Page 1,
before line 1, insert:
"Page
2, line 7, after "notice" insert "of intent to retain jurisdiction"
Line 11,
strike "terminated by order of the court"
Line 12,
after "birthday" insert "either:
1. Jurisdiction
is terminated by order of the court.
2. The
juvenile is discharged from the jurisdiction of the department of juvenile
corrections pursuant to section 41‑2820.""
Line 4,
after "notice" insert "; annual report"
Line 15,
after "of" insert "the"
Page 2,
between lines 4 and 5, insert:
"C. The director of juvenile court services, in addition to
all other duties, must submit an annual report to the presiding judge of the
superior court and the legislature that includes the number of juveniles that
the court has retained jurisdiction over pursuant to section 8‑202,
subsection H. The director shall provide a copy of this report to the
secretary of state.
Sec. 3. Section
8-246, Arizona Revised Statutes, is amended to read:
START_STATUTE8-246. Jurisdiction;
length of commitment; placement; assessment; definition
A. When
jurisdiction of a juvenile has been acquired by the juvenile court, the
juvenile shall continue under the jurisdiction of the juvenile court until the
juvenile attains eighteen years of age or, if the juvenile court
has retained jurisdiction over the person pursuant to section 8‑202,
subsection H, nineteen years of age, unless sooner discharged pursuant
to law. From the time of commitment to the department of juvenile
corrections, a juvenile shall be subject to the control of the department of juvenile
corrections until the juvenile's absolute discharge or until expiration of the commitment on the juvenile's eighteenth
birthday pursuant to section 41‑2820.
B. Except
pursuant to section 8‑341, subsection N and section 8‑344, and unless the court has retained jurisdiction over the person
pursuant to section 8‑202, subsection H:
1. The awarding of a juvenile shall
not extend beyond the juvenile's eighteenth birthday., and
2. Commitment to the department of
juvenile corrections shall be until the juvenile attains eighteen years of age
unless sooner discharged by the department of juvenile corrections.
C. The
supreme court in cooperation with the department of juvenile corrections and
other state agencies shall develop a common risk needs assessment instrument to
be used for each juvenile who is referred to the juvenile court. The juvenile
court shall update the risk needs assessment on each subsequent referral of the
juvenile to the juvenile court, and the court shall use the risk needs assessment
to determine the appropriate disposition of the juvenile. The supreme court in
cooperation with the department of juvenile corrections shall develop
guidelines to be used by juvenile court judges in determining those juveniles
who should be committed to the department of juvenile corrections. END_STATUTE
D. For
the purposes of this section, "juvenile" includes a person who is
under eighteen years of age or, if the juvenile court has retained jurisdiction
over the person pursuant to section 8‑202, subsection H, under nineteen
years of age.
Sec. 4. Section
8-272, Arizona Revised Statutes, is amended to read:
START_STATUTE8-272. Psychiatric
acute care services; outpatient and inpatient assessments; definition
A. If
a child exhibits behavior that indicates the child may suffer from a mental
disorder or is a danger to self or others, an entity may request that the child
receive an outpatient assessment or inpatient assessment.
B. A
psychologist, psychiatrist or physician shall conduct an outpatient assessment
at a time and place that is convenient for the psychologist, psychiatrist or
physician and the child. At the conclusion of the outpatient assessment, the
psychologist, psychiatrist or physician shall recommend that the child be
either:
1. Provided
with outpatient treatment services.
2. Admitted
to a psychiatric acute care facility for inpatient assessment or inpatient
psychiatric acute care services.
3. Provided
with residential treatment services.
4. Discharged
to the entity without further psychological or psychiatric services because the
child does not suffer from a mental disorder, is not a danger to self or others
or is not a child with a persistent or acute disability or grave disability.
C. A
psychologist, psychiatrist or physician shall conduct an inpatient assessment
within seventy‑two hours after a child is admitted to an inpatient
assessment facility, excluding weekends and holidays. At the conclusion of the
inpatient assessment, the psychologist, psychiatrist or physician shall
recommend that the child be either:
1. Admitted
to a psychiatric acute care facility for inpatient psychiatric acute care
services.
2. Discharged
to an entity and provided with outpatient treatment services.
3. Provided
with residential treatment services.
4. Discharged
to the entity without further psychological or psychiatric services because the
child does not suffer from a mental disorder, is not a danger to self or others
or is not a child with a persistent or acute disability or grave disability.
D. Within
twenty‑four hours after a child is admitted for an inpatient assessment,
excluding weekends and holidays, the entity shall file a motion for approval of
admission for inpatient assessment with the juvenile court. The motion shall
include all of the following:
1. The
name and address of the inpatient assessment facility.
2. The
name of the psychologist, psychiatrist or physician who is likely to perform
the inpatient assessment.
3. The
date and time the child was admitted to the inpatient assessment facility.
4. A
short statement explaining why the child needs an inpatient assessment.
E. An
entity that files a motion under subsection D of this section shall provide a
copy of the motion to all of the parties and their attorneys. The court shall
rule on the motion without response from any party, except that any party may
request a hearing to review the child's admission for an inpatient assessment.
If the court grants a hearing, the court shall set the hearing on an
accelerated basis.
F. If
the psychologist, psychiatrist or physician who performed the outpatient
assessment or inpatient assessment of the child recommends that the child
receive inpatient acute care psychiatric services, the entity may file a motion
for inpatient psychiatric acute care services with the juvenile
court. If the psychologist, psychiatrist or physician makes this
recommendation after conducting an inpatient assessment, the entity shall file
the motion for inpatient psychiatric acute care services within twenty‑four
hours after the completion of the inpatient assessment, excluding weekends and
holidays. The motion shall include all of the following:
1. A
copy of the written report of the results of the inpatient assessment or
outpatient assessment, including:
(a) The
reason why inpatient psychiatric acute care services are in the child's best
interests.
(b) The
reason why inpatient psychiatric acute care services are the least restrictive
available treatment.
(c) A
diagnosis of the child's condition that requires inpatient psychiatric acute
care services.
(d) The
estimated length of time that the child will require inpatient psychiatric
acute care services.
2. A
written statement from the medical director of the proposed inpatient
psychiatric acute care facility or the medical director's designee that the
facility's services are appropriate to meet the child's mental health needs.
G. As
soon as practicable after the filing of a motion under subsection D or F of
this section, the court shall appoint an attorney for the child if an attorney
has not been previously appointed. The court may also appoint a guardian ad
litem for the child.
H. If
a motion is filed pursuant to subsection F of this section, the court shall
hold a hearing on the motion within seventy‑two hours after the motion is
filed, excluding weekends and holidays. If the child has been admitted for an
inpatient assessment, the child may remain at the inpatient assessment facility
until the court rules on the motion.
I. If
a child is admitted for an inpatient assessment and an entity fails to file a
motion pursuant to and within the time limit prescribed in subsection F of this
section, the child shall be discharged from the inpatient assessment facility.
J. If
the court approves the admission of the child for inpatient psychiatric acute
care services, the court shall find by clear and convincing evidence that both:
1. The
child is suffering from a mental disorder or is a danger to self or others and
requires inpatient psychiatric acute care services.
2. Available
alternatives to inpatient psychiatric acute care services were considered, but
that inpatient psychiatric acute care services are the least restrictive
available alternative.
K. The
court shall review the child's continuing need for inpatient psychiatric acute
care services at least every sixty days after the date of the treatment order.
The inpatient psychiatric acute care facility shall submit a progress report to
the court at least five days before the review and shall provide copies of the
progress report to all of the parties, including the child's attorney and
guardian ad litem. On its own motion or on the motion of a party, the court
may hold a hearing on the child's continuing need for inpatient psychiatric
acute care services. If requested by the child, the court shall hold
a hearing unless the court has held a review hearing within sixty days before
the child's request. If requested by the child, the court may hold a hearing
at any time for good cause shown. The progress report shall make
recommendations and shall include at least the following:
1. The
nature of the treatment provided, including any medications and the child's
current diagnosis.
2. The
child's need for continued inpatient psychiatric acute care services, including
the estimated length of the services.
3. A
projected discharge date.
4. The
level of care required by the child and the potential placement options that
are available to the child on discharge.
5. A
statement from the medical director of the inpatient psychiatric acute care
facility or the medical director's designee as to whether inpatient psychiatric
acute care services are necessary to meet the child's mental health needs and
whether the facility that is providing the inpatient psychiatric acute care
services to the child is the least restrictive available alternative.
L. If
a child is transferred from an inpatient psychiatric acute care facility to
another inpatient psychiatric acute care facility, no new inpatient assessment
or outpatient assessment is required. Unless the court orders otherwise due to
an emergency, an entity shall file a notice of transfer with the juvenile court
at least five days before the transfer of the child. The notice shall include
all of the following:
1. The
name and address of the facility to which the child is being transferred and
the date of the transfer.
2. A
statement from the medical director of the receiving inpatient psychiatric acute
care facility or the medical director's designee that the receiving facility is
an appropriate facility to meet the child's mental health needs and that it is
the least restrictive available alternative.
3. A
statement that the entity has contacted the child's attorney or guardian ad
litem and whether the child or the child's attorney or guardian ad litem
opposes the transfer.
M. Any
party may request a hearing to review the transfer of a child to another
inpatient psychiatric acute care facility pursuant to subsection L of this
section.
N. Within
fifteen days after a child is discharged, the inpatient psychiatric acute care
facility shall prepare a discharge summary. Within twenty days after a child
is discharged, an entity shall file a notice of discharge with the juvenile
court. The notice shall include:
1. A
statement of the child's current placement.
2. A
statement of the mental health services that are being provided to the child
and the child's family.
3. A
copy of the discharge summary that is prepared by a mental health professional.
O. When
possible, the child's attorney shall communicate with the child within twenty‑four
hours after a motion is filed pursuant to subsection D or F of this section,
excluding weekends and holidays. The child's attorney shall discuss treatment
recommendations and shall advise the child of the child's right to request a
hearing. The child's attorney or designee shall attend all court hearings
related to the child's inpatient assessment or inpatient psychiatric acute care
services and shall be prepared to report to the court the child's position on
any recommended assessments or treatment. The child may attend any hearing
unless the court finds by a preponderance of the evidence that allowing the
child to attend would not be in the child's best interests.
P. If
the child is a dually adjudicated child, the entity that requests an order for
inpatient psychiatric acute care services shall notify any other entity of all
notices, motions, hearings or other proceedings related to the provision of
inpatient psychiatric acute care services. Any entity may attend and
participate in all hearings or other proceedings relating to the provision of
inpatient psychiatric acute care services to a dually adjudicated child.
Q. Section
8‑273 applies if residential treatment services are recommended after an
inpatient assessment or outpatient assessment or any inpatient psychiatric
acute care treatment. Section 8‑341.01 applies if a child who is
adjudicated delinquent or incorrigible and who is subject to the jurisdiction
of the juvenile court requires residential treatment services. Section 41‑2815
applies if a child who is committed to the department of juvenile corrections
requires residential treatment services.
R. Information
and records that are obtained or created in the course of any assessment,
examination or treatment are subject to the confidentiality requirements of
section 36‑509, except that information and records may be provided to
the department of juvenile corrections pursuant to section 8‑341.
S. For
the purposes of this section, "child" means a person who is under
eighteen years of age or, if the juvenile
court has retained jurisdiction over the person pursuant to section 8‑202,
subsection H, under nineteen years of age and who is either:
1. Found
to be dependent or temporarily subject to court jurisdiction pending an
adjudication of a dependency petition.
2. In
the temporary custody of the department pursuant to section 8‑821.
3. Detained
in a juvenile court detention facility.
4. Committed
to the department of juvenile corrections.
5. Found
to be delinquent and subject to probation supervision. END_STATUTE
Sec. 5. Section
8-273, Arizona Revised Statutes, is amended to read:
START_STATUTE8-273. Residential
treatment services; definition
A. If
a child exhibits behavior that indicates the child may suffer from a mental
disorder or if it is recommended as a result of an outpatient assessment or
inpatient assessment pursuant to section 8‑272 that a child receive
residential treatment services, an entity may file a motion requesting that the
juvenile court order a child to receive residential treatment services. If the
motion states that all parties, including counsel for the child, have been
contacted and are in agreement, the court is not required to set a hearing on
the motion.
B. A
motion for residential treatment services shall be supported by a written
psychological, psychiatric or medical assessment recommending residential
treatment services. The court may waive the written assessment on a finding of
good cause. The written assessment shall include at least the following:
1. The
reason why residential treatment services are in the child's best interests.
2. The
reason why residential treatment services are the least restrictive treatment
available.
3. The
reason why the child's behavioral, psychological, social or mental health needs
require residential treatment services.
4. The
estimated length of time that the child will require residential treatment
services.
C. A
motion for residential treatment services shall be supported by a written
statement from the medical or clinical director of the residential treatment
facility or the director's designee that the facility's services are
appropriate to meet the child's needs.
D. As
soon as practicable after an entity files a motion under subsection A of this
section, the court shall appoint an attorney for the child if an attorney has
not been previously appointed. The court may also appoint a guardian ad litem
for the child.
E. The
child's attorney shall discuss the treatment recommendations with the child.
The child's attorney or designee shall attend all court hearings related to the
child's placement in a residential treatment facility and shall be prepared to
report to the court on the child's position regarding any recommendations or
requests related to the provision of residential treatment services. The child
may appear at any hearing, unless the court finds by a preponderance of the
evidence that allowing the child to attend the hearing would not be in the
child's best interests.
F. If
the court orders a child to receive residential treatment services, the court
shall find by clear and convincing evidence that both:
1. The
child requires residential treatment services to address the child's
behavioral, psychological, social or mental health needs.
2. Available
alternatives to residential treatment services were considered, but that
residential treatment services are the least restrictive available alternative.
G. The
court shall review the child's continuing need for residential treatment
services at least every sixty days from the date of the treatment order. The
residential treatment facility shall submit a progress report to the court at
least five days before the review and shall provide copies of its report to all
of the parties, including the child's attorney and guardian ad litem. The
progress report shall include the recommendations of the child's treatment
facility and shall include at least the following:
1. The
nature of the treatment provided, including any medications and the child's
current diagnosis.
2. The
child's need for continued residential treatment services, including the
estimated length of the services.
3. A
projected discharge date.
4. The
level of care required by the child and the potential placement options that
are available to the child on discharge.
5. A
statement from the medical or clinical director of the residential treatment
services facility or the director's designee as to whether residential
treatment services are necessary to meet the child's needs and whether the
facility that is providing the residential treatment services to the child is
the least restrictive available alternative.
H. On
its own motion or on the motion of a party, the court may schedule a hearing
concerning the child's continuing need for residential treatment services. If
requested by the child, the court shall schedule a hearing unless the court has
held a review hearing within sixty days before the child's
request. If requested by the child, the court may hold a hearing at
any time for good cause shown.
I. If
the child is a dually adjudicated child, the entity that requests an order for
residential treatment services shall notify any other entity of all notices,
motions, hearings or other proceedings related to the provision of residential
treatment services. Any entity may attend and participate in all
hearings or other proceedings relating to the provision of residential
treatment services to a dually adjudicated child.
J. Information
or records that are obtained or created pursuant to any assessment, examination
or treatment are subject to the confidentiality requirements of section 36‑509,
except that information and records may be provided to the department of
juvenile corrections pursuant to section 8‑341.
K. This
section does not apply to a child who is either:
1. Committed
to the department of juvenile corrections. Section 41‑2815
applies if a child who is committed to the department of juvenile corrections
requires residential treatment services.
2. Adjudicated
delinquent or incorrigible and who is subject to the jurisdiction of the
juvenile court. Section 8‑341.01 applies if a child who is adjudicated
delinquent or incorrigible and who is subject to the jurisdiction of the
juvenile court requires residential treatment services.
L. For
the purposes of this section, "child" means a person who is under
eighteen years of age or, if the juvenile
court has retained jurisdiction over the person pursuant to section 8‑202,
subsection H, under nineteen years of age and who is either:
1. Found
to be dependent or temporarily subject to court jurisdiction pending an
adjudication of a dependency petition.
2. In
the temporary custody of the department pursuant to section 8‑821.END_STATUTE"
Page 2,
between lines 5 and 6, insert:
"Page
10, line 7, strike "extended" insert "retained"
Between
lines 28 and 29, insert:
"Sec. 8. Section
8-341.01, Arizona Revised Statutes, is amended to read:
START_STATUTE8-341.01. Residential
treatment services; definition
A. If
at a disposition hearing or a subsequent hearing the court orders a delinquent
juvenile or incorrigible child to receive residential treatment services, other
than psychiatric acute care services as defined in section 8‑271, the
placement must be supported by a written psychological, psychiatric or medical
evaluation recommending residential treatment services. The court may waive
the written evaluation for good cause shown.
B. If
the court orders a child to receive residential treatment services, the court
shall find by clear and convincing evidence that both:
1. The
child requires residential treatment services to address the child's
behavioral, psychological, social or mental health needs.
2. Available
alternatives to residential treatment services were considered, but that
residential treatment services are the least restrictive alternative.
C. The
court shall review the child's continuing need for residential treatment
services at least every sixty days after the date of the treatment
order. The residential treatment facility shall submit a progress
report to the court at least five days before the review and shall provide
copies of its report to all parties, including the child's attorney and
guardian ad litem. The progress report shall include the
recommendations of the child's treatment facility and shall include at least
the following:
1. The
nature of the treatment provided, including any medications and the child's
current diagnosis.
2. The
child's need for continued residential treatment services, including the
estimated length of the services.
3. A
projected discharge date.
4. The
level of care required by the child and the potential placement options that
are available to the child on discharge.
5. A
statement from the medical or clinical director of the residential treatment
services facility or the director's designee as to whether residential
treatment services are necessary to meet the child's needs and whether the
facility that is providing the residential treatment services to the child is
the least restrictive available alternative.
D. On
its own motion or the motion of a party, the court may hold an expedited
hearing to review the continued placement of the child in residential
treatment.
E. If
the child is also found to be dependent or is temporarily subject to court
jurisdiction pending an adjudication of a dependency petition, the probation
department shall notify the department of child safety that placement of the
child for residential treatment services is being recommended. The
department shall receive copies of any reports relating to the child's
placement for residential treatment services. The department may attend and
participate in all hearings and any other proceedings relating to the placement
or continued placement for residential treatment services.
F. For
the purposes of this section, "child" or "juvenile"
includes a person who is under eighteen years of age or, if the juvenile court
has retained jurisdiction over the person pursuant to section 8‑202,
subsection H, under nineteen years of age. END_STATUTE
Sec. 9. Section
8-342, Arizona Revised Statutes, is amended to read:
START_STATUTE8-342. Commitment
of child; medical examination; definition
A. A
child who is any of the following shall not be committed or awarded to the
department of juvenile corrections:
1. Adjudicated
delinquent for an offense that is not a felony unless the child has been
previously adjudicated delinquent for an offense that is a felony or is
seriously mentally ill.
2. Under
fourteen years of age.
3. A
dependent or incorrigible child unless the child is adjudicated delinquent and
is not excluded under paragraph 1 or 2 of this subsection.
B. Before
commitment to the department of juvenile corrections, every child shall be
given a medical examination. If it is determined that any contagious
or infectious disease is present, the child shall not be committed to the department
of juvenile corrections, but the juvenile court shall order that the child be
given the necessary medical treatment at the county hospital or other medical
facility. When the child is discharged by competent medical
authority, the juvenile court may order the child's commitment to the
department of juvenile corrections. In any case copies of records,
examinations and evaluations shall be made of the findings of the medical
examination and of any subsequent treatment and discharge, which copies shall accompany
the child's commitment papers.
C. If
the child is a dependent child and is committed or awarded to the department of
juvenile corrections, the foster care review board shall review the child's
case as required by section 8‑515.03.
D. for
the purposes of this section, "child" includes a person who is under
eighteen years of age or, if the juvenile court has retained jurisdiction over
the person pursuant to section 8‑202, subsection H, under nineteen years
of age.END_STATUTE"
Renumber to
conform
Page 11, between lines 39 and 40,
insert:
"Sec. 11. Section
8-371, Arizona Revised Statutes, is amended to read:
START_STATUTE8-371. Educational
rehabilitation; definitions
A. Juveniles who are
subject to the supervision of a probation officer pursuant to an order of the
juvenile court, or who are otherwise eligible for absolute discharge or
conditional liberty from the department of juvenile corrections in accordance
with section 41‑2816, shall, as a condition of probation or liberty, be
required to do one of the following:
1. Attend
school in order to obtain vocational training or to achieve an appropriate
educational level as prescribed in consultation with the school the juvenile
attends by the juvenile's probation officer or by the department of juvenile
corrections. If the juvenile fails to attend school regularly,
maintain appropriate school behavior, or make satisfactory progress as
determined in consultation with the school by the probation officer or
department of juvenile corrections as specified in subsection C of this section
and the juvenile does not meet the requirements of paragraph 2 of this
subsection:
(a) If
the juvenile court retains jurisdiction, the juvenile court shall take
appropriate action to enforce, modify or revoke its order granting probation.
(b) If
the department of juvenile corrections retains jurisdiction, the department
shall act to enforce, modify or revoke its order granting conditional liberty.
2. Attend
an on‑the‑job training program or secure and maintain
employment. If the juvenile fails to attend the program or maintain
employment and does not meet the requirements of paragraph 1 of this
subsection:
(a) If
the juvenile court retains jurisdiction, the juvenile court shall take
appropriate action to enforce, modify or revoke its order granting probation.
(b) If
the department of juvenile corrections retains jurisdiction, the department
shall act to enforce, modify or revoke its order granting conditional liberty.
B. Subsection
A of this section does not apply to juveniles who pass the general educational
development test or earn a high school diploma. Subsection A, paragraph 2 of
this section does not apply to a juvenile required to attend school under
section 15‑802.
C. If
the juvenile chooses to meet the requirements of subsection A of this section
by attending a public school:
1. If
the juvenile had previously been expelled from school, prior to readmission of
that juvenile to the school, school officials shall meet with the appropriate
juvenile court probation officer or department of juvenile corrections case
manager and assist in developing conditions of probation or conditional liberty
that will provide specific guidelines for behavior and consequences for
misbehavior at school as well as educational objectives that must be
achieved. If the juvenile is under the jurisdiction of the juvenile
court, the court shall review the conditions of probation for the juvenile and
may continue the expulsion or return the child to school under the agreed
conditions. If the juvenile is under the jurisdiction of the
department of juvenile corrections, the department shall review the terms of
conditional liberty for the juvenile and may continue the expulsion or return
the child to school under the agreed conditions. The governing board
may expel the juvenile for subsequent actions as provided in title 15, chapter
8, article 3.
2. The
juvenile shall upon on release be
screened by the school to which the juvenile is admitted for possible
disabilities as provided in section 15‑761, paragraph 2 and, if the
screening so indicates, be referred for evaluation for possible placement in a
special education program.
D. The
school district of residence and the juvenile court or the department of
juvenile corrections may establish education, counseling or other programs in
order to improve the behavior and educational performance of juveniles covered
by this section.
E. For
the purposes of this section, "child" or "juvenile"
includes a person who is under eighteen years of age or, if the juvenile court
has retained jurisdiction over the person pursuant to section 8‑202,
subsection H, under nineteen years of age.END_STATUTE"
Renumber to conform
Page 24, after line 12, insert:
"Sec. 13. Section
41-2801, Arizona Revised Statutes, is amended to read:
START_STATUTE41-2801. Definitions
In this
chapter, unless the context otherwise requires:
1. "Committed
youth" or "youth" means a person who is fourteen
years of age or older but who has not yet attained the age of eighteen years
and who has been committed according to law to the department of
juvenile corrections for supervision, rehabilitation, treatment and education and who is either:
(a) at
least fourteen years of age and under eighteen years of age.
(b) Subject
to retained jurisdiction pursuant to section 8‑202, subsection H.
2. "Department"
means the department of juvenile corrections.
3. "Director"
means the director of the department of juvenile corrections.
4. "Educational
system" means the state educational system for committed youth.
5. "Secure
care" means confinement in a facility that is completely surrounded by a
locked and physically secure barrier with restricted ingress and egress. END_STATUTE
Sec. 14. Section
41-2804.01, Arizona Revised Statutes, is amended to read:
START_STATUTESTART_STATUTE41-2804.01. Religious
services advisory committee; appointment; duties; religious programs
A. The
director shall establish a religious services advisory committee to consist of
nine members, no fewer than six of whom shall be representatives of the
religious community. :
1. B. The director shall
appoint the committee members, who shall serve at the director's pleasure. :
(a) The chaplains employed
by the department and the members of the religious services advisory committee
shall make recommendations regarding appointments to the committee.
(b) Committee members
shall not receive compensation.
2. C. The religious services
advisory committee shall meet at least quarterly and shall submit quarterly
progress reports and recommendations to the director.
3. D. The religious services
advisory committee shall advise the director regarding the provision of
religious programs to all youth in secure care facilities who desire the
services.
B. E. The department shall
make available religious programs that accommodate the religious faiths held by
youth in secure care facilities so as
long as the programs would not interfere with the safety or security of the
facility, staff or youth. :
1. F. Participation
in religious programs shall be available to all juveniles youth in secure care facilities. :
(a) Participation in
religious programs by committed juveniles youth
shall be strictly voluntary.
(b) No juvenile
youth shall be coerced to participate in religious
programs nor shall any effort be made to coerce any youth to adopt or change
any religious affiliation or beliefs. END_STATUTE
Sec. 15. Section
41-2815, Arizona Revised Statutes, is amended to read:
START_STATUTE41-2815. Individual
treatment plan; diagnostic assessment; placement
A. The
department shall develop for each committed youth an individual treatment plan
based on a diagnostic psychological evaluation and educational assessment
received from the court pursuant to section 8‑341 or performed by the
department. The individual treatment plan shall take into consideration the
public safety and other factors that are relevant to the youth's treatment,
rehabilitation and education.
B. The
diagnostic assessment that is required by subsection A of this section shall be
conducted under the supervision of a psychologist licensed pursuant to title
32, chapter 19.1. The written evaluation shall include:
1. The
reason for the referral.
2. Relevant
medical findings.
3. A
description of the tests and screening devices that are administered and the
results.
4. An
assessment of the child's youth's intellectual
functioning and levels of achievement, including a neuropsychological screening
and, if applicable, a diagnostic statistical manual‑IIIR diagnosis and
psychoeducational diagnosis.
5. The
developmental, social and educational histories of the child youth.
6. An
analysis of the child's youth's problematic
behavior, including a description of the behavior, its frequency and duration,
any aggravating or mitigating circumstances and the likelihood that the
problematic behavior will recur, and an analysis of related factors.
7. An
assessment of the child's youth's family
system, including the ability of the family to supervise the child
youth and support positive behavior in the child youth. The evaluation may recommend the types of services
needed to strengthen the family's ability to supervise and support the child youth.
8. An
assessment of the child's youth's strengths
and skills especially those related to changing the problematic behavior.
9. Specific
recommendations regarding the level and type of services and supervision that
would address the child's youth's problematic
behavior and educational deficiencies, if any.
C. Based
on the child's youth's individual
treatment plan, the department shall assign each committed youth to an appropriate
educational program in a secure care facility or other
placement. The department shall establish or contract for secure
care facilities and residential and nonresidential community placements and
programs. END_STATUTE
Sec. 16. Section
41-2820, Arizona Revised Statutes, is amended to read:
START_STATUTE41-2820. Discharge
A. Each
youth shall be discharged from the jurisdiction of the department on attaining
eighteen years of age, except that if the juvenile court
retained jurisdiction over the youth pursuant to section 8‑202,
subsection H, the youth shall be discharged from the jurisdiction of the
department on or before attaining nineteen years of age.
B. If
the department determines that the youth's treatment, rehabilitation and
education pursuant to the individual treatment plan have been successfully
completed and that there is a reasonable probability that the youth will
observe the law and will not be a threat to the public's safety if at liberty,
the youth may be granted a discharge. On the discharge of a youth
pursuant to this subsection, the department shall promptly notify the
committing court, the county attorney in the county in which the youth was committed
and the victim or the victim's representative of the discharge.
C. Except
as provided in subsection D of this section, a youth shall be discharged from
the jurisdiction of the department of juvenile corrections if the youth is
convicted of a felony offense.
D. A
youth who is convicted of a felony offense and who committed the offense while
residing in a secure care facility operated by the department of juvenile
corrections either:
1. Shall
be discharged from the department of juvenile corrections if the youth is
sentenced to the state department of corrections.
2. May
be discharged from the department of juvenile corrections if the youth is
placed on adult probation and all the following apply:
(a) The
youth has completed the minimum length of stay in secure care, if any, that was
assigned by the committing juvenile court pursuant to section 8‑341.
(b) The
youth would have been eligible to be placed on conditional liberty pursuant to
section 41‑2818.
(c) The
youth is subject to the jurisdiction of an adult probation department.
E. A
youth may be discharged from the jurisdiction of the department if the youth is
placed by civil commitment under the jurisdiction of another agency.
F. A
youth shall be conditionally discharged from the jurisdiction of the department
if all of the following requirements are satisfied:
1. The
youth has completed the minimum length of stay in a secure care facility, if
any, that was assigned by the committing juvenile court pursuant to section 8‑341.
2. The
United States immigration and customs enforcement enforces a detainer by taking
custody of the youth for immigration proceedings.
3. The
youth must sign signs a condition
that the youth's discharge will be vacated if the youth returns to the United
States without legal authorization.
G. If
the department receives actual notice that a youth who received a discharge
pursuant to this section has returned to the United States without legal
authorization prior to the youth's attaining eighteen years of age, the department
shall:
1. Vacate
the discharge.
2. Place
the youth on conditional liberty status.
3. Issue
a warrant for the apprehension of the youth.
4. Notify
the United States immigration and customs enforcement.
5. Take
the youth into custody.
H. Notwithstanding
subsection A of this section, a youth who is at least eighteen years of age
shall be discharged from the jurisdiction of the department if the jurisdiction
over the youth has been retained pursuant to section 8‑202, subsection H
and the youth is charged with a criminal offense.END_STATUTE""
Amend title to conform
Bill
Number: H.B. 2356