ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: JUD DP 8-0-0-0 | 3^rd Read 29-0-1-0

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SB 1166: juvenile court dispositions

Sponsor:  Senator Petersen, LD 12

Committee on Judiciary

Overview

Modifies requirements and procedures of the juvenile court relating to jurisdiction.

History

Statute requires the juvenile court to retain jurisdiction of a child obtained by the court for the purposes of implementing the orders made and filed in a proceeding, until the child becomes 18 years old, unless: 1) the jurisdiction is terminated by order of the court before that time; or 2) the state files a notice of intent to retain jurisdiction over the juvenile who is at least 17 years old and who has been adjudicated a delinquent juvenile until the juvenile reaches 19 years old, with specified exceptions. Statute also requires the juvenile court to retain jurisdiction after a juvenile becomes 18 years old for the purpose of designating an undesignated felony offense as a misdemeanor or felony, even after an adjudication is set aside (A.R.S. § 8-202).

Juvenile intensive probation is a program of highly structured and closely supervised juvenile probation that emphasizes surveillance, treatment, work, education and home detention (A.R.S. § 8-351). Juvenile intensive probation may include: 1) home arrest and electronic monitoring; 2) incarceration in a juvenile detention center; or 3) commitment to the Arizona Department of Juvenile Corrections (A.R.S. § 8-341).

Statute allows the term of juvenile probation to continue until the juvenile becomes 18 years old or, if jurisdiction is retained, 19 years old. However, statute requires that juvenile probation only exceed one year if specified requirements have been met (A.R.S. § 8-341).

Provisions

1. Allows the state to file a notice of intent to retain jurisdiction over a juvenile who is 17 years of age any time before an adjudication hearing or proceeding in which a juvenile is admitting to an allegation in a petition. (Sec. 1)

2. Requires the juvenile court to retain jurisdiction after a juvenile reaches 18 years of age for the purpose of modifying an outstanding monetary obligation imposed by the court, unless the monetary obligation is for victim restitution. (Sec. 1)

3. Prohibits the clerk of the superior court from charging a filing fee for an application to restore a person's right to carry or possess a firearm. (Sec. 2)

4. Allows the superior court in the county in which the person was adjudicated to restore a person's right to possess a firearm. (Sec. 2)

5. Requires the clerk of the superior court to serve a copy of an application to restore a person's right to carry or possess a firearm to the county attorney. (Sec. 2)

6. Modifies the written notice the court is required to provide to a juvenile adjudicated as a first-time felony juvenile offender. (Sec. 3)

7. Removes home arrest, electronic monitoring and commitment to the Arizona Department of Juvenile Corrections from juvenile intensive probation for repeat felony juvenile offenders over 14 years of age. (Sec. 3)

8. Permits the court to determine that juvenile intensive probation services are not required for repeat juvenile offenders over 14 years of age, depending on the severity of the offense and risk assessment. (Sec. 3)

9. Removes the requirement that a juvenile be found in violation of probation if the juvenile:

a) Has been adjudicated delinquent for an offense involving the purchase, possession or consumption of drugs or liquor;

b) Is placed on juvenile probation; and

c) Is found to have consumed liquor or to have used any drugs while on probation. (Sec. 3)

10. Removes the requirement that a juvenile be discharged by the court to have a juvenile adjudication set aside. (Sec. 4)

11. Requires, on order of the juvenile court after a person files an application with the court, the clerk of the superior court, juvenile court and the juvenile probation department to destroy records:

a) That concern a referral or citation that did not result in further action;

b) That resulted in a successful completion of diversion within 90 days after the person who was the subject of the referral or citation reaches 18 years of age; or

c) When the destruction is ordered by the court. (Sec. 5)

12. Requires the clerk of the court to notify the Department of Public Safety if a juvenile record is destroyed. (Sec. 5)

13. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6)

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17.                   SB 1166

18. Initials LC  Page 0 Judiciary

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