ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: JUD DPA 10-0-0-0-0

HB 2413: juvenile court; dispositions

Sponsor:  Representative Allen J, LD 15

Caucus & COW

Overview

Makes various changes relating to the juvenile court.

History

Currently, if the state files a notice of intent, the juvenile court retains jurisdiction when proceedings are commenced. The court retains jurisdiction over a juvenile who is at least seventeen years of age and who has been adjudicated a delinquent juvenile until the juvenile reaches nineteen years of age unless before the juvenile's nineteenth birthday either of the following conditions apply:

1)    Jurisdiction is terminated by order of the court; or

2)    The juvenile is discharged from the jurisdiction of the department of juvenile corrections. (A.R.S. § 8-202)

The judge who discharges the juvenile at the end of the term of probation will determine if a juvenile who was adjudicated delinquent, and whose period of probation has been completed, may have the right to possess or carry a firearm restored. (A.R.S. § 8-249)

Juveniles who are adjudicated for an offense involving the purchase, possession or consumption of spirituous liquor, placed on juvenile probatio, and who are found to have consumed any spirituous liquor or to have used any drug while on probation, will be found in violation of the juvenile's probation. If a juvenile commits a third or subsequent violation of a condition of probation, the juvenile must be brought before the juvenile court and the court must either revoke probation, hold a disposition hearing or select additional conditions of probation as it deems necessary, including: 1) detention; 2) global position system monitoring; 3) additional alcohol or drug treatment; 4) community restitution; 5) additional drug or alcohol testing; or 6) a monetary assessment. (A.R.S. § 8-341)

The juvenile court, the clerk of the superior court and the juvenile probation department, on notification by the probation department, must destroy the records that concern a referral or citation that did not result in further action or that resulted in a successful completion of diversion within 90 days after the person who was the subject of the referral or citation reaches eighteen years of age. The probation department must send a copy of the notice to the department of public safety central state repository. (A.R.S. § 8-349)

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStates that at any time before an adjudication hearing or a proceeding in which a juvenile is admitting to an allegation in a petition that alleges the juvenile is delinquent, the state may file a notice of intent to retain jurisdiction over a juvenile who is 17 years of age and will retain jurisdiction until the juvenile reaches 19 years of age. (Sec. 1)

2.    States the juvenile court's jurisdiction over a juvenile is retained upon the filing of the notice of intent to retain jurisdiction. (Sec. 1)

3.    Authorizes the juvenile court to modify an outstanding monetary obligation imposed by the court except for victim restitution. (Sec. 1)

4.    Specifies a juvenile whose period of probation has been completed may have the right to possess or carry a firearm restored by the Superior Court in the county where the person was adjudicated. (Sec. 3).

5.    Asserts the clerk of the Superior Court shall process an application that is filed by the person who was adjudicated delinquent or the person's attorney and provide a copy of the application to the county attorney (Sec. 3)

6.    Prohibits the clerk from charging a filing fee for an application to restore the right to possess or carry a firearm. (Sec. 3)

7.    Removes the option for a juvenile's parents to request the court to continue the juvenile's probation for more than one year. (Sec. 6)

8.    Strikes the requirement that the court must provide a first-time felony juvenile offender the following written notice:

a)    You have been adjudicated a first-time felony juvenile offender. You are now on notice that if you are adjudicated of another offense that would be a felony offense if committed by an adult and if you commit the other offense when you are fourteen years of age or older, you will be placed on juvenile intensive probation, which may include home arrest and electronic monitoring, or you may be placed on juvenile intensive probation and may be incarcerated for a period of time in a juvenile detention center, or you may be committed to the department of juvenile corrections or you may be prosecuted as an adult. If you are convicted as an adult of a felony offense and you commit any other offense, you will be prosecuted as an adult. (Sec. 6)

 

9.    Stipulates that juvenile intensive probation services are not required unless the court has made a determination based on the severity of the offense and a risk assessment. (Sec. 6)

10.  Strikes the requirement that the court must provide a repeat felony juvenile offender the following written notice:

a)    You have been adjudicated a repeat felony juvenile offender. You are not on notice that if you are arrested for another offense that would be a felony offense if committed by an adult and if you commit the other offense when you are fifteen years of age or older, you will be tried as an adult in the criminal division of the superior court. If you commit the other offense when you are fourteen years of age or older, you may be tried as an adult in the criminal division of the superior court. If you are convicted as an adult, you will be sentenced to a term of incarceration. If you are convicted as an adult of a felony offense and you commit any other offense, you will be prosecuted as an adult. (Sec 6.)

11.  Strikes the language that the failure or inability of the court to provide the notices required does not preclude the use of the prior adjudications for any purpose otherwise permitted. (Sec. 6)

12.  Removes language that a juvenile who has consumed a spirituous liquor or any illegal drug violates intensive probation, requires additional alcohol and drug testing, and disposition hearings. (Sec. 6)

13.  Eliminates the definition for first-time juvenile felony offender. (Sec. 6)

14.  Adds that a juvenile is a repeat felony offender if both of the following conditions apply to the juvenile:

a)    Was adjudicated for an offense that would be a felony offense if committed by an adult; and

b)    Has a previous and separate adjudication for conduct that would have constituted a historical prior felony conviction if the juvenile was tried as an adult. (Sec. 6)

 

15.  Adds a requirement that on either order of the juvenile court, or on notification by the probation department, the clerk of the superior court and the juvenile probation department must destroy records that concern a referral or citation that did not result in further action. (Sec. 8)

16.  Requires the clerk of the court to notify the department of public safety if a person's juvenile record is destroyed. (Sec. 8)

17.  Contains technical changes. (Sec. 1, 3, 4, 5, 6, 7)

18.  Contains conforming changes. (Sec. 1, 2, 4, 5, 6, 8, 9, 10)

 

Amendments

1. Adds the requirement that the court must provide a first-time felony juvenile offender the following written notice:

This is your first felony offense. If you commit another felony offense and you are fourteen years of age or older, any of the following could happen to you:

1.    You could be tried as an adult in adult criminal court.

2.    You could be incarcerated in the Department of Juvenile Corrections.

3.    You could be placed on juvenile intensive probation that could include incarceration in a juvenile detention center.

 

2. Adds the requirement that the court must provide a repeat felony juvenile offender the following written notice:

            You are now a repeat felony offender. This means:

1.    You will be tried as an adult in adult criminal court if you commit another felony offense and you are fifteen years of age or older.

2.    You could be tried as an adult in adult criminal court if you commit another felony offense when you are fourteen years of age.

3.    You could be incarcerated in the state department of corrections if you are convicted as an adult in adult criminal court.

 

3. Defines first time felony offender.

4. Makes technical and conforming changes.

 

 

 

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Initials LC/SF              Caucus & COW

 

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