State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2571: detained juveniles; advisements; notifications

PRIME SPONSOR: Representative Jermaine, LD 18

BILL STATUS: Health and Human Services

 

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteOutlines 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)

3.        

4.        

5.       ---------- DOCUMENT FOOTER ---------

6.       Fifty-fourth Legislature                       HB 2571

7.       First Regular Session                            Version 1: Health and Human Services

8.        

9.       ---------- DOCUMENT FOOTER ---------