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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
REVISED
juvenile offenders; monetary sanctions; repeal
Purpose
Eliminates court-ordered fees for juveniles, except for victim restitution and specified driving under the influence (DUI) offenses.
Background
The court may order a juvenile, or the juvenile's parent or guardian, to pay certain monetary assessments for offenses for which the juvenile was adjudicated delinquent. The court may also require the juvenile, or the juvenile's parent or guardian, to pay for the costs of court-ordered counseling, court-appointed attorneys, costs incurred while the juvenile is in custody, fees related to community based alternative programs, juvenile supervision and other related programs (A.R.S. §§ 8-241; 8-243.01; 8-323; and 8-418).
The Joint Legislative Budget Committee fiscal note estimates that S.B. 1197 would reduce state and local revenues by about $2.1 million per year. Of this amount, state revenues would be reduced by $574,800, with a $9,000 impact specifically to the state General Fund, and local government revenues would be reduced by $1.5 million (JLBC fiscal note).
Provisions
1. Removes the requirement that the parent or guardian of a juvenile reimburse the costs of a court-appointed attorney in an amount that the parent or guardian is able to pay without incurring substantial financial hardship.
2. Prohibits the court from ordering a parent or guardian to pay the cost of any counseling, treatment or education program ordered for a diversion program.
3. States that specified health insurers or an Arizona Health Care Cost Containment System contractor are not prevented from covering an expense that is related to a child's treatment of care.
4. Repeals statute requiring a juvenile's parent to pay a fee of at least $50 a month to a supervising agency for the supervisor of the juvenile.
5. Prohibits the juvenile court from ordering a child or the child's parent or guardian to pay for foster care, treatment or education program services required for a diversion program.
6. Removes requirements and specifications relating to payment schedules and handling of transactions for foster care, treatment or education program services rendered.
7. Prohibits the juvenile court from ordering a child or the child's parent or guardian to pay for expenses and maintenance, including medical, dental and mental health care expenses, while the child is committed to the custody of the Arizona Department of Juvenile Corrections (ADJC) or other similar entity.
8. Removes requirements and specifications relating to payment schedules and the handling of transactions for services rendered while a child is in the custody of ADJC or other similar entity.
9. Prohibits the juvenile court from ordering a child or the child's parent or guardian to pay for food, clothing, shelter and supervision services while the child is detained in a juvenile detention facility.
10. Removes requirements and specifications relating to payment schedules and the handling of transactions for services rendered by a juvenile detention facility.
11. Removes the authorization of a court to waive all or part of expenses incurred by a juvenile for various services based on specified criteria and related requirements.
12. Repeals statute relating to the deposit of monies received by the Arizona Department of Child Safety into the Children and Family Services Training Program Fund (Fund).
13. Removes the specification that a court is not prohibited from entering a parental assessment order for specified juvenile services.
14. Prohibits a court from ordering a child or the parent or guardian of a child who is in residential placement as a term of probation, detention or incarceration to pay for treatment expenses.
15. Prohibits the court from ordering a child or the parent or guardian of a child from paying for the cost of authorized counseling sessions or other services.
16. Removes requirements and specifications relating to payment schedules and the ability of a minor, parent or guardian to pay for expenses incurred for counseling.
17. Allows the payment of a monetary assessment imposed for a delinquent or incorrigible act to be satisfied through community restitution, credited at a rate equal to Arizona's minimum wage rounded up to the nearest dollar.
18. Caps, at $250, monetary sanctions or fines imposed for agreed upon consequences in a community based alternative program.
19. Removes the authorization of a community based alternative program contract between a juvenile, the juvenile's parent or guardian and the victim to require a parent or guardian to post a bond payable to Arizona to secure the performance of any consequence imposed in the program.
20. Prohibits the county attorney or juvenile court from assessing or requiring the juvenile or the juvenile's parent or guardian to pay a fee or the cost for an authorized community based alternative program or diversion program.
21. Eliminates a $50 fee assessed on the parent of a juvenile diverted to a community based alternative program and eliminates exceptions and stipulations related to the $50 fee.
22. Prohibits the payment of a monetary assessment from being used as a condition for the juvenile to comply with the consequences set by a community based alternative program.
23. Prohibits a monetary assessment that a juvenile is ordered to pay for specified violations from including lawful surcharges and assessments.
24. Allows a court to order a juvenile to pay lawful surcharges, fines, civil penalties and assessments for a non-felonious vehicle-related violation.
25. Prohibits a court from using a juvenile's failure to pay fees, costs or fines as a reason to continue probationary supervision.
26. Removes the ability of the court to order a juvenile to pay a reasonable monetary assessment based on the age, physical and mental condition and earning capacity of the juvenile.
27. Removes the ability of the Director of ADJC to require the performance of community restitution if it is determined that enforcement of an order for a monetary assessment is not cost-effective.
28. Removes the ability of a court to impose a $150 monetary assessment on a child that is adjudicated incorrigible.
29. Eliminates a $500 monetary assessment for conviction of unlawful purchase, possession or consumption of spirituous liquor.
30. Removes the requirement that a monetary assessment be satisfied in a lump sum, installments or through community restitution.
31. Prohibits a court from ordering a juvenile who is under the jurisdiction of the juvenile court or the juvenile's parent or guardian to pay a fee, fine or cost that is not specifically required by an offense or citation.
32. States that, notwithstanding any other law, a juvenile or juvenile's parent is not prevented from paying a fine in lieu of performing community restitution if the court provides the option.
33. Allows a court to order a juvenile adjudicated delinquent for a DUI violation to pay a $250 fine, rather than a fine between $250 and $500.
34. Reduces, from 80 hours to 20 hours, the number of hours of community restitution a court may order a juvenile to perform for a DUI violation.
35. Prohibits the court from ordering the juvenile or the juvenile's parent or guardian to pay the costs of alcohol or drug screening, education or treatment.
36. Prohibits, rather than requires, a court from ordering a juvenile sentenced to a term of detention or the juvenile's parent or guardian from reimbursing the county that is responsible for the costs of the juvenile's detention.
37. Removes the authorization for the court to determine the amount of detention costs to be paid based on certain factors.
38. Removes the requirement that the court, on termination of the juvenile's probation, enter a juvenile restitution order in favor of the state for the unpaid balance of any costs, fees, surcharges or monetary assessments imposed.
39. Specifies that any unpaid victim restitution, rather than any monetary obligation, continues to be owed on granting of a set aside application and is subject to specified remedies.
40. Requires a juvenile to have paid all fines, rather than all monetary obligations, when applying to have the juvenile's court and ADJC records destroyed.
41. Allows a court to modify any fine, rather than any monetary obligation, on a showing of good cause, including victim restitution.
42. Prohibits the juvenile court from considering fees, assessments and surcharges when determining whether to destroy the juvenile's court ADJC records.
43. Repeals statute relating to a $25 implementation fee that must be paid to the clerk of the court by the parent of the juvenile.
44. Specifies that monies in the Fund do not consist of monies collected from juvenile fees, and that monies in the Fund may not be used to enhance the collection of monies by juveniles.
45. Specifies that the Department of Child Safety must use monies, rather than monies collected from copying costs, to reimburse labor, editing and copying charges.
46. Specifies that the County Attorney Juvenile Diversion Fund does not consist of fees collected for community based alternative programs.
47. Prohibits the court from assessing a $25 administrative fee to a juvenile or the juvenile's parent or guardian for public defender services.
48. Prohibits the court from ordering the assessment of administrative fees to reimburse the cost of legal services.
49. Prohibits a time payment fee from being assessed on a juvenile's penalty, fine or sanction ordered by a court.
50. Removes the requirement that a person adjudicated delinquent for a dangerous crime against children pay a $500 assessment.
51. Specifies that the Victims' Rights Fund does not consist of monies collected from implementation fees.
52. Removes the requirement that a committed youth in a secure care facility be subject to a monetary assessment by the court, and that a minimum of two-thirds of any compensation earned be paid to the clerk of the court or used to defer the costs of room and board for maintaining the committed youth at the secure care facility.
53. States that, notwithstanding any other law, the unpaid balance of any fee, cost, surcharge or monetary assessment that was imposed on a juvenile of the juvenile's parent or guardian before the general effective date is eligible to be vacated.
54. Prohibits collection enforcement measures from being initiated on eligible unpaid balances after the general effective date.
55. States that, notwithstanding any other law, all unsatisfied civil judgements or portions or judgements that were entered before the general effective date for an unpaid fee, cost, surcharge or monetary assessment that was imposed on a juvenile or the juvenile's parent or guardian are eligible to be deemed null and void and, for all legal purposes, vacated.
56. Requires the Administrative Office of the Courts, within six months after the general effective date, to develop and implement clear and accessible procedures for an individual to request a court to vacate an eligible unpaid balance and unsatisfied civil judgement.
57. Requires the court to grant a request to vacate an eligible unpaid balance and unsatisfied civil judgement within 60 days after the request is filed with the court.
58. Allows the court to automatically vacate any eligible unpaid balance and unsatisfied civil judgement by judicial discretion without requiring the juvenile or juvenile's parents or guardians to make a request.
59. Requires the court, if the court has referred the unpaid outstanding balance to a private collection agency and that balance has been vacated, to promptly inform the agency that the balance is void and not collectible.
60. Requires the Arizona Supreme Court, within six months after the general effective date, to make a reasonable effort to notify any individual who may be eligible that the individual may request the court to vacate any unpaid balance and unsatisfied civil judgement imposed by the juvenile court.
61. Requires the notification, at a minimum, to be posted in a conspicuous place on the court's website and may include public service announcements or other notifications.
62. Requires the clerk of the court to notify the county recorder of all applicable vacated civil judgements.
63. Requires the Supreme Court, by December 31, 2025, to report to the Legislature, by county:
a) the number of unpaid balances and unsatisfied civil judgements vacated and discharged or partially vacated by judicial discretion or by petition;
b) the amount of the balances vacated; and
c) the number of orders vacated automatically or by request.
64. Makes technical and conforming changes.
65. Becomes effective on the general effective date.
Revisions
ˇ Updates the fiscal impact statement.
Prepared by Senate Research
March 9, 2023
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