ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	Senate: JUD DPA 7-0-1-0 | 3^rd Read 27-0-3-0 House: JUD DP 8-0-0-2 | 3^rd Read 57-0-3-0

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SB1073: juveniles; adjudication; disposition; probation

Sponsor: Senator Barto, LD 15

Transmitted to the Governor

Overview

Revises requirements related to a juvenile's adjudication, disposition and probation.

History

In determining which facility a prescribed juvenile is detained in, the court considers all the following:

1) The best interest of the juvenile and the other detained juveniles in the juvenile detention center;

2) The severity of the juvenile's charges;

3) The existing programs at the juvenile detention center and the adult facility; and

4) Any other relevant factor (A.R.S. § 8-305).

Pending a juvenile court order, the juvenile court, the superior court clerk and the juvenile probation department must destroy juvenile records that concern a referral that did not result in adjudication or that resulted in the successful completion of diversion (A.R.S. § 8-349).

The court must notify the school where the juvenile is enrolled that the juvenile has been convicted of a dangerous or sexual offense and is on probation. A school must transmit a notice of a juvenile's dangerous or sexual offense conviction to the school the juvenile attends (A.R.S. § 8-350).

A juvenile on intensive probation is required to participate in a sanctioned activity for not less than 32 hours each week (A.R.S. § 8-352). Juvenile intensive probation teams consist of variations of juvenile probationer and surveillance officers (A.R.S. § 8-353). The court may modify the placement or level of supervision of a juvenile on intensive probation (A.R.S. § 8-354). The court may waive juvenile intensive probation teams standards (A.R.S. § 8-356).

Provisions

1. Specifies that the court appoints an attorney for a child in delinquency proceedings commencing with a petition or detention. (Sec. 1)

2. Stipulates that if the court orders the detention, a juvenile arrested for a felony offense may be detained in a juvenile detention center. (Sec. 3)

3. Deletes the requirement that the court consider the severity of the charges against the juvenile charged as an adult when determining the facility a juvenile is detained in. (Sec. 3)

4. Outlines the information the court must consider when determining the facility a juvenile is detained in. (Sec. 3)

5. Outlines the procedure for a motion to transfer a juvenile from a detention center. (Sec. 3)

6. Removes the definition of dangerous offense. (Sec. 3)

7. States that the monies in the juvenile probation services fund may be used to obtain and operate a state-approved case management system. (Sec. 4)

8. Specifies that the state-approved case management system serves individuals placed on probation or juveniles referred to the juvenile court. (Sec. 4)

9. Revises the records that are eligible for destruction. (Sec. 5)

10. Removes the requirement that a school transmit a notice of a juvenile's dangerous or sexual offense conviction to the school that the juvenile attends. (Sec. 6)

11. Specifies that while on probation, if a juvenile enrolls in a different school, the court must provide notice of a juvenile's dangerous or sexual offense conviction to the new school in which the juvenile is enrolled. (Sec. 6)

12. Revises the definition of juvenile intensive probation. (Sec. 7)

13. Strikes the minimum length of time a juvenile participates in an activity imposed as a condition of intensive probation. (Sec. 8, 11)

14. Includes any applicable monetary obligations, including victim restitution, as a condition of a juvenile's intensive probation. (Sec. 8)

15. Limits the power to appoint juvenile intensive probation teams to the director of juvenile courts services. (Sec. 9)

16. Specifies that juvenile intensive probation teams may consist of the prescribed personnel. (Sec. 9)

17. Includes that a juvenile intensive probation team must exercise close supervision over juveniles as appropriate. (Sec. 9)

18. Removes the requirement that a juvenile intensive probation team request the county attorney to bring a noncompliant probationer before the court. (Sec. 9)

19. Allows the juvenile intensive program team to supervise additional juveniles on probation based on the determination by the Director of Juvenile Court Services. (Sec. 9)

20. Provides that the juvenile probation officer may modify the juvenile's level of intensive probation. (Sec. 10)

21. Specifies that the court must revoke intensive probation if an additional felony offense committed by a juvenile poses a serious threat to or danger to the community. (Sec. 10)

22. Repeals statute pertaining to waiver of juvenile intensive probation teams standards. (Sec. 12)

23. Requires a juvenile to be enrolled in school and be transferred to the superior court criminal division to be eligible for release by a judicial officer. (Sec. 13)

24. Makes technical and conforming changes. (Sec. 1-10, 13)

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28.                   SB 1073

29. Initials LC/DG       Page 0 Transmitted

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