Bill Text: AZ HB2510 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Juveniles; detention; assessment; counsel waiver
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2019-02-11 - House read second time [HB2510 Detail]
Download: Arizona-2019-HB2510-Introduced.html
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REFERENCE TITLE: juveniles; detention; assessment; counsel waiver |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2510 |
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Introduced by Representatives Hernandez A: Chávez, Hernandez D, Sierra, Teller, Tsosie, Senators Mendez, Navarrete
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AN ACT
amending sections 8‑221 and 8‑305, Arizona Revised Statutes; relating to juvenile proceedings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-221, Arizona Revised Statutes, is amended to read:
8-221. Counsel right of juvenile, parent or guardian; waiver; appointment; reimbursement; guardian ad litem
A. In all proceedings involving offenses, dependency or termination of parental rights that are conducted pursuant to this title and that may result in detention, a juvenile has the right to be represented by counsel.
B. If a juvenile, parent or guardian is found to be indigent and entitled to counsel, the juvenile court shall appoint an attorney to represent the person or persons unless counsel for the juvenile is waived by both the juvenile and the parent or guardian.
C. Before any court appearance which that may result in detention, institutionalization or mental health hospitalization of a juvenile, the court shall appoint counsel for the juvenile if counsel has not been retained by or for the juvenile, unless counsel is waived by both the juvenile and a parent or guardian with whom the juvenile resides or resided prior to before the filing of a petition. The juvenile, parent or guardian may withdraw the waiver of counsel at any time.
D. Waiver of counsel pursuant to this section is subject to the provisions of rule 6, subsection (c) of the Arizona rules of procedure for the juvenile court.
E. If a juvenile is entitled to counsel and there appears to be a conflict of interest between a juvenile and the juvenile's parent or guardian including a conflict of interest arising from payment of the fee for appointed counsel under subsection G of this section, the juvenile court may appoint an attorney for the juvenile in addition to the attorney appointed for the parent or guardian or employed by the parent or guardian.
F. The county board of supervisors may fix a reasonable sum to be paid by the county for the services of an appointed attorney.
G. If the court finds that the juvenile or the parent or guardian of a juvenile has sufficient financial resources to reimburse, at least in part, the costs of the services of an attorney appointed pursuant to this section, the court shall order the juvenile or the parent or guardian to pay to the appointed attorney or the county, through the clerk of the court, an amount that the parent or guardian is able to pay without incurring substantial hardship to the family. Failure to obey an order under this subsection is not grounds for contempt or grounds for withdrawal by the appointed attorney. An order under this section may be enforced in the manner of a civil judgment.
H. In a county where there is a public defender, the public defender may act as attorney in either:
1. A delinquency or incorrigibility proceeding when requested by the juvenile court.
2. Any other juvenile proceeding that is conducted pursuant to this title if the board of supervisors authorizes the appointment of the public defender.
I. In all juvenile court proceedings in which the dependency petition includes an allegation that the juvenile is abused or neglected, the court shall appoint a guardian ad litem to protect the juvenile's best interests. This guardian may be an attorney or a court appointed special advocate.
J. The guardian ad litem or attorney for a juvenile shall meet with the juvenile before the preliminary protective hearing, if possible, or within fourteen days after the preliminary protective hearing. The guardian ad litem or attorney for the juvenile also shall meet with the juvenile before all substantive hearings. Upon On a showing of extraordinary circumstances, the judge may modify this requirement for any substantive hearing.
K. The court shall deny a juvenile's waiver of counsel unless all of the following conditions are met:
1. The waiver occurs in the presence of and after consultation with counsel.
2. The waiver is executed on the record in open court and in writing.
3. The waiver is executed in a language that is regularly spoken by the juvenile.
4. The court conducts a full inquiry into the juvenile's comprehension of the right and the juvenile's capacity to make the choice knowingly and intelligently.
5. Stand‑by counsel is appointed.
6. The juvenile is provided with the opportunity to revoke the waiver at the start of each substantive court proceeding after the initial waiver.
Sec. 2. Section 8-305, Arizona Revised Statutes, is amended to read:
8-305. Detention center; jail; separate custody; definitions
A. The county board of supervisors or the county jail district, if authorized pursuant to title 48, chapter 25, shall maintain a detention center that is separate and apart from a jail or lockup in which adults are confined and where juveniles who are alleged to be delinquent or children who are incorrigible and within the provisions of this article shall be detained when necessary before or after a hearing or as a condition of probation. A juvenile who is charged with an offense that is not a dangerous offense and that is listed in section 13‑501 may be detained in a juvenile detention center if the detention is ordered by the court and, within twenty‑four hours after being taken into custody, a detention risk assessment instrument determines that the juvenile poses a substantial risk of harm to others or that the juvenile has demonstrated that there is a substantial risk that the juvenile may leave the jurisdiction in which the court is located. The board may enter agreements with public or private entities to acquire land for, build, purchase, lease‑purchase, lease or expand a detention center required by this section.
B. The board of supervisors or the county jail district, if authorized pursuant to title 48, chapter 25, may provide for the detention of juveniles who are accused or convicted of a criminal offense in a jail or lockup in which adults are confined. A juvenile who is confined in a jail or lockup in which adults are confined shall be kept in a physically separate section from any adult who is charged with or convicted of a criminal offense, and no sight or sound contact between the juvenile and any charged or convicted adult is permitted, except to the extent authorized under federal laws or regulations.
C. A juvenile, pending a juvenile hearing, shall not be confined with adults charged with or convicted of a crime, except that:
1. A juvenile who is accused of a criminal offense or who is alleged to be delinquent may be securely detained in such location for up to six hours until transportation to a juvenile detention center can be arranged if the juvenile is kept in a physically separate section from any adult who is charged with or convicted of a crime and no sight or sound contact between the juvenile and any charged or convicted adult is permitted, except to the extent authorized under federal laws or regulations.
2. A juvenile who is transferred as provided in section 8‑327 to the criminal division of the superior court may be securely detained if the juvenile is kept in a physically separate section from any adult charged with or convicted of a crime, and no sight or sound contact with any charged or convicted adult is permitted, except to the extent authorized under federal laws or regulations.
3. A juvenile who is arrested for an offense listed in section 13‑501 may be detained in a juvenile detention center until formally charged as an adult. After a juvenile has been formally charged as an adult the juvenile may be either of the following:
(a) Detained in a juvenile detention center if the offense is not a dangerous offense and the detention is ordered by the court.
(b) Securely detained in an adult facility if the juvenile is detained separately from any adult charged with or convicted of a crime, except to the extent authorized under federal laws or regulations.
D. In determining whether to order that a juvenile who is charged with an offense that is not a dangerous offense and that is listed in section 13‑501 be detained in a juvenile detention center or an adult facility pursuant to subsection A or subsection C, paragraph 3, subdivision (a) of this section, the court shall consider all of the following:
1. The best interests of both the juvenile charged as an adult and the other juveniles detained in the juvenile detention center.
2. The severity of the charges against the juvenile charged as an adult.
3. The existing programs and facilities for juveniles at both the juvenile detention center and the adult facility.
4. The results of a detention risk assessment instrument.
5. Whether the state has proven by a preponderance of the evidence that all of the following apply:
(a) The juvenile poses a substantial risk of harm to others or has demonstrated that there is a substantial risk that the juvenile may leave the jurisdiction in which the court is located.
(b) There are no lesser custodial restrictions that would serve as an effective alternative to pretrial detention.
4. 6. Any other factor relevant to the determination of where to detain the juvenile.
E. A child who is alleged to be delinquent or who is alleged to be incorrigible shall not be securely detained in a jail or lockup in which adults charged with or convicted of a crime are detained. A child may be nonsecurely detained if necessary to obtain the child's name, age, residence or other identifying information for up to six hours until arrangements for transportation to any shelter care facility, home or other appropriate place can be made. A child who is nonsecurely detained shall be detained separately from any adult charged with or convicted of a crime, and no sight or sound contact with any charged or convicted adult is permitted, except to the extent authorized under federal laws or regulations.
F. Any detained juvenile or child who, by the juvenile's or child's conduct, endangers or evidences that the juvenile or child may endanger the safety of other detained children shall not be allowed to intermingle with any other juvenile or child in the detention center.
G. Pursuant to section 8‑322, the county board of supervisors, the county jail district board of directors or the administrative office of the courts on behalf of the juvenile court may enter into an agreement with public or private entities to provide the detention centers required by subsection A of this section.
H. The court shall review whether the placement of a juvenile in a detention center is appropriate at any pretrial conferences.
H. I. For the purposes of this section:
1. "Dangerous offense" has the same meaning prescribed in section 13‑105.
2. "Juvenile" includes a person who is under the jurisdiction of the juvenile court pursuant to section 8‑202, subsection H.
