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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
diversion; juveniles; conditions
Purpose
Allows a juvenile offender to voluntarily participate in a religious program that is approved by the court.
Background
Except as outlined, before a petition is filed or an admission or adjudication hearing is held, the county attorney may divert the prosecution of a juvenile who is accused of committing a delinquent act or a child who is accused of committing an incorrigible act to a community based alternative program or to a diversion program administered by the juvenile court.
If the county
attorney diverts the prosecution of a juvenile to the juvenile court, the
juvenile probation officer must conduct a personal interview with the alleged
juvenile offender. If the juvenile acknowledges responsibility for the
delinquent or incorrigible act, the juvenile probation officer must require
that the juvenile comply with one or more of the following conditions:
1) participation in unpaid community restitution work; 2) participation in a
counseling program that is approved by the court and that is designed to
strengthen family relationships and to prevent repetitive juvenile delinquency;
3) participation in an education program that is approved by the court with the
goal of preventing further delinquent behavior; 4) participation in an
education program that is approved by the court and that is designed to deal
with ancillary problems experienced by the juvenile, such as alcohol or drug
abuse; 5) participation in a nonresidential program of rehabilitation or
supervision that is offered by the court or offered by a community youth
serving agency and approved by the court; 6) payment of restitution to the
victim of the delinquent act; or 7) payment of a monetary assessment that may
be satisfied through community restitution (A.R.S.
§ 8-321).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a juvenile offender to voluntarily participate in a religious program that is approved by the court.
2. Allows the voluntary religious program to be substituted for one of the other outlined diversion programs.
3. Prohibits, in the purpose of the religious program, including any effort to coerce the juvenile offender to adopt or change any religious affiliation or beliefs.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
JUD 2/7/24 DPA 8-0-0-1
3rd Read 2/22/24 54-4-1-0-1
Prepared by Senate Research
March 11, 2024
ZD/KK/cs