A.R.S. tit. 13 ch. 6 — Arizona Revised Statutes Title 13 Chapter 6 — Classifications Of Offenses And Authorized Dispositions Of Offenders

13-601. Classification of offenses A. Felonies are classified, for the purpose of sentence, into the following six categories: 1. Class 1 felonies. 2. Class 2 felonies. 3. Class 3 felonies. 4. Class 4 felonies. 5. Class 5 felonies. 6. Class 6 felonies. B. Misdemeanors are classified, for the purpose of sentence, into the following three categories: 1. Class 1 misdemeanors. 2. Class 2 misdemeanors. 3. Class 3 misdemeanors. C. Petty offenses are not classified. 13-602. Designation of offenses A. The particular classification of each felony defined in this title is expressly designated in the section or chapter defining it. Any offense defined outside this title which is declared by law to be a felony without either specification of the classification or of the penalty is a class 5 felony. B. The particular classification of each misdemeanor defined in this title is expressly designated in the section or chapter defining it. Any offense defined outside this title which is declared by law to be a misdemeanor without either specification of the classification or of the penalty is a class 2 misdemeanor. C. Every petty offense in this title is expressly designated as such. Any offense defined outside this title without either designation as a felony or misdemeanor or specification of the classification or the penalty is a petty offense. D. Any offense which is declared by law to be a felony, misdemeanor or petty offense without specification of the classification of such offense is punishable according to the penalty prescribed for such offense. E. Any offense defined within or outside this title without designation as a felony, misdemeanor or petty offense is punishable according to the penalty prescribed for such offense. F. Any offense defined outside this title with a specification of the classification of such offense is punishable according to the provisions of this title. G. Any petty offense, class 3 misdemeanor or class 2 misdemeanor, except a violation of title 28, is deemed a minor nontraffic offense for the limited purpose of armed forces recruitment. 13-603. Authorized disposition of offenders A. Every person convicted of any offense defined in this title or defined outside this title shall be sentenced in accordance with this chapter and chapters 7, 8 and 9 of this title unless otherwise provided by law. B. If a person is convicted of an offense, the court, if authorized by chapter 9 of this title, may suspend the imposition or execution of sentence and grant such person a period of probation except as otherwise provided by law. The sentence is tentative to the extent that it may be altered or revoked in accordance with chapter 9 of this title, but for all other purposes it is a final judgment of conviction. C. If a person is convicted of an offense, the court shall require the convicted person to make restitution to the person who is the victim of the crime or to the immediate family of the victim if the victim has died, in the full amount of the economic loss as determined by the court and in the manner as determined by the court or the court's designee pursuant to chapter 8 of this title. Restitution ordered pursuant to this subsection shall be paid to the clerk of the court for disbursement to the victim and is a criminal penalty for the purposes of a federal bankruptcy involving the person convicted of an offense. D. If the court imposes probation it may also impose a fine as authorized by chapter 8 of this title. E. If a person is convicted of an offense and not granted a period of probation, or when probation is revoked, any of the following sentences may be imposed: 1. A term of imprisonment authorized by this chapter or chapter 7 of this title. 2. A fine authorized by chapter 8 of this title. The sentence is tentative to the extent it may be modified or revoked in accordance with chapter 8 of this title, but for all other purposes it is a final judgment of conviction. If the conviction is of a class 2, 3 or 4 felony, the sentence cannot consist solely of a fine. 3. Both imprisonment and a fine. 4. Intensive probation, subject to the provisions of chapter 9 of this title. 5. Intensive probation, subject to the provisions of chapter 9 of this title, and a fine. 6. A new term of probation or intensive probation. 7. If the conviction is for a misdemeanor, in addition to any sentence authorized by law, a term of: (a) Community restitution pursuant to section 13-717, subsection A. (b) Education or treatment pursuant to section 13-717, subsection B. F. If an enterprise is convicted of any offense, a fine may be imposed as authorized by chapter 8 of this title. G. If a person or an enterprise is convicted of any felony, the court, in addition to any other sentence authorized by law, may order the forfeiture, suspension or revocation of any charter, license, permit or prior approval granted to the person or enterprise by any department or agency of the state or of any political subdivision. H. A court authorized to pass sentence on a person convicted of any offense defined within or without this title shall have a duty to determine and impose the punishment prescribed for such offense. I. If a person is convicted of a felony offense and the court sentences the person to a term of imprisonment, the court at the time of sentencing shall impose on the convicted person a term of community supervision. The term of community supervision shall be served consecutively to the actual period of imprisonment if the person signs and agrees to abide by conditions of supervision established by the state department of corrections. Except pursuant to subsection J of this section, the term of community supervision imposed by the court shall be for a period equal to one day for every seven days of the sentence or sentences imposed. J. In calculating the term of community supervision, all fractions shall be decreased to the nearest month, except for a class 5 or 6 felony which shall not be less than one month. K. Notwithstanding subsection I of this section, if the court sentences a person to serve a consecutive term of probation immediately after the person serves a term of imprisonment, the court may waive community supervision and order that the person begin serving the term of probation on the person's release from confinement. The court may retroactively waive the term of community supervision or that part remaining to be served if the community supervision was imposed before July 21, 1997. If the court waives community supervision, the term of probation imposed shall be equal to or greater than the term of community supervision that would have been imposed. If the court does not waive community supervision, the person shall begin serving the term of probation after the person serves the term of community supervision. The state department of corrections shall provide reasonable notice to the probation department of the scheduled release of the inmate from confinement by the department. L. If at the time of sentencing the court is of the opinion that a sentence that the law requires the court to impose is clearly excessive, the court may enter a special order allowing the person sentenced to petition the board of executive clemency for a commutation of sentence within ninety days after the person is committed to the custody of the state department of corrections. If the court enters a special order regarding commutation, the court shall set forth in writing its specific reasons for concluding that the sentence is clearly excessive. The court shall allow both the state and the victim to submit a written statement on the matter. The court's order, and reasons for its order, and the statements of the state and the victim shall be sent to the board of executive clemency. 13-604. Class 6 felony; designation A. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a misdemeanor for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor or a felony. This subsection does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies. B. Notwithstanding subsection A of this section and until the court actually enters an order designating an offense a misdemeanor or a felony, the offense shall be treated as a felony conviction for all of the following purposes: 1. Placing the defendant on felony probation pursuant to chapter 9 of this title, including for the purposes of title 31, chapter 3, article 4.1. 2. For the purposes of DNA collection pursuant to section 13-610. 3. Determining the defendant's right to possess a firearm pursuant to chapter 31 of this title. 4. Being used as a historical prior felony conviction. 5. Being admissible for impeachment purposes in a subsequent trial. 6. Being used to enhance the sentence pursuant to chapter 7 of this title. 7. For the purposes of issuing a lifetime injunction under section 13-719, subsection A. C. The court shall designate an undesignated offense as a misdemeanor on the defendant's successful fulfillment of the conditions of probation and discharge by the court. The defendant successfully fulfills the conditions of probation if, in the discretion of the court, the defendant has satisfied the conditions of probation. This subsection applies to a defendant who owes any outstanding monetary obligation unless the defendant owes victim restitution or has wilfully failed to pay the monetary obligation. D. If a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney files any of the following: 1. An information in superior court designating the offense as a misdemeanor. 2. A complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court. 3. A complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor. 13-604.01. Class 4, 5 or 6 felony; misdemeanor designation; definition (Rpld. 10/1/28) A. Notwithstanding any other provision of this title, if a person is convicted of a class 4, 5 or 6 felony not involving a dangerous offense, the court may enter judgment of conviction for a class 1 misdemeanor if the court determines all of the following: 1. The person has not previously been convicted of any felony offense. 2. The offense did not involve a victim. 3. The person has completed all of the terms and conditions imposed by the court for the conviction, including full payment of all monetary obligations. 4. At least five years have passed since the completion of the person's sentence, and the person has not been convicted of a subsequent misdemeanor offense involving a victim or a subsequent felony offense during that time. 5. Entering the judgment of conviction for a class 1 misdemeanor is in the interest of justice. B. This section does not apply to a person who is convicted of a violation of section 13-2910, 13-3102 or 13-3821. C. For the purposes of this section, "victim" has the same meaning prescribed in section 13-4401. 13-605. Diagnostic commitment A. If after presentence investigation, the court desires more detailed information as a basis for determining the sentence to be imposed, it may commit the defendant to the custody of the department of corrections. The director of the department of corrections shall accept the commitment only when adequate staff and facilities are available. The notice to the court of acceptance of the commitment shall specify the time and place the defendant is to be received. The commitment shall not exceed ninety days. The department during that period shall conduct a complete study of the prisoner and shall by the expiration of the period of commitment return the prisoner to the court and provide the court with a written report of the results of the study, including whatever recommendations the department believes will be helpful in determining disposition of the case. After receiving the report and recommendations, if the court does not order a further diagnostic commitment under subsection B of this section, it shall sentence the defendant as authorized by section 13-603. B. If after presentence investigation the court desires more detailed information about the defendant's mental condition, it may commit or refer the defendant to the custody of any diagnostic facility for the performance of psychiatric evaluation. The commitment or referral shall be for a period not to exceed ninety days. Within that period the facility shall return the prisoner to court and transmit to the court a diagnostic report, including whatever recommendations the facility may wish to make. After receiving the report and recommendations, if the court does not order a further diagnostic commitment under subsection A of this section, it shall sentence the defendant as authorized by section 13-603 or invoke the provisions of section 13-606. C. In an appropriate case the court in its discretion may order diagnostic commitments under both subsections A and B of this section. D. If after receiving a diagnostic report under subsection A or B of this section the court sentences the defendant to imprisonment, the period of commitment under either or both shall be credited to the sentence imposed. 13-606. Civil commitment after imposition of sentence A. If, after imposition of sentence authorized by section 13-603 and on the basis of the report and recommendations submitted to the court under subsection B of section 13-605, the court believes that the defendant discloses symptoms of mental disorder, the court may proceed as provided in chapter 5 of title 36. B. After termination of the commitment in subsection A of this section, the defendant shall be returned to the court for release or to serve the unexpired term imposed as authorized by section 13-603. The period of confinement pursuant to the civil commitment shall be credited to the sentence imposed. 13-607. Judgment of guilt and sentence document; fingerprint; contents of document; recitations A. At the time of sentencing a person who is convicted of a felony offense, a violation of section 13-1802 or 13-1805, a domestic violence offense as defined in section 13-3601 or a violation of chapter 14 of this title or title 28, chapter 4, the court shall execute a judgment of guilt and sentence document or minute order as prescribed by this section. B. The court shall require either that the defendant's fingerprint be permanently affixed to the document or order or that the defendant's two fingerprint biometric-based identifier be obtained and recorded in the court case file. C. The document or order shall recite all of the following in addition to any information deemed appropriate by the court: 1. The defendant's full name and date of birth. 2. The name of the counsel for the defendant or, if counsel was waived, the fact that the defendant knowingly, voluntarily and intelligently waived the defendant's right to counsel after having been fully apprised of the defendant's right to counsel. 3. The name, statutory citation and classification of the offense. 4. Whether there was a finding by the trier of fact that the offense was of a dangerous or repetitive nature pursuant to section 13-703 or 13-704 or was committed while released from confinement pursuant to section 13-708. 5. Whether the basis of the finding of guilt was by trial to a jury or to the court, or by plea of guilty or no contest. 6. That there was a knowing, voluntary and intelligent waiver of the right to a jury trial if the finding of guilt was based on a trial to the court. 7. That there was a knowing, voluntary and intelligent waiver of all pertinent rights if the finding of guilt was based on a plea of guilty or no contest. 8. A certification by the court or the clerk of the court that either the defendant's fingerprint was permanently affixed to the document or order or the defendant's two fingerprint biometric-based identifier was obtained and recorded in the court case file. D. The document or order shall be made a permanent part of the public records of the court, and the recitations contained in the document or order are prima facie evidence of the facts stated in the recitations. E. If the supreme court has authorized the clerk of the court to maintain an electronic court record, the clerk may maintain only an electronic reproduction or image of the original document or order. 13-608. Chronic felony offenders; disposition; notice A. If a juvenile is prosecuted as a chronic felony offender pursuant to section 13-501, subsection A or B, is convicted of a felony in criminal court and is placed on probation, the juvenile shall be incarcerated in the county jail for a period of not more than one year as a condition of probation. B. If a juvenile is prosecuted as a chronic felony offender pursuant to section 13-501, subsection A or B in criminal court and is convicted of a felony in criminal court, the court shall provide the following written notice to the juvenile: You have been convicted as a chronic felony offender and you now have a historical prior felony conviction. You are now on notice that if you commit another felony offense, you will be tried as an adult in the criminal division of the superior court and you will be subject to mandatory sentencing. C. The failure or inability of the court to provide the notice required by subsection B of this section does not preclude the use of the prior conviction for any purpose otherwise permitted. 13-609. Transfer of criminal justice information; definition A. If a person is found incompetent by a court pursuant to rule 11, Arizona rules of criminal procedure, the court shall transmit the case information and the date of the incompetency finding to the supreme court. The supreme court shall transmit the case information and the date of the incompetency finding to the department of public safety. The department of public safety shall transmit the case information and the date of the incompetency finding to the national instant criminal background check system. B. If a person is subsequently found competent, the court shall transmit the case information to the supreme court. The supreme court shall transmit the finding of competency to the department of public safety. The department of public safety shall transmit the finding of competency to the national instant criminal background check system. C. If a person is found guilty except insane, the court shall transmit the case information and the date of the verdict to the supreme court. The supreme court shall transmit the case information and the date of the verdict to the department of public safety. The department of public safety shall transmit the case information and the date of the verdict to the national instant criminal background check system. D. On request, the clerk of the court that originally found the defendant incompetent or in which the defendant was found guilty except insane shall provide certified copies of the order to a law enforcement or prosecuting agency that is investigating or prosecuting a prohibited possessor as defined in section 13-3101. E. For the purposes of this section, "case information" means the person's name, sex and date of birth, the last four digits of the person's social security number, if available, the court case number and the court originating agency identification number. 13-610. DNA testing A. Within thirty days after a person is sentenced to the state department of corrections or a person who is accepted under the interstate compact for the supervision of parolees and probationers arrives in this state, the state department of corrections shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of an offense listed in this section and was sentenced to a term of imprisonment or was convicted of any offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section and the person is under the supervision of the state department of corrections. The state department of corrections shall transmit the sample to the department of public safety. B. Within thirty days after a person is placed on probation and sentenced to a term of incarceration in a county jail detention facility or is detained in a county juvenile detention facility, the county detention facility shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of or adjudicated delinquent for an offense listed in this section. The county detention facility shall transmit the sample to the department of public safety. C. Within thirty days after a person is convicted and placed on probation without a term of incarceration or adjudicated delinquent and placed on probation, the county probation department shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of or adjudicated delinquent for an offense listed in this section. The county probation department shall transmit the sample to the department of public safety. D. Within thirty days after the arrival of a person who is accepted under the interstate compact for the supervision of parolees and probationers and who is under the supervision of a county probation department, the county probation department shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of an offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section and was sentenced to a term of probation. The county probation department shall transmit the sample to the department of public safety. E. Within thirty days after a juvenile is committed to the department of juvenile corrections, the department of juvenile corrections shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the youth if the youth was adjudicated delinquent for an offense listed in this section and was committed to a secure care facility. The department of juvenile corrections shall transmit the sample to the department of public safety. F. Within thirty days after the arrival in this state of a juvenile who is accepted by the department of juvenile corrections pursuant to the interstate compact on juveniles and who was adjudicated for an offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section, the compact administrator shall request that the sending state impose as a condition of supervision that the juvenile submit a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing. If the sending state does not impose that condition, the department of juvenile corrections shall request a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing within thirty days after the juvenile's arrival in this state. The department of juvenile corrections shall transmit the sample to the department of public safety. G. Notwithstanding subsections A through F, K, L and O of this section, the agency that is responsible for securing a sample pursuant to this section shall not secure the sample if the scientific criminal analysis section of the department of public safety has previously received and is maintaining a sample sufficient for deoxyribonucleic acid testing. H. The department of public safety shall do all of the following: 1. Conduct or oversee through mutual agreement an analysis of the samples that it receives pursuant to subsections K, L and O of this section. 2. Make and maintain a report of the results of each deoxyribonucleic acid analysis. 3. Maintain samples of blood and other bodily substances for at least thirty-five years. I. Any sample and the result of any test that is obtained pursuant to this section or section 8-238 may be used only as follows: 1. For law enforcement identification purposes. 2. In a proceeding in a criminal prosecution or juvenile adjudication. 3. In a proceeding under title 36, chapter 37. J. If the conviction or adjudication of a person who is subject to this section or section 8-238 is overturned on appeal or postconviction relief and a final mandate has been issued, on petition of the person to the superior court in the county in which the conviction occurred, the court shall order that the person's deoxyribonucleic acid profile resulting from that conviction or adjudication be expunged from the Arizona deoxyribonucleic acid identification system established by section 41-2418 unless the person has been convicted or adjudicated delinquent of another offense that would require the person to submit to deoxyribonucleic acid testing pursuant to this section. K. If a person is arrested for any offense listed in subsection O, paragraph 3 of this section and is transferred by the arresting authority to a state, county or local law enforcement agency or jail, the arresting authority or its designee shall secure a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction from the person for the purpose of determining identification characteristics. The arresting authority or its designee shall transmit the sample to the department of public safety. L. A person who is charged with a felony or misdemeanor offense listed in subsection O, paragraph 3 of this section and who is summoned to appear in court for an initial appearance shall report within five days of release on bail or on the person's own recognizance to the law enforcement agency that investigated the person or its designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction. The arresting authority or its designee shall transmit the sample to the department of public safety. M. A person who is subject to subsection K or L of this section or section 8-238 may petition the superior court in the county in which the arrest occurred or the criminal charge was filed to order that the person's deoxyribonucleic acid profile and sample be expunged from the Arizona deoxyribonucleic acid identification system, unless the person has been arrested, charged with or convicted of or adjudicated delinquent of another offense that would require the person to submit to deoxyribonucleic acid testing pursuant to this section, if any of the following applies: 1. The criminal charges are not filed within the applicable period prescribed by section 13-107. 2. The criminal charges are dismissed. 3. The person is acquitted at trial. N. If any sample that is submitted to the department of public safety under this section or section 8-238 is found to be unacceptable for analysis and use or cannot be used by the department, the department shall require that another sample of blood or other bodily substances be secured pursuant to this section. O. This section applies to persons who are: 1. Convicted of any felony offense. 2. Adjudicated delinquent for any of the following offenses: (a) A violation or an attempt to violate any offense in chapter 11 of this title, any felony offense in chapter 14 or 35.1 of this title or section 13-1507, 13-1508 or 13-3608. (b) Any offense for which a person is required to register pursuant to section 13-3821. (c) A violation of any felony offense in chapter 34 of this title that may be prosecuted pursuant to section 13-501, subsection B, paragraph 2. (d) A violation of any felony offense that is listed in section 13-501. 3. Arrested for a violation of any offense in chapter 11 of this title, a violation of section 13-1402, 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411, 13-1417, 13-1507, 13-1508, 13-3208, 13-3214, 13-3555 or 13-3608 or a violation of any serious offense as defined in section 13-706 that is a dangerous offense.