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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
juveniles; adjudication; disposition; probation
Purpose
Modifies requirements and processes related to juvenile intensive probation teams and allows juveniles who have committed a dangerous offense to be detained in juvenile detention facilities.
Background
Current statute requires a juvenile probation officer, when determining whether to place the juvenile in a period of intensive probation, to evaluate the needs of the juvenile and the juvenile's risk to the community, including the nature of the offense, the delinquent history of the juvenile, the juvenile's history of referrals and adjustments and the recommendation of the juvenile's parents. Intensive probation is required to be conditioned on certain factors, including: 1) participation in school, a treatment program, employment, supervised community restitution or another activity that improves prosocial skill development; 2) paying victim restitution and probation fees; 3) remaining in a place of residence at all times except to attend approved activities; 4) allowing administration of drug and alcohol tests; and 5) meeting any other conditions imposed by the court (A.R.S. § 8-352).
The chief juvenile probation officer or the director of court services in each county is required to appoint juvenile probation teams consisting of probation officers, or probation officers and surveillance officers, which may only supervise a limited number of juveniles at any one time. The responsibilities of juvenile intensive probation teams include: 1) keeping a complete identification record of each juvenile supervised by the team and a written statement of the probation conditions; 2) exercising close supervision and observation over juveniles, including visual contact at least four times weekly and weekly contact with the juvenile's school, employer, community restitution agency or treatment program; 3) maintaining information concerning the conduct of the juvenile; and 4) any other responsibilities required by the terms and conditions imposed by the court (A.R.S. § 8-353).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Juvenile Intensive Probation Teams
1. Specifies that juvenile intensive probation should emphasize individualized interventions and services for juveniles who are deemed appropriate for the program, rather than surveillance, treatment, work, education and home detention.
2. Removes the minimum 32 hour per week activity requirement for juveniles in intensive probation.
3. Requires the juvenile intensive probation team to maintain routine contact or verification with the juvenile's school, employer, community restitution agency or treatment program as deemed appropriate, rather than maintaining weekly contact with such entities.
4. Allows the juvenile intensive probation team to maintain visual contact with the juvenile at least 4 times weekly, or as otherwise deemed appropriate.
5. Specifies that intensive probation is conditioned on the juvenile paying victim restitution and all applicable monetary obligations.
6. Specifies that a juvenile may participate in prosocial activity that need not be specifically allowed in each instance by the supervising juvenile probation officer.
7. Removes the ability of the juvenile intensive probation team to request the county attorney to bring a noncompliant probationer or a probationer who fails to pay restitution or probation fees before the court.
8. Specifies that the juvenile intensive probation team is required to monitor the payment of restitution and monetary obligations imposed by the court.
9. Allows juvenile intensive probation teams to consist of only one juvenile probation officer.
10. Limits the number of juveniles that may be supervised by one-person intensive probation teams to not more than 15 juveniles at one time.
11. Allows the juvenile probation team to supervise additional juveniles on probation if the Director of Juvenile Court Services (Director) determines that the juveniles require additional supervision or pose a greater than normal risk to the community and the intensive probation team's total case load does not exceed limits outlined in statute.
12. Repeals statute allowing the Supreme Court to waive requirements relating to the structure of juvenile intensive probation teams, how many juveniles teams are allowed to supervise and conditions of intensive probation.
13. Allows a juvenile probation officer to modify the juvenile's level of intensive probation.
14. Requires the court to revoke intensive probation and hold disposition of the juvenile if the juvenile commits a felony offense that poses a serious threat or danger to the community, rather than any additional felony offense.
Juvenile Probation Services Fund (Fund)
15. Allows monies in the Fund to be used to obtain, operate and maintain a state-approved case management system that serves persons placed on probation or juveniles referred to the juvenile system.
Juvenile Detention Centers
16. Removes the prohibition on juveniles who have committed a dangerous offense from being detained in a juvenile detention center.
17. Requires all of the following to be considered when determining whether to order a juvenile to be detained in a juvenile detention center or an adult facility:
a) the juvenile's age;
b) the juvenile's physical and mental maturity;
c) the juvenile's present mental state, including whether the juvenile presents an imminent risk of harm to the juvenile;
d) the nature and circumstances of the alleged offense;
e) the juvenile's history of prior delinquent acts; and
f) the relative ability of the available adult and juvenile detention facilities to meet the specific needs of the juvenile and to protect the safety of the public as well as other detained juveniles.
18. Removes the requirement that the severity of the charges against the juvenile charged as an adult be considered when determining placement in a juvenile detention facility or adult facility.
19. Allows the Director in the county in which the juvenile is detained to file a motion requesting a juvenile who is charged as an adult to be transferred to an adult facility based on the juvenile's conduct while in detention.
20. Requires the court, on the Director's request for the juvenile's transfer, to hold a hearing to consider the transfer and all relevant factors.
Delinquency Proceedings
21. Requires an attorney to be appointed in all delinquency proceedings that are commenced with a petition or that may involve detention, rather than all delinquency proceedings.
22. Specifies that the attorney is required to represent the child through dismissal, rather than through permanency, in a dependency proceeding.
Risk Needs Assessment
23. Requires a juvenile risk needs assessment to be completed for each juvenile that is adjudicated delinquent in juvenile court, rather than for each juvenile that is referred to the juvenile court.
Destruction of Records
24. Requires records concerning a referral or citation that did not result in an adjudication to be destroyed, rather than those that did not result in further action resulting in successful completion of a diversion program.
School Notification
25. Requires the court, if a juvenile has been adjudicated delinquent for or convicted of a dangerous offense or certain sexual offenses, to notify any non-district school in which the juvenile is enrolled.
26. Requires the court, if a juvenile withdraws from a school while on probation and enrolls in a different school, to notify the new school in which the juvenile is enrolled.
27. Allows any non-district school to request the criminal history of individual students from the court.
28. Requires a judicial officer
who orders the release of certain juveniles to notify appropriate
non-district schools on the release of the juvenile from custody.
Miscellaneous
29. Makes technical and conforming changes.
30. Becomes effective on the general effective date.
Prepared by Senate Research
January 18, 2022
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