ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: JUD DP 6-4-0-0

HB2309: detained juveniles; advisements; notifications

Sponsor: Representative Jermaine, LD 18

House Engrossed

Overview

Outlines procedure for a peace officer who takes a juvenile into temporary custody.

History

A juvenile taken into temporary custody must not be detained in a police station or jail where adults are detained. A juvenile may be taken into temporary custody following an order of the juvenile court or an issued warrant (A.R.S. § 8-303).

A juvenile may be taken into temporary custody:

1) By a peace officer, without a warrant, provided there is reason to believe that the juvenile has committed a delinquent act, is incorrigible or has run away from the juvenile's guardian;

2) By a private person when a juvenile in his presence has committed a misdemeanor amounting to a felony or when a felony has been committed and he has reasonable ground to believe that the juvenile to be taken has committed it; or

3) By a peace officer provided there is reason to believe that a juvenile has committed or failed to commit a criminal act which, if committed by an adult, could be a felony (A.R.S. § 8-303).

The peace officer may consider the participation of the guardian as a mitigating factor in determining if a child should be taken into custody. A juvenile may be released to a guardian or the juvenile court if the juvenile is believed to have committed or failed to commit a crime which, if committed by an adult, could be a felony. An individual is guilty of class 2 misdemeanor if they knowingly interfere with the takings of a juvenile into temporary custody (A.R.S. § 8-303).

Provisions

1. Outlines procedure for a peace officer who takes a juvenile into temporary custody:

a) The officer must advise the juvenile before questioning of the juvenile's juvenile Miranda rights in a comprehensible language to the juvenile;

b) The officer, as soon as is practicable, must make a good faith effort to notify the juvenile's guardian of the juvenile's custody, unless doing so would pose a risk to the juvenile;

c) The officer must advise the juvenile's guardian of the juvenile's juvenile Miranda rights; and

d) If a juvenile is a ward of the state, the officer must notify the public defender or guardian ad litem of the juvenile's custody. (Sec. 1)

2. Makes conforming changes. (Sec. 1)

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6. HB 2309

7. Initials LC/DG Page 0 House Engrossed

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