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.