Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-4405, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4405. Information provided to victim by law enforcement agencies

A. As soon after the detection of a criminal offense as the victim may be contacted without interfering with an investigation or arrest, the law enforcement agency that has responsibility for investigating the criminal offense shall provide electronic forms, pamphlets, information cards or other materials to the victim:

1. That allow the victim to request or waive applicable rights to which the victim is entitled, on request, under this article chapter.

2. That provide the victim a method to designate a lawful representative if the victim chooses pursuant to section 13-4403, subsection A or section 13-4404.

3. That provide notice to the victim of all of the following information:

(a) The victim's right under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, to be treated with fairness, respect and dignity and to be free of intimidation, harassment or abuse throughout the criminal or juvenile justice process.

(b) The availability, if any, of crisis intervention services and emergency and medical services and, where applicable, that medical expenses arising out of the need to secure evidence may be reimbursed pursuant to section 13-1414.

(c) In cases of domestic violence, the procedures and resources available to protect the victim pursuant to section 13-3601.

(d) The names and telephone numbers of public and private victim assistance programs, including the county victim compensation program and programs that provide counseling, treatment and other support services.

(e) The police report number, if available, other identifying case information and the following statement:

If within thirty days you are not notified of an arrest in your case, you may call (the law enforcement agency's telephone number) for the status of the case.

(f) Whether the suspect is an adult or juvenile, a statement that the victim will be notified by the law enforcement agency at the earliest opportunity after the arrest of a suspect.

(g) If the suspect is an adult and has been arrested, the victim's right, on request pursuant to subsection G of this section, to be informed of the suspect's release, of the next regularly scheduled time, place and date for initial appearances in the jurisdiction and of the victim's right to be heard at the initial appearance and that, to exercise these rights, the victim is advised to contact the custodial agency regarding the suspect's release and to contact the court regarding any changes to the initial appearance schedule.

(h) If the victim chooses to exercise the right to be heard through a written statement, how that statement may be submitted to the court.

(i) That the victim or the immediate family member of the victim, if the victim is killed or incapacitated, has the right to receive one copy of the police report, including any supplements to the report, audio recordings and video recordings from the investigating law enforcement agency section 39-127.

B. If at the time of contact with a law enforcement agency the victim is physically or emotionally unable to request or waive applicable rights, the law enforcement agency shall designate this in the format that is authorized by subsection A of this section and the entities that may be subsequently affected shall presume that the victim invoked the victim's right to request applicable rights to which the victim is entitled, on request, unless the victim later waives those rights.

C. The law enforcement agency shall submit a copy of the victim's request or waiver of preconviction rights form to the custodial agency and a copy to the prosecutor if a suspect is arrested, at the time the suspect is taken into custody. If there is no arrest, the form copies shall be submitted to the prosecutor at the time the case is otherwise presented to the prosecutor for review. The prosecutor shall submit a copy of the victim's request or waiver of preconviction rights form to the departments or sections of the prosecutor's office, if applicable, that are mandated by this article chapter to provide victims' rights services on request.

D. If the suspected offender is cited and released, the law enforcement agency responsible for investigating the offense shall inform the victim of the court date and how to obtain additional information about the subsequent criminal proceedings.

E. Law enforcement agencies within a county may establish different procedures designed to efficiently and effectively provide notice of the victim's rights pursuant to this section and notice to affected entities of the victim request or waiver information. If different procedures are established, the procedures shall:

1. Be reported to the entities within a county affected by the procedures and reported to the attorney general.

2. Be designed so that custodial agencies and prosecutors within a county receive notice of the victim's request or waiver of the victim's preconviction rights at the same time that an adult suspect is arrested.

3. Be designed so that prosecutors within a county receive notice of the victim's request or waiver of the victim's preconviction rights, if there is no arrest, at the same time that the case is otherwise presented to the prosecutor for review.

4. Provide that the notice to affected entities of a victim's request or waiver of the victim's preconviction rights includes information that affords the affected entity the ability to contact the victim.

5. Be supported by use of electronic forms, brochures or other written materials that are developed by the law enforcement agencies within a county and reviewed by the attorney general pursuant to section 13-4417, subsection B.

F. If a suspect has not been arrested at the time of contact with the victim pursuant to subsection A of this section, the law enforcement agency that is responsible for investigating the offense shall notify the victim of the arrest of a suspect at the earliest opportunity after the arrest and of the time, place and date for the initial appearance.

G. A victim is required to opt in only one time in order to exercise the victim's rights prescribed in this section and to receive victim notifications from all applicable state agencies, including, for the purposes of this chapter, political subdivisions, under this chapter. State agencies shall develop and implement procedures for sharing victim opt-in information with other applicable state agencies. A victim may opt out of receiving notifications at any time, and the state agency that RECEIVES A Victim's request to opt out of receiving notifications shall communicate that INFORMATION to the other applicable state agencies. A victim who opts out of exercising the victim's rights prescribed in this section and receiving notifications under this chapter may later opt in by contacting the investigating law enforcement agency or prosecutor's office, at which time The investigating law enforcement agency or prosecutor's office shall forward the victim's information to all other applicable state agencies. END_STATUTE

Sec. 2. Section 13-4407, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4407. Notice of terms and conditions of release

On the request of the victim if the victim has opted in pursuant to section 13-4405, the custodial agency shall provide a copy of the terms and conditions of release to the victim unless the accused appeared in response to a summons. In that case, on request of the victim if the victim has opted in pursuant to section 13-4405, the prosecutor's office, on receiving such information, shall provide a copy of the terms and conditions of release to the victim. The copy of the terms and conditions of release may be provided to the victim in an electronic form, pamphlet, information card or other material. END_STATUTE

Sec. 3. Section 13-4409, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4409. Notice of criminal proceedings

A. Except as provided in subsection B of this section, the court shall provide notice of criminal proceedings, for criminal offenses filed by information, complaint or indictment, except initial appearances and arraignments, to the prosecutor's office at least five days before a scheduled proceeding to allow the prosecutor's office to provide notice to the victim.

B. If the court finds that it is not reasonable to provide the five days' notice to the prosecutor's office under subsection A of this section, the court shall state in the record why it was not reasonable to provide five days' notice.

C. On receiving the notice from the court, the prosecutor's office shall, on request if the victim has opted in pursuant to section 13-4405, give notice to the victim in a timely manner of scheduled proceedings and any changes in that schedule, including any continuances. END_STATUTE

Sec. 4. Section 13-4410, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4410. Notice of conviction, acquittal or dismissal; impact statement

A. The prosecutor's office, on request if the victim has opted in pursuant to section 13-4405, shall give to the victim within fifteen days after the conviction or acquittal or dismissal of the charges against the defendant notice of the criminal offense for which the defendant was convicted or acquitted or the dismissal of the charges against the defendant.

B. If the defendant is convicted and the victim has requested notice opted in pursuant to section 13-4405, the victim shall be notified, if applicable, of:

1. The function of the presentence report.

2. The name and telephone number of the probation department that is preparing the presentence report.

3. The right to make a victim impact statement under section 13-4424.

4. The defendant's right to view the presentence report.

5. The victim's right to view the presentence report except those parts excised by the court or made confidential by law and, on request, to receive a copy from the prosecutor.

6. The right to be present and be heard at any presentence or sentencing proceeding pursuant to section 13-4426.

7. The time, place and date of the sentencing proceeding.

8. If the court orders restitution, the right to:

(a) File a restitution lien pursuant to section 13-806.

(b) Request a copy of the defendant's restitution payment history from the clerk of the court pursuant to section 13-810 or 31-412.

C. The victim shall be informed that the victim's impact statement may include the following:

1. An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim.

2. An explanation of the extent of any economic loss or property damage suffered by the victim.

3. An opinion of the need for and extent of restitution.

4. Whether the victim has applied for or received any compensation for the loss or damage.

D. Notice provided pursuant to this section does not remove the probation department's responsibility pursuant to section 12-253 to initiate the contact between the victim and the probation department concerning the victim's economic, physical, psychological or emotional harm. At the time of contact, the probation department shall advise the victim of the date, time and place of sentencing and of the victim's right to be present and be heard at that proceeding. END_STATUTE

Sec. 5. Section 13-4411, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4411. Notice of postconviction review and appellate proceedings

A. Within fifteen days after sentencing the prosecutor's office shall, on request if the victim has opted in pursuant to section 13-44o5, shall notify the victim of the sentence imposed on the defendant.

B. Pursuant to section 13-4405, if a victim has opted in to receiving victim notification, the prosecutor's office shall provide the victim with a form that allows the victim to request post-conviction victim's contact information to all other applicable state agencies automatically, without further action by the victim, for the purposes of postconviction notice of all post-conviction postconviction review and appellate proceedings, all post-conviction postconviction release proceedings, all probation modification proceedings that impact the victim, all probation revocation or termination proceedings, any decisions that arise out of these proceedings, all releases and all escapes.

C. The prosecutor's office shall advise the victim on how the completed request form may be filed with the appropriate agencies and departments.

D. C. On request of if the victim has opted in pursuant to section 13-44o5, the prosecutor's office that is responsible for handling any post-conviction postconviction or appellate proceedings immediately shall notify the victim of the proceedings and any decisions that arise out of the proceedings.

E. D. Beginning December 1, 2007, The supreme court or court of appeals shall send a victim who requests notice has opted in pursuant to this section 13-4405 a copy of the memorandum decision or opinion from the issuing court concurrently with the parties. If the victim is represented by counsel, the notice shall be provided to the victim's counsel. END_STATUTE

Sec. 6. Section 13-4411.01, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4411.01. Notice of right to request not to receive inmate communication; definition

A. Within fifteen days after a defendant is sentenced to the state department of corrections, the prosecutor's office shall notify the victim of the right of the victim, any member of the victim's family or any member of the victim's household, to request not to receive any communication from the inmate who was convicted of committing a criminal offense against the victim. The notice shall:

1. Be made on the postconviction notice request form provided by the prosecutor to the victim pursuant to section 13-4411 in one of the following ways:

(a) In writing.

(b) In digital form if requested by the victim.

2. Inform the victim of the right of the victim, or any member of the victim's family or household who is denoted by the victim on the form, to request not to receive any communication from the inmate.

3. Instruct the victim how to file the completed request form with the state department of corrections.

3. Pursuant to section 13-4405, if a victim has opted in, the prosecutor's office shall provide the victim's contact information to the state department of corrections to ensure compliance with this section.

4. Include the following statement:

If the defendant is incarcerated in the state department of corrections, you have the right to request that the defendant not send you, members of your family or members of your household any communication. If the defendant sends you or your family or household members any communication after you have made this request, you or the members of your family or household have the right to report the incident to the state department of corrections for sanctions against the defendant.

B. On receipt of a postconviction notice request form in which a request not to receive any inmate communication is indicated, the state department of corrections shall notify the inmate of the request and that making any communication to the victim, or the family or household members who are denoted by the victim, will result in appropriate sanctions, including reduction or denial of earned release credits and review of all outgoing communications.

C. The state department of corrections shall not knowingly allow any communication to any person who requests not to receive any inmate communication pursuant to this section.

D. For the purposes of this section, "communication" means any written, verbal or nonverbal communication, including mail, electronic communications and telephone calls. END_STATUTE

Sec. 7. Section 13-4412, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4412. Notice of release or escape

A. The sheriff or municipal jailer, on request if the victim has opted in pursuant to section 13-4405, shall notify the victim and the prosecutor's office of the release of the accused.

B. The custodial agency shall immediately give notice to a victim and the prosecutor's office of an escape by, and again on the subsequent rearrest of, an incarcerated person who is accused or convicted of committing a criminal offense against the victim. The custodial agency shall give notice by any reasonable means. END_STATUTE

Sec. 8. Section 13-4413, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4413. Notice of prisoner's status

A. If the victim has made a request for post-conviction notice opted in pursuant to section 13-4405, the director of the state department of corrections shall mail to the victim the following information about a prisoner in the custody of the state department of corrections:

1. Within thirty days after the request, notice of the earliest release date of the prisoner if his the PRISONER'S sentence exceeds six months.

2. At least fifteen days before the prisoner's release, notice of the release.

3. Within fifteen days after the prisoner's death, notice of the death.

B. If the victim has made a request for post-conviction notice opted in pursuant to section 13-4405, the sheriff having custody of the prisoner shall mail to the victim notice of release at least fifteen days before the prisoner's release or notice of death within fifteen days after the prisoner's death. END_STATUTE

Sec. 9. Section 13-4414, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4414. Notice of postconviction release; right to be heard; hearing; final decision; free electronic recording

A. The victim has the right to be present and be heard at any proceeding in which postconviction release from confinement is being considered pursuant to section 31-233, 31-411 or 41-1604.13.

B. If the victim has made a request for postconviction notice opted in pursuant to section 13-4405, the board of executive clemency shall, at least fifteen days before the hearing, shall give to the victim written notice of the hearing and of the victim's right to be present and be heard at the hearing.

C. If the victim has made a request for postconviction notice opted in pursuant to section 13-4405, the board of executive clemency shall give to the victim notice of the decision reached by the board. The notice shall be mailed within fifteen days after the board reaches its decision.

D. Any electronic recordings that are made during a postconviction release hearing shall be provided, on request, to the victim free of charge. END_STATUTE

Sec. 10. Section 13-4415, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4415. Notice of probation modification, termination or revocation disposition matters; notice of arrest

A. On request of if a victim who has provided an address or other contact information opted in pursuant to section 13-4405, the court or, if the case is in the superior court, the probation department shall notify the victim of any of the following:

1. A probation revocation disposition proceeding or any proceeding in which the court is asked to terminate the probation or intensive probation of a person who is convicted of committing a criminal offense against the victim.

2. Any hearing on a proposed modification of the terms of probation or intensive probation.

3. The arrest of a person who is on supervised probation and who is arrested pursuant to a warrant issued for a probation violation.

B. On request of a victim who has provided a current address or other current contact information opted in pursuant to section 13-4405, the court, or if the case is in the superior court, the probation department shall notify the victim of the following:

1. Any proposed modification to any term of probation if the modification affects restitution or incarceration status or the defendant's contact with or the safety of the victim.

2. The victim's right to be heard at a hearing that is set to consider any modification to be made to any term of probation.

3. Any violation of any term of probation that results in the filing with the court of a petition to revoke probation.

4. That a petition to revoke probation alleging that the defendant absconded from probation has been filed with the court.

5. Any conduct by the defendant that raises a substantial concern for the victim's safety.

C. If a victim has requested postconviction notice opted in pursuant to section 13-4405, the court or, if the case is in the superior court, the probation department shall provide notice of that request to the state department of corrections and the board of executive clemency if a defendant's probation is revoked and the defendant is committed to the custody of the state department of corrections.

D. On the request of if a victim has opted in pursuant to section 13-4405, the state department of corrections shall provide the victim with the notices that are required by sections 13-4412 and 13-4413.

E. On the request of if the victim has opted in pursuant to section 13-4405, the board of executive clemency shall provide the victim with the notice that is required by section 13-4414. END_STATUTE

Sec. 11. Section 13-4416, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4416. Notice of release, discharge or escape from a mental health treatment agency

A. If the victim has made a request for notice OPTED IN pursuant to section 13-4405, a mental health treatment agency shall mail to the victim at least ten days before the release or discharge of the person accused or convicted of committing a criminal offense against the victim, notice of the release or discharge of the person who is placed by court order in a mental health treatment agency pursuant to section 13-3992, 31-226, 31-226.01, 36-540.01, 36-541.01 or 36-3707.

B. A mental health treatment agency shall mail to the victim immediately after the escape or subsequent readmission of the person accused or convicted of committing a criminal offense against the victim, notice of the escape or subsequent readmission of the person who is placed by court order in a mental health treatment agency pursuant to section 13-3992, 31-226, 31-226.01, 36-540.01, 36-541.01 or 36-3707. END_STATUTE

Sec. 12. Section 13-4417, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4417. Request for notice; forms; notice system

A. The a victim who has opted in pursuant to section 13-4405 shall provide to and maintain with the state agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency or the investigating law enforcement agency. The form shall include a the victim filed the opt in request with a current telephone number, address and email address, if available. If the victim fails to keep the victim's telephone number and address contact information current, the victim's request for notice is deemed withdrawn. At any time the victim may request notice of subsequent proceedings by filing on a request form provided by the agency contacting the investigating law enforcement agency or prosecutor's office and providing the victim's current telephone number and address.

B. All notices provided to a victim pursuant to this chapter The form that is issued by law enforcement pursuant to section 13-4405, subsection G shall be on forms developed or reviewed by the attorney general.

C. The court and all agencies that are responsible for providing notice to the victim shall establish and maintain a system for the receipt of victim requests for notice. END_STATUTE

Sec. 13. Section 13-4419, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4419. Victim conference with prosecuting attorney

A. On request of if the victim has opted in pursuant to section 13-4405, the prosecuting attorney shall confer with the victim about the disposition of a criminal offense, including the victim's views about a decision not to proceed with a criminal prosecution, dismissal, plea or sentence negotiations and pretrial diversion programs.

B. On request of if the victim has opted in pursuant to section 13-4405, the prosecuting attorney shall confer with the victim before the commencement of the trial.

C. The right of the victim to confer with the prosecuting attorney does not include the authority to direct the prosecution of the case. END_STATUTE

Sec. 14. Section 13-4423, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4423. Plea negotiation proceedings

A. On request of if the victim has opted in pursuant to section 13-4405, the victim has the right to be present and be heard at any proceeding in which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court.

B. The court shall not accept a plea agreement unless:

1. The prosecuting attorney advises the court that before requesting the negotiated plea reasonable efforts were made to confer with the victim pursuant to section 13-4419.

2. Reasonable efforts are made to give the victim notice of the plea proceeding pursuant to section 13-4409 and to inform the victim that the victim has the right to be present and, if present, to be heard.

3. The prosecuting attorney advises the court that to the best of the prosecutor's knowledge notice requirements of this chapter have been complied with and the prosecutor informs the court of the victim's position, if known, regarding the negotiated plea. END_STATUTE

Sec. 15. Section 13-4441, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4441. Right to be heard on a petition to restore the right to possess a firearm; notice

A. A victim has the right to be present and be heard at any proceeding in which the defendant has filed a petition pursuant to section 13-925 to restore the defendant's right to possess a firearm.

B. If the victim has made a request for postconviction notice opted in pursuant to section 13-4405, the attorney for the state shall provide notice to the victim at least five days before the hearing. END_STATUTE