ARS 13-901 Probation: Eligibility, Supervision Levels, and Violations

Arizona probation lets a court suspend a prison sentence and keep an eligible offender in the community under court-imposed conditions. Sentences run from one year for a class 3 misdemeanor up to seven years for a class 2 felony, with DUI cases going longer. The court chooses one of three tracks — intensive supervision, standard supervised probation, or unsupervised probation — based on the offense, the person’s history, and the risk they present.

Who Qualifies for Probation

A person convicted of an offense may be placed on probation if the court suspends the sentence. The judge weighs the severity of the crime, the defendant’s prior record, and whether the person is likely to benefit from supervision and treatment rather than incarceration.1Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-901 – Probation First-time offenders and people convicted of nonviolent crimes have a far stronger chance of being placed on probation than repeat or violent offenders. Willingness to work, participate in treatment, and comply with supervision all weigh in favor.

Some offenses rule probation out entirely. Anyone sentenced as a “dangerous offender” for a crime involving the use or threatening exhibition of a deadly weapon or dangerous instrument is not eligible for probation, pardon, or early release until the full sentence is served.2Arizona Legislature. Arizona Code 13-704 – Dangerous Offenders Sentencing Repeat violent felony offenders face similar bars. Where a statute specifically prohibits probation for a given offense, the court has no discretion to grant it.

How Long Arizona Probation Lasts

The maximum probation term depends on the offense class. These are ceilings, and the court can discharge someone earlier if the record warrants it.3Arizona Legislature. Arizona Code 13-902 – Periods of Probation Monitoring Fees

  • Class 2 felony: up to 7 years
  • Class 3 felony: up to 5 years
  • Class 4 felony: up to 4 years
  • Class 5 or 6 felony: up to 3 years
  • Class 1 misdemeanor: up to 3 years
  • Class 2 misdemeanor: up to 2 years
  • Class 3 misdemeanor: up to 1 year

DUI cases run longer than other offenses in the same class. A standard or extreme DUI conviction under ARS 28-1381 or 28-1382 can carry up to five years of probation. An aggravated DUI under ARS 28-1383, typically a felony, can carry up to ten years.3Arizona Legislature. Arizona Code 13-902 – Periods of Probation Monitoring Fees

The Three Probation Tracks

The court chooses from three supervision levels, plus a specialized lifetime track for certain sex offenses.

Intensive Probation Supervision

Intensive probation supervision (IPS) is the most restrictive option. It targets people who would otherwise go to prison but whom the court believes can be managed in the community. The conditions are heavy: full-time work or school, at least 40 hours of community service every 30 days (reducible to 20 for good cause), drug and alcohol testing, and confinement to an approved residence except when working, attending school, or doing community service. IPS carries a higher minimum monthly fee of $75 and involves frequent in-person contact with the probation team, with multiple home visits each week at the top supervision level.4New York Codes, Rules and Regulations. Adult Intensive Probation

Supervised Probation

Supervised probation is the standard track. The person reports to a probation officer on a regular schedule and must comply with court-ordered conditions such as drug testing, counseling, employment, and educational programs. Contact is less frequent than under IPS but still involves meaningful oversight.

Unsupervised Probation

Unsupervised probation is reserved for low-risk cases. There is no regular reporting to an officer, but the person remains bound by every condition the court sets, including fines and restitution. Violating those conditions can prompt the court to upgrade supervision or revoke probation outright.1Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-901 – Probation

Lifetime Probation

For certain classes of sex offenses, Arizona allows lifetime probation. The person remains under court supervision indefinitely, with periodic reviews, continuing treatment requirements, and specific behavioral restrictions, and the court can modify conditions or impose jail for violations at any point.5National Institute of Justice. Lifetime Probation in Arizona

Conditions, Fees, and Restitution

Every probation sentence carries a baseline set of obligations, with additional conditions tailored to the case.

The court must assess a monthly probation fee of at least $65 for adults placed on probation in superior court, or at least $75 for IPS. If the person cannot afford the full fee, the court can set a lower amount after finding financial inability. The fee is not subject to any surcharge. In justice courts and municipal courts, the fee applies only to supervised probation.1Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-901 – Probation

When a crime causes economic loss, the court must order restitution covering the full loss as a condition of probation. Arizona treats restitution as a criminal penalty, which means it cannot be discharged in federal bankruptcy.6Arizona Legislature. Arizona Code 13-603 – Authorized Disposition of Offenders

Other common conditions include drug and alcohol testing, treatment or counseling, maintaining employment, observing a curfew, and avoiding contact with victims or co-defendants. Every probationer must also waive extradition. If the person leaves the state and a revocation warrant issues, they have already agreed to be returned to Arizona without contesting the transfer.1Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-901 – Probation

Mandatory Probation for Simple Drug Possession

Arizona voters passed Proposition 200 in 1996, creating a separate track for people convicted of personal possession or use of controlled substances or drug paraphernalia. Under ARS 13-901.01, these offenders must receive probation rather than prison. The court has no discretion to incarcerate someone for a first or second simple possession offense.7Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-901.01 – Probation for Persons Convicted of Possession or Use of Controlled Substances or Drug Paraphernalia

Probation under this provision requires participation in a drug treatment or education program, paid for by the person to the extent they can afford it. If the person violates probation, the court responds with intensified treatment, community service, intensive probation, or home arrest rather than jail, unless the violation involved a violent offense or the person refused to participate in treatment altogether.

The protection has firm limits. It does not cover possession for sale, manufacturing, or transportation. Anyone convicted of or indicted for a violent crime is excluded. And a person who flat-out refuses treatment after a reasonable opportunity can be revoked and sentenced under the standard criminal code.7Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-901.01 – Probation for Persons Convicted of Possession or Use of Controlled Substances or Drug Paraphernalia

What Happens if You Violate Probation

A probation officer who learns of a violation can rearrest the person without a warrant and bring them before the court. The court can also issue an arrest warrant on its own. Violations range from missed appointments and failed drug tests to new criminal charges.1Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-901 – Probation

Once a violation is alleged, Arizona’s Rules of Criminal Procedure set out a three-stage process. The court holds a revocation arraignment within seven days of service of the summons or the probationer’s initial appearance, where the person admits or denies each alleged violation. If the person denies the allegations, a violation hearing follows between 7 and 20 days later. The state must prove the violation by a preponderance of the evidence, a lower bar than the beyond-a-reasonable-doubt standard at trial. Reliable hearsay may be considered, and both sides may present evidence and cross-examine witnesses.8New York Codes, Rules and Regulations. Rule 27.8 Probation Revocation

If the court finds a violation, a disposition hearing follows within 7 to 20 days. The court can revoke probation and impose the original prison sentence, modify conditions, or continue probation unchanged. When the violation is itself a new criminal conviction, the court can skip the violation hearing and go straight to disposition.

Revocation can be costly. The court sentences the person as if probation had never been granted, and when someone was serving multiple probation terms at once, the court can order the resulting prison sentences to run consecutively rather than concurrently.1Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-901 – Probation Someone on concurrent probation for three cases can end up with stacked prison sentences.

Modifying Probation or Ending It Early

The court can adjust probation conditions at any point during the term, loosening them where someone is doing well or tightening them where circumstances change.

Early termination is available on the court’s own motion or on request from the probationer. The standard is whether “the ends of justice will be served” and whether the person’s conduct warrants early discharge. The prosecutor must be given notice and a chance to be heard, and a victim who has requested notification can attend and speak.1Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-901 – Probation Courts look for sustained compliance: restitution paid in full, treatment completed, clean testing, no new issues. Filing in the first few months of a multi-year sentence is almost always premature.

Victims who have provided contact information and requested notice are entitled to be informed about revocation proceedings, proposed modifications affecting restitution or incarceration status, violation petitions, and any conduct that raises a substantial safety concern. They also have the right to be heard at any hearing on modification of probation terms.9Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-4415 – Notice of Probation Modification Termination or Revocation Disposition Matters Notice of Arrest

Moving to Another State While on Probation

A probationer cannot simply relocate. Arizona participates in the Interstate Compact for Adult Offender Supervision, which governs transfers of probation between states.10Arizona Legislature. Arizona Code 31-467 – Adoption of Interstate Compact for the Supervision of Adult Offenders A transfer request must be submitted and approved before the move, and the receiving state applies its own acceptance criteria.

The application fee for an outgoing transfer from Arizona runs between $150 and $400. The person typically pays a monthly supervision fee in the receiving state once transferred, with reductions available based on ability to pay.11Interstate Commission for Adult Offender Supervision. Fees Moving without approval is itself a violation and grounds for revocation. Even with approval, the paperwork takes time, so anyone considering a move should raise it with their probation officer well in advance.

Civil Rights After Probation Ends

A felony conviction in Arizona strips several civil rights: voting, holding public office, serving on a jury, and possessing a firearm. Restoration depends on how many prior felony convictions the person has.

At sentencing, the court must inform the defendant in writing about the path to restoration. For people eligible for automatic restoration under ARS 13-907, civil rights come back on completion of probation or absolute discharge from imprisonment, and the sentencing order must spell out which rights are automatically restored. For those not eligible for automatic restoration, the court must explain when the person can apply. That application is discretionary; victims have the right to be present and heard, and a denial must be explained in writing. When rights are restored, the clerk notifies the Department of Public Safety to update the criminal history record.12Arizona Legislature. Arizona Code 13-906 – Restoration of Civil Rights Process

Firearm rights sit on a separate track. Federal law independently prohibits anyone convicted of a felony from possessing firearms or ammunition, and a state-level restoration does not automatically override that federal bar. Anyone in that position should get legal advice before assuming they can lawfully possess a firearm.