ARS 13-901 Probation: Supervision Tracks, Fees, and Violations

Under Arizona Revised Statutes § 13-901, a court can suspend a sentence and place an eligible offender on probation instead of sending them to prison. The statute authorizes three supervision tracks — unsupervised, supervised, and intensive — sets a mandatory monthly fee of at least $65, requires restitution when a victim suffered economic loss, and gives the court power to revoke probation and impose the original prison term if the person violates the conditions. Probation terms run from one year for a class 3 misdemeanor up to seven years for a class 2 felony, with longer periods for DUI offenses.

Who Qualifies for Probation Under ARS 13-901

The court decides whether to grant probation based on the offense, the person’s criminal history, and whether the judge believes rehabilitation is realistic outside prison.¹ First-time offenders and people convicted of nonviolent crimes have the strongest chance. Judges also weigh willingness to accept treatment, maintain employment, and comply with supervision.

Some offenses take probation off the table entirely. A person 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.² Repeat violent felony offenders face similar restrictions. Where a statute specifically bars probation for a given offense, the court cannot override that.

Maximum Probation Terms by Offense Class

ARS 13-902 caps how long the court can keep someone on probation. These are ceilings, not fixed terms, and the court can end probation earlier.³

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 carries longer periods. 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.³

The Three Supervision Tracks

Section 13-901 gives the court three options depending on the person’s risk level and the rehabilitative goals of the sentence.¹

Intensive Probation Supervision

Intensive probation supervision (IPS) is the strictest track. It targets people who would otherwise be prison-bound but whom the court believes can be managed in the community. Requirements include maintaining full-time employment or school enrollment, performing at least 40 hours of community service every 30 days (reducible to 20 for good cause), submitting to drug and alcohol testing, and remaining at an approved residence except when at work, school, or completing service hours. The monthly fee is at least $75, higher than the standard $65. Supervision is hands-on, with frequent home and in-person contacts that step down over time as the person demonstrates compliance.⁴

Supervised Probation

Supervised probation is the standard track. The person reports to a probation officer, submits to whatever testing and treatment the court ordered, and has to keep up with employment, counseling, or educational requirements. Contact is less frequent than under IPS but still meaningful.

Unsupervised Probation

Unsupervised probation is for low-risk offenders. There is no routine reporting to a probation officer, but the court-ordered conditions still apply: fines, restitution, and any behavioral restrictions the judge imposed. Breaking those conditions can push the person back into supervised status or trigger revocation.¹

Lifetime Probation for Certain Sex Offenses

Arizona enacted lifetime probation in 1988 for certain classes of sex offenses. The person stays under court supervision indefinitely, with periodic reviews, ongoing treatment, and specific behavioral restrictions. The court can modify conditions or impose jail time for violations at any point during the person’s life.⁵

Fees, Restitution, and Standard Conditions

Every ARS 13-901 sentence carries a baseline set of financial and behavioral obligations.

The Monthly Fee

Superior court probation carries a monthly fee of at least $65, with IPS starting at $75. If the person cannot afford the fee, the court can set a lower amount after finding financial inability. The fee is not subject to any surcharge.¹ In justice and municipal courts, the fee is assessed only for supervised probation.⁶

Restitution

If the crime caused economic loss to a victim, the court must order restitution as a condition of probation. It covers the full economic loss as the court determines it, and payments run through the clerk to the victim. Arizona treats restitution as a criminal penalty, so it cannot be discharged in federal bankruptcy.⁷

Other Common Conditions

Courts commonly add drug and alcohol testing, treatment or counseling, employment requirements, curfews, and no-contact orders covering victims or co-defendants. Every probationer also has to waive extradition. If you leave Arizona and a revocation warrant is issued, you have already agreed to be returned without fighting the transfer.¹

Mandatory Probation for Simple Drug Possession

Proposition 200, passed by Arizona voters in 1996, created a parallel track for personal possession or use of controlled substances or drug paraphernalia. Under ARS 13-901.01, the court must place these offenders on probation instead of sentencing them to prison for a first or second offense. Treatment or drug education from a qualified provider is a required condition, and the person pays for it to the extent they can.⁸

If someone on this track violates, the court’s response is usually more treatment, community service, IPS, or home arrest rather than jail. That changes when the violation involves a violent offense or the person outright refuses treatment. This mandatory-probation provision does not cover possession for sale, manufacturing, or transportation of drugs, and it does not apply to anyone convicted of or indicted for a violent crime.⁸

What Happens If You Violate Probation

A probation officer who learns of a violation can rearrest the person without a warrant at any point during the term. The court can also issue a warrant on its own. Violations range from missed appointments and failed drug tests to new criminal charges.¹

The Three-Stage Revocation Process

Rule 27.8 of Arizona’s Rules of Criminal Procedure lays out a three-stage process. The revocation arraignment comes first, within seven days of service of the summons or the person’s initial appearance. The court reads the alleged violations, and the probationer admits or denies each one.⁹

If the person denies the violation, a violation hearing follows in 7 to 20 days. The state has to prove the violation by a preponderance of the evidence, a lower bar than the beyond-a-reasonable-doubt standard at trial. Both sides can present evidence and cross-examine witnesses, and reliable hearsay is allowed. If the court finds a violation, disposition follows within another 7 to 20 days. Where the violation is a new criminal conviction, the court can skip the violation hearing and go straight to disposition.⁹

Consequences of Revocation

At disposition the court can revoke probation and impose the original prison sentence, modify the conditions, or continue probation unchanged. When probation is revoked, the person is sentenced as if they had never received probation in the first place. If someone was serving multiple probation terms concurrently, the court can order the resulting prison sentences to run consecutively.¹ That is where things get expensive fast: three concurrent probations can turn into three stacked prison terms.

Modifying Conditions and Ending Probation Early

The court can adjust conditions during the probation term in either direction, tightening them if the person is struggling or relaxing them if things are going well. Early termination is also available. The court can end probation on its own initiative or on the probationer’s request if “the ends of justice will be served” and the person’s conduct warrants discharge. The prosecutor must get notice and a chance to be heard, and victims who requested notification have the right to attend and speak.¹

The strongest early-termination cases involve people who have paid restitution in full, finished every required program, kept clean drug tests, and stayed out of trouble for a sustained stretch. Applying a few months into a multi-year sentence is almost always premature.

Victims who registered for notification are entitled to be informed of revocation proceedings, proposed modifications affecting restitution or incarceration status, violation petitions, and any conduct raising a substantial safety concern. They also have the right to be heard at hearings on any modification.¹⁰

Moving Out of State While on Probation

You cannot just move. Arizona is part of the Interstate Compact for Adult Offender Supervision, and a transfer request has to be submitted and approved before you relocate.¹¹ The receiving state sets its own acceptance criteria. An outgoing transfer fee from Arizona runs $150 to $400, with a monthly supervision fee typically paid in the receiving state; Arizona’s standard $65 monthly fee applies to cases supervised under its own jurisdiction and can be reduced for financial inability.¹²

Moving without approval is treated as a violation and can result in revocation. Even with approval, the paperwork takes time, so raise a planned move with your probation officer well in advance.

Civil Rights After Probation Ends

A felony conviction in Arizona costs the person the right to vote, hold public office, serve on a jury, and possess a firearm. 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 are restored when probation is completed or when the person is absolutely discharged from imprisonment. The sentencing order has to spell out which rights come back automatically.¹³

For people who do not qualify for automatic restoration, the court must explain when they can apply. Restoration is discretionary. Victims can attend and speak. If the court denies the application, it must give written reasons. When rights are restored, the clerk notifies the Department of Public Safety, which updates the criminal history record.¹³

Firearms are a separate matter. Even after Arizona restores a person’s civil rights, federal law independently prohibits anyone convicted of a felony from possessing firearms or ammunition. State restoration does not automatically override that federal bar, so get legal advice before assuming you can lawfully possess a firearm after probation ends.

1
Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-901 – Probation
2
Arizona Legislature. Arizona Code 13-704 – Dangerous Offenders Sentencing
3
Arizona Legislature. Arizona Code 13-902 – Periods of Probation Monitoring Fees
4
New York Codes, Rules and Regulations. Adult Intensive Probation
5
National Institute of Justice. Lifetime Probation in Arizona
6
Arizona Judicial Branch. Program Fund Descriptions – Section: Probation Fees Account
7
Arizona Legislature. Arizona Code 13-603 – Authorized Disposition of Offenders
8
Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-901.01 – Probation for Persons Convicted of Possession or Use of Controlled Substances or Drug Paraphernalia
9
New York Codes, Rules and Regulations. Rule 27.8 Probation Revocation
10
Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-4415 – Notice of Probation Modification Termination or Revocation Disposition Matters Notice of Arrest
11
Arizona Legislature. Arizona Code 31-467 – Adoption of Interstate Compact for the Supervision of Adult Offenders
12
Interstate Commission for Adult Offender Supervision. Fees
13
Arizona Legislature. Arizona Code 13-906 – Restoration of Civil Rights Process