat. § 13-3967(D) — 4 cases
Fragoso v. Fell, 111 P.3d 1027 (Ariz. Ct. App. 2005).
“II, § 22; a criminal statute, A.R.S. § 13-3967; *1030 and a rule of criminal procedure, Rule 7, Ariz.”
State v. Donahoe Ex Rel. Maricopa Cty., 203 P.3d 1186 (Ariz. Ct. App. 2009).
“We further conclude that the Arizona Constitution, A.R.S. § 13-3967, and Rule 7.3(b) are sufficiently broad to allow the superior court to inquire into the source of defendant’s bond funds.”
Angel Lopez-Valenzuela v. Cnty. of Maricopa, 719 F.3d 1054 (9th Cir. 2013).
“27, 2006 version); Ariz. Rev. Stat. § 13-3967 (B). These procedures already required judges to consider the arrestee’s immigration status when making bail determinations.”
Renee Antonio Fragoso v. State (Ariz. Ct. App. 2005).
“II, § 22; a criminal statute, A.R.S. § 13-3967; and a rule of criminal procedure, Rule 7, Ariz.”
— Ariz. Rev. Stat. § 13-3967(D)(2) — 1 case
— Ariz. Rev. Stat. § 13-3967(D)(3) — 2 cases
Fragoso v. Fell, 111 P.3d 1027 (Ariz. Ct. App. 2005).
“II, § 22; a criminal statute, A.R.S. § 13-3967; *1030 and a rule of criminal procedure, Rule 7, Ariz.”
Renee Antonio Fragoso v. State (Ariz. Ct. App. 2005).
“II, § 22; a criminal statute, A.R.S. § 13-3967; and a rule of criminal procedure, Rule 7, Ariz.”
— Ariz. Rev. Stat. § 13-3967(D)(6) — 4 cases
Fragoso v. Fell, 111 P.3d 1027 (Ariz. Ct. App. 2005).
“II, § 22; a criminal statute, A.R.S. § 13-3967; *1030 and a rule of criminal procedure, Rule 7, Ariz.”
State v. Donahoe Ex Rel. Maricopa Cty., 203 P.3d 1186 (Ariz. Ct. App. 2009).
“We further conclude that the Arizona Constitution, A.R.S. § 13-3967, and Rule 7.3(b) are sufficiently broad to allow the superior court to inquire into the source of defendant’s bond funds.”
Renee Antonio Fragoso v. State (Ariz. Ct. App. 2005).
“II, § 22; a criminal statute, A.R.S. § 13-3967; and a rule of criminal procedure, Rule 7, Ariz.”
— Ariz. Rev. Stat. § 13-3967(E) — 2 cases
Haag v. Steinle, 255 P.3d 1016 (Ariz. Ct. App. 2011).
“The amendment occurred, in part, to ensure appearance of the accused and to protect victims and the community. S. 1202, 45th Leg.”
Hiskett v. Hon. lambert/state, 451 P.3d 408 (Ariz. Ct. App. 2019).
“Subsection (E) of A.R.S. § 13-3967 provides that, in addition to other conditions of release, the judicial officer shall impose .”
— Ariz. Rev. Stat. § 13-3967(E)(1) — 2 cases
Hiskett v. Hon. lambert/state, 451 P.3d 408 (Ariz. Ct. App. 2019).
“Subsection (E) of A.R.S. § 13-3967 provides that, in addition to other conditions of release, the judicial officer shall impose .”
Haag v. Steinle, 255 P.3d 1016 (Ariz. Ct. App. 2011).
“The amendment occurred, in part, to ensure appearance of the accused and to protect victims and the community. S. 1202, 45th Leg.”
— Ariz. Rev. Stat. § 13-3967(E)(2) — 1 case
James Morreno v. Hon. brickner/state/montgomery, 416 P.3d 807 (Ariz. 2018).
“§ 13-3961(D), and not before considering various factors such as those set forth in A.R.S. § 13-3967(B). The State, in contrast, argues that the On-Release provision is constitutional under Simpson II because it is "not offense-based," but is instead "status-based" and narrowly…”
— Ariz. Rev. Stat. § 13-3967(G) — 2 cases
In Re the Appeal in Maricopa Cnty., Juv. Action No. J-96215, 659 P.2d 1330 (Ariz. Ct. App. 1983).
“These factors are codified at A.R.S. § 13-3967(C). Precluding review by anyone other than a superior court judge compels the magistrate to conclude that execution of a secured bond in the amount set by the juvenile court judge is necessary to assure the juvenile’s appearance.”
State v. Donahoe Ex Rel. Maricopa Cty., 203 P.3d 1186 (Ariz. Ct. App. 2009).
“We further conclude that the Arizona Constitution, A.R.S. § 13-3967, and Rule 7.3(b) are sufficiently broad to allow the superior court to inquire into the source of defendant’s bond funds.”
— Ariz. Rev. Stat. § 13-3967(H) — 1 case
Simpson v. Miller, 377 P.3d 1003 (Ariz. Ct. App. 2016).
“A.R.S. § 13-3967(B). For example, one factor that bears on dangerousness at a bond hearing is the nature and circumstances of the offense.”
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