Rule 27.12. Probation review hearing

a. Right to Hearing. On request of a probationer who is under twenty-two years of age and who is serving a term of probation for an offense that requires registration pursuant to A.R.S. § 13-3821 and that was committed when the probationer was under eighteen years of age, the court shall conduct a probation review hearing at least once a year. The probationer shall be informed of the right to a hearing at the time a term of probation is imposed.

b. Request for Hearing. A request for a hearing shall be filed by the probationer and a copy shall be provided to the county attorney.

c. Time Limits.

1. A request for a hearing must be filed not later than thirty days prior to the probationer reaching twenty-two years of age.

2. The hearing shall be held within thirty days of the filing of the request.

d. Scope of Hearing. The court, at the hearing, shall consider the following:

(1) whether to continue, modify or terminate probation;

(2) whether to continue to require, suspend or terminate the probationer's registration pursuant to A.R.S. § 13-3821;

(3) whether to continue, defer or terminate community notification pursuant to A.R.S. § 13-3825.

e. Notification of hearing date. The court shall notify the following people of the hearing:

(1) the prosecutor, who in turn shall notify any victim or victim's attorney entitled to be present and heard pursuant to the constitution of this state, statute or court rule;

(2) the attorney for the probationer.

(3) the probation officer supervising the probationer

f. Setting of hearing date. In any case involving a victim, the court shall provide at least seven (7) calendar days notice of the hearing date to the prosecutor.

g. Probation review report. The court shall require a probation review report prior to the probation review hearing. The report shall be delivered to the judge conducting the hearing at least seven (7) calendar days prior to the date set for the hearing.

h. Pre-hearing. Prior to the probation review hearing the court may hold a pre-hearing. The persons present and the scope of the pre-hearing shall be as provided by statute.

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