HB 2571: detained juveniles; advisements; notifications |
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PRIME SPONSOR: Representative Jermaine, LD 18 BILL STATUS: Caucus & COW |
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Outlines requirements for a peace officer who is taking a juvenile into temporary custody.
History
A child is required to be taken into temporary custody under an order of a juvenile court or pursuant to a warrant issued according to the laws of arrest and is prohibited from being detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained. A juvenile may be taken into temporary custody if: 1) there are reasonable grounds to believe that the juvenile has committed a delinquent act or is incorrigible; or 2) there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.
A peace officer is required to take a juvenile into temporary custody when there are reasonable grounds to believe the juvenile has either: 1) committed a criminal act or delinquent act, which if committed by an adult could be a felony or breach of the peace; or 2) has been apprehended in commission of a criminal or delinquent act, which if committed by an adult would be a felony. A juvenile who is in temporary custody may only be released to the parents, guardian or custodian of the juvenile or to the juvenile court. (A.R.S. § 8-303)
Provisions
1. Requires a peace officer taking a juvenile into temporary custody to do the following:
a. Immediately advise the juvenile of the juvenile's legal rights in a language the juvenile can understand;
b. Immediately notify the juvenile's parent, guardian or custodian of the juvenile's custody;
c. Advise the juvenile's parent, guardian or custodian of the juvenile's legal rights; and
d. Notify the public defender or court appointed special advocate of the juvenile's custody, if the juvenile is a ward of the state. (Sec. 1)
2. Makes conforming changes. (Sec. 1)
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6. Fifty-fourth Legislature HB 2571
7. First Regular Session Version 2: Caucus & COW
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