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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
juvenile court; dispositions
Purpose
Modifies requirements and procedures of the juvenile court relating to the retention of jurisdiction and information provided to juvenile offenders.
Background
Under current law, if the state files a notice of intent to retain jurisdiction when delinquency and incorrigibility proceedings are commenced, the juvenile court must retain jurisdiction over a juvenile who is at least 17 years old and who has been adjudicated delinquent until the juvenile reaches 19 years old (A.R.S. § 8-202).
A person who has been adjudicated delinquent and whose period of probation has been completed may have the right to possess or carry a gun or firearm restored by the judge who discharges the person at the end of the person's term of probation upon proper application. The clerk of the superior court is required to process an application and the applicant must serve a copy of the application on the county attorney (A.R.S. § 8-249).
If a juvenile who is 14 years old or older and is adjudicated as a repeat felony juvenile offender, the juvenile court must place the juvenile on juvenile intensive probation, which may include home arrest, electronic monitoring and incarceration for a period of time in a juvenile detention center.
A juvenile who is adjudicated delinquent for an offense involving the purchase, possession or consumption of spiritous liquor or a drug offense and is placed on juvenile probation and who is found to have consumed any spiritous liquor or drug listed pursuant to statute while on probation is in violation of their 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, if the allegations are proven, the court must either revoke probation and hold a disposition hearing or select additional conditions of probation as necessary (A.R.S. § 8-341).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Jurisdiction of Juvenile Court
1. Requires the state to file a notice of intent to retain jurisdiction over a juvenile who is 17 years old before an adjudication hearing or a proceeding, rather than when proceedings are commenced, in order to retain jurisdiction over the juvenile until age 19.
2. Specifies that the juvenile court's jurisdiction over a juvenile is retained upon the filing of the notice of intent to retain jurisdiction.
3. Requires the juvenile court to retain jurisdiction after a juvenile's 18th birthday for the purpose of modifying an outstanding monetary obligation imposed by the court, except for victim restitution.
Restoration of Civil Rights
4. Specifies that a person who was adjudicated delinquent and 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, rather than by the judge who discharges the person, at the end of the person's term of probation.
5. Requires the clerk of the superior court, rather than the applicant, to serve a copy of an adjudicated delinquent's application to have the right to carry or possess a firearm restored on the county attorney.
6. Prohibits the clerk of the superior court from charging a filing fee for an application to restore the right to carry or possess a firearm.
Juvenile Intensive Probation
7. Removes the request of a juvenile's parents that the juvenile's period of probation exceed one year as a requirement for extending a juvenile's term of probation to more than one year.
8. Removes the juvenile court's ability to place a juvenile on home arrest and electronic monitoring while on juvenile intensive probation.
9. Specifies that the juvenile court may incarcerate a juvenile in a juvenile detention center while on juvenile intensive probation unless the court determines, based on the severity of the offense and a risk assessment, that the juvenile intensive probation services are not required.
10. Removes the consumption of any spirituous liquor or drug listed pursuant to statute as a violation of a juvenile's probation.
11. Modifies the written notices provided by the court to first time and repeat felony juvenile offenders.
12. Removes the stipulation that the failure or inability of the court to provide the required notice to a first-time felony juvenile offender or a repeat felony juvenile offender does not preclude the use of prior adjudications for permitted purposes.
Destruction of Juvenile Records
13. Specifies that the court may modify any monetary obligation imposed by the court except for victim restitution.
14. Expands the authorization to destroy records that contain a referral or citation that did not result in further action or that resulted in successful completion of diversion within 90 days after the person reaches 18 years old to include an order by the juvenile court after the person files an application to destroy records with the court.
15. Requires the clerk of the court to notify the Department of Public Safety if a person's record is destroyed.
Set Aside Adjudication
16. Removes the requirement that a person applying to the juvenile court to set aside a delinquent adjudication receive a discharge ordered by the court.
Miscellaneous
17. Makes technical and conforming changes.
18. Becomes effective on the general effective date.
House Action
JUD 2/5/20 DPA 10-0-0-0
3rd Read 2/19/20 60-0-0
Prepared by Senate Research
March 3, 2020
JA/ML/kja