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Last Post 04 Oct 2021 02:02 PM by
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Gary Kula
ACJA 6-207 Uniform Conditions of Supervised Probation
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Dori Littler
New Member
Posts:15
07 Sep 2021 02:13 PM
For more information about this proposal, please contact: Shanda Breed or Ed Gilligan at:
[email protected]
or
[email protected]
.
Comment deadline: October 4, 2021
Attachments
Post Version _ 6-207_Uniform Conditions of Supervised Probation.doc.pdf
David Sanders
New Member
Posts:1
07 Sep 2021 03:45 PM
In the "search" condition, you changed the word "submit" to "cooperate". I would do the same with the drug and alcohol condition.
I will cooperate with drug and alcohol testing as directed by the APD.
Lance Bowen
New Member
Posts:1
10 Sep 2021 12:29 PM
Condition #1 attempts to combine two separate, yet very distinct conditions; obey all laws and comply with APD directives. Statistically, any violations under this condition could not differentiate between new criminal activity (recidivism) and a technical violation. Therefore, they should be separated.
Condition #5: Is written too vaguely; Request and obtain approval of whom? The APD? The Court? Further it should be written; otherwise there is no proof either way.
Condition #6 allows for drug and alcohol testing but does not address use. Technically, drug use could be a violation of condition #1 if arrested/convicted. Otherwise, it could not be used as a technical violation of probation.
Special Condition #10 is also very subjective. I will prioritize payment of restitution. Almost impossible to prove a violation of. How is “prioritizing” calculated?
Additional notes:
There is no condition for making court ordered payments including restitution, this is attached to the conditions as a payment schedule.
There is no reduction in conditions for probationer’s who are deported. This could be addressed in Code but for now, deported probationers could still have probation revoked for any conditions they are unable to comply with. This could create substantial confusion for supervising officers as well as the Court.
Gary Kula
New Member
Posts:4
04 Oct 2021 02:02 PM
Gary M. Kula
Maricopa County Office of the Public Defender
620 W. Jackson, Suite 4015, Phoenix, AZ 85003
(602) 506-7711
[email protected]
AZ Bar #012507
Attachments
MCPD_commentACJA6_207UCSP.pdf
MCPD_commentACJA6_207UCSP.docx
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