Probation and Parole Violations:

Probation is a substitute for incarceration/punishment and is contingent upon good behavior. If completed successfully, the sentence is not imposed; however, a probation officer can petition the court to revoke probation if he/she believes the terms and conditions of probation are not being met. In this case, if the court ultimately decides to revoke probation, the original sentence will be imposed. Listed below is the general sequence of events for probation violation proceedings:
(17 A.R.S. Rules Crim.Proc. Rule 27.8)

Revocation Arraignment
If the probation department petitions the court to revoke probation as a result of new pending criminal allegations and/or alleged violations of probation, the probationer will be summoned to appear for a revocation arraignment before the assigned judge no more than 7 days after service of the summons, or the probationer’s initial appearance. At this time, the court will inform the probationer of the alleged violation(s) of probation and ask the probationer for an admission or denial of each allegation. If no admission is made, the court will set a violation hearing.
Rule 27.8(a)(1)(2)(3)

Violation Hearing
The violation must be established by a “preponderance of the evidence” and each party may present evidence and cross-examine witnesses who testify. If the court finds that the probationer violated his/her terms of probation, the court will make specific “findings of the facts” to establish the violation and set a disposition hearing.
Rule 27.8(b)(3)(4)

Disposition Hearing
If the court determines that a violation of probation occurred, the court may revoke, modify, or continue the probation. If the court revokes the probation, it will sentence the probationer accordingly.
Rule 27.8(c)

Parole is a conditional release from prison after an imposed sentence and is granted by the Board of Executive Clemency. The parolee is under the supervision of a parole officer and parole can be revoked if the parolee is found to be in violation of the terms of the parole order.

Parole Violation & Hearings
If the parole clerk of the Department of Corrections (DOC) or the Director of DOC, or the Board of Executive Clemency has reasonable cause to believe that a parolee has violated his parole, then a warrant may be issued for “retaking” the parolee at any time prior to the expiration of the maximum sentence.

If a parolee has been “retaken” to prison, the parolee will be given an opportunity to appear before the Board of Executive Clemency and in the event the parolee is declared “delinquent”, the parolee can be imprisoned for a period of time equal to the prisoner’s un-expired maximum term of sentence at the time the parole was granted.
A.R.S. §§ 31-415; 31-417

Parole Hearings are conducted on a monthly basis by the Arizona Board of Executive Clemency ( www.asboec.gov/) for consideration of work furloughs, rescissions, modifications, or discharges of inmates. The Board also conducts Clemency Hearings for determination of commutation, pardon, and reprieve. It is the policy of the Board to conduct hearings for all eligible applicants to determine whether a recommendation will be forwarded to the Governor for commutation of sentence. Executive Clemency is the constitutional power given to the Governor allowing the Governor the authority to grant commutations and pardons. (A.R.S. § 31-443) These actions may only be granted upon recommendation by the Arizona Board of Executive Clemency. (AZ Board of Executive Clemency Board Policy No. 100.01.A)

Certain criteria must be met before an inmate’s application for commutation will be considered, and you should contact an experienced attorney if you are considering pursuing such a proceeding. Mr. Buckallew has handled Clemency Hearings, is knowledgeable about these types of proceedings, and will represent inmates before the Arizona Board of Executive Clemency. Please contact our office for a free evaluation of your case to discuss any of the above-mentioned proceedings.