ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

HB 2751: detained juveniles; advisements; notifications

Sponsor: Representative Jermaine, LD 18

Committee on Judiciary

Overview

Mandates that a peace officer notify the juveniles parents within ninety minutes of taking the juvenile into custody.

History

Current statute defines juvenile as an individual under the age of 18-years-old at the time the issue of competency is raised. (A.R.S. § 8-291)

A juvenile can be taken into temporary custody by a peace officer if there are reasonable grounds to suspect the juvenile has committed a delinquent act. The juvenile can only be released from temporary custody to the juvenile's legal custodian or to the juvenile court. (A.R.S. § 8-303)

When determining if a child should be taken into custody, the peace officer or child safety worker may consider the participation of the legal custodian in the Healthy Families program as a mitigating factor. (A.R.S. § 8-303)

The Arizona Department of Child Safety oversees the Healthy Families program. Its goals are to promote the child's wellness and proper development, strengthen family relations and reduce child neglect. (A.R.S. § 8-481)

Provisions

1. Instructs a peace officer who takes a juvenile into temporary custody to perform the following:

a) Inform the juvenile immediately of their legal rights in plain language to the juvenile;

b) Notify the juvenile's legal custodian within 90 minutes of the juvenile being taken into custody; and

c) Advise the juvenile's legal custodian of the juvenile's legal rights. (Sec. 1)

2. Specifies that if a juvenile is a ward of the state and is taken into custody, the arresting peace officer must notify the public defender or a court-appointed special advocate. (Sec. 1)

3. Contains conforming changes. (Sec. 1)

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7. Initials LC/GK Judiciary

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