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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
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HB 2385: juveniles; monetary sanctions; repeal
Sponsor: Representative Blackman, LD 6
Committee on Criminal Justice Reform
Overview
Removes statute relating to court-ordered fees and fines for juveniles, except for victim restitution and specific driving under the influence offenses.
History
Throughout statute, the court may order a juvenile, or the juvenile's parents, to pay fees or fees for offenses in which the juvenile was adjudicated delinquent (A.R.S. § 8-418). The court may also require the juvenile, or the juvenile's parents, to pay for the costs of court-ordered counseling, court-appointed attorneys, the juvenile's costs while in custody, fees related to community-based alternative programs, juvenile supervision or other related programs (A.R.S. §§ 8-241, 8-243.01, 8-323).
Provisions
1. Removes the obligation of a juvenile, or the juvenile's parents, to pay the costs of a court-appointed attorney. (Sec. 1)
2. Prohibits the court from ordering a parent or guardian to pay the costs of counseling or treatment program related to the participation in a court-ordered diversion program. (Sec. 2)
3. Repeals A.R.S. § 8-241 requiring a juvenile's parent to pay fees to an agency for juvenile supervision. (Sec. 3)
4. Prohibits the juvenile court from ordering a juvenile's parent or guardian to pay for foster care costs or other related programs. (Sec. 4)
5. States the juvenile court is prohibited from ordering the juvenile, or the juvenile's parents, to pay for medical, maintenance or other costs while the juvenile is in the custody of the department of juvenile corrections, juvenile detention facility or a similar agency. (Sec. 4)
6. Repeals A.R.S. § 8-243.01 relating to fees charged to the juvenile, or the juvenile's parents, by the juvenile court to cover the juvenile's costs while in custody. (Sec. 5)
7. States the court may not order a juvenile who is in a residential placement as a term of probation, detention or incarceration, or the juvenile's parents, to pay for treatment expenses. (Sec. 7)
8. Prohibits the court from ordering a child, or the child's parents, to pay for the costs of court-ordered family counseling sessions. (Sec. 9)
9. Limits fines from exceeding $250 for consequences agreed upon by participants in a community-based alternative program. (Sec. 10)
10. Prohibits the county attorney or juvenile court from requiring a juvenile, or the juvenile's parents, to pay a fee for a community-based alternative or diversion program. (Sec. 10)
11. Allows a juvenile to satisfy a monetary assessment, fine or penalty through community restitution. (Sec. 10, 12)
12. States the court may not use a juvenile's failure to pay fees, costs or fines as a reason to continue supervision. (Sec. 13)
13. Restricts the court from ordering a juvenile under the jurisdiction of the juvenile court to pay a fee or cost that is not specifically required by the offense. (Sec. 14)
14. States if a juvenile is adjudicated delinquent for a violation related to driving under the influence, the court may order the juvenile to pay a fine not exceeding $250 or to perform no more than 20 hours of community restitution. (Sec. 15)
15. Prohibits the court from ordering the juvenile, or the juvenile's family, to pay for a term of detention or screening, education or treatment costs related to a violation for driving under the influence. (Sec. 15)
16. Removes language authorizing the juvenile court to enter a juvenile restitution order in favor of the state for an unpaid balance from imposed assessments or fees. (Sec. 16)
17. Specifies that if the juvenile court grants a set aside application, any remaining unpaid victim restitution continues to be owed. (Sec. 17)
18. Removes the requirement that all monetary obligations have been paid in full before a person requests or the court grants the destruction of juvenile court records. (Sec. 18)
19. Repeals A.R.S. § 8-418 relating to fees paid to the superior court clerk by a juvenile adjudicated delinquent for offenses involving a victim. (Sec. 19)
20. Alters the funding source of the children and family services training program fund. (Sec. 20)
21. Removes diversion fees as a funding source for the county attorney juvenile diversion fund. (Sec. 21)
22. Removes the requirement for a juvenile, or the juvenile's parents, to reimburse the county for the juvenile's legal services. (Sec. 22)
23. States surcharges may not be applied to juveniles ordered to participate in a defensive driving school program or similar diversion program. (Sec. 23)
24. Removes fees for juveniles paying a court-ordered penalty on a time payment basis. (Sec. 24)
25. States surcharges and penalty assessments imposed on civil and criminal offenses do not apply to people who were juveniles at the time of the offense. (Sec. 25, 26, 27)
26. Removes people adjudicated delinquent for a dangerous crime against children from paying a court-ordered $500 assessment. (Sec. 28)
27. Removes family counseling services fees and probation fees as a funding source for the juvenile probation fund. (Sec. 29)
28. Removes court-ordered fees collected from juveniles as a funding source for the victims' rights fund. (Sec. 31)
29. States unpaid balances and unsatisfied civil judgments resulting from court-ordered fees relating to specific juvenile offenses are vacated, uncollectable and discharged. (Sec. 34)
30. Requires the administrative office of the courts to establish procedures to vacate all unpaid outstanding balances resulting from court-ordered fees or surcharges relating to specific juvenile offenses. (Sec. 24)
31. Contains an unspecified delayed effective date. (Sec. 35)
32.
Makes technical and
conforming changes. (Sec. 1 - 33)
33.
34.
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36. HB 2385
37. Initials LC Page 0 Criminal Justice Reform
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