As amended through August 22, 2024
Rule 27.10 - Probation Review Hearing Regarding Sex Offender Registration(a)Right to Hearing. The court must conduct a probation review hearing at least once a year if requested by a probationer who is:(1) under 22 years of age; and(2) serving a term of probation for an offense that:(A) requires registration under A.R.S. § 13-3821; and(B) was committed when the probationer was under 18 years of age.(b)Notice of Right to Hearing. The court must inform a probationer of the right to a hearing under (a) when it imposes probation.(c)Request for Hearing and Timing. To obtain a hearing, the probationer must file a request with the court and provide a copy of the request to the State. A probationer must file a request for a hearing no later than 30 days before the probationer's twenty-second birthday.(d)Setting a Hearing and Providing Notice.(1)Timing. The court must hold a hearing no later than 30 days after a timely request is filed.(2)Notice.(A) Generally. The court must notify the following of the hearing date:(i) the State, which in turn must notify any victim or victim's attorney entitled to be present and heard under the Arizona Constitution, statute, or court rule;(ii) the probationer's attorney, if any; and(iii) the probation officer.(B) Notice to the State. In any case involving a victim, the court must give the State at least 7 calendar days' notice of the hearing date.(e)Prehearing Conference. The court may hold a prehearing conference. The people who may be present and the conference's scope are specified by A.R.S. § 13-923.(f)Probation Review Report. The court must require the preparation of a probation review report before a probation review hearing. The probation office must deliver the report to the judge conducting the hearing at least 7 calendar days before the scheduled hearing date.(g)Scope of Hearing. At the hearing, the court must consider and decide whether to: (1) continue, modify, or terminate probation;(2) continue to require, suspend, or terminate the probationer's registration under A.R.S. § 13-3821; and(3) continue, defer, or terminate community notification under A.R.S. § 13-3825.Formerly Rule 27.11, Added August 31, 2017, effective 1/1/2018; Renumbered Rule 27.10 and amended Dec. 8, 2022, effective 7/1/2023.