Bill Text: AZ SB1073 | 2022 | Fifty-fifth Legislature 2nd Regular | Chaptered


Bill Title: Juveniles; adjudication; disposition; probation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2022-03-18 - Chapter 6 [SB1073 Detail]

Download: Arizona-2022-SB1073-Chaptered.html

 

 

Senate Engrossed

 

juveniles; adjudication; disposition; probation

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

 

 

 

CHAPTER 6

 

SENATE BILL 1073

 

 

An Act

 

amending sections 8-221, 8-246, 8-305, 8-322, 8-349, 8-350, 8-351, 8-352, 8-353, 8-354 and 8-355, Arizona Revised Statutes; repealing section 8-356, Arizona Revised Statutes; amending section 13-3967, Arizona Revised Statutes; relating to juveniles.

 

 

(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:

START_STATUTE8-221. Counsel right of juvenile, parent or guardian; appointment; reimbursement; guardian ad litem

A. The court shall appoint an attorney for a child in all delinquency proceedings that commence with a petition or that may involve detention, dependency proceedings or termination of parental rights proceedings that are conducted pursuant to this title. The court shall appoint the attorney before the first hearing. The attorney shall represent the child at all stages of the proceedings and, in a dependency proceeding, through permanency dismissal.

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 the person knowingly, intelligently and voluntarily waives counsel.

C. Before any court appearance that may result in institutionalization or mental health hospitalization of a juvenile, the court shall appoint counsel for the juvenile if counsel has not been previously appointed or retained by or for the juvenile.

D. The county board of supervisors may fix a reasonable sum to be paid by the county for the services of an appointed attorney.

E. If the court finds that 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 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.

F. 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.

G. In all juvenile court proceedings in which the dependency petition includes an allegation that the juvenile is abused or neglected, the court may appoint a guardian ad litem to protect the juvenile's best interests. This guardian ad litem shall be an attorney. The guardian ad litem is not the child's attorney.

H. Any guardian ad litem or attorney appointed 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 appointed for the juvenile also shall meet with the juvenile before all substantive hearings. On a showing of extraordinary circumstances, the judge may modify this requirement for any substantive hearing. END_STATUTE

Sec. 2. Section 8-246, Arizona Revised Statutes, is amended to read:

START_STATUTE8-246. Jurisdiction; length of commitment; placement; assessment; definition

A. When jurisdiction of a juvenile has been acquired by the juvenile court, the juvenile shall continue under the jurisdiction of the juvenile court until the juvenile attains eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, nineteen years of age, unless sooner discharged pursuant to law. From the time of commitment to the department of juvenile corrections, a juvenile shall be subject to the control of the department of juvenile corrections until the juvenile's discharge pursuant to section 41-2820.

B. Except pursuant to section 8-341, subsection N and section 8-344, and unless the court has retained jurisdiction over the person pursuant to section 8-202, subsection H:

1. The awarding of a juvenile shall not extend beyond the juvenile's eighteenth birthday.

2. Commitment to the department of juvenile corrections shall be until the juvenile attains eighteen years of age unless sooner discharged by the department of juvenile corrections.

C. The supreme court in cooperation with the department of juvenile corrections and other state agencies shall develop a common risk needs assessment instrument to be used for each juvenile who is referred to adjudicated delinquent in the juvenile court. The juvenile court shall update the risk needs assessment on each subsequent referral of the juvenile to the juvenile court adjudication, and the court shall use the risk needs assessment to determine the appropriate disposition of the juvenile. The supreme court in cooperation with the department of juvenile corrections shall develop guidelines to be used by juvenile court judges in determining those juveniles who should be committed to the department of juvenile corrections.

D. For the purposes of this section, "juvenile" includes a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age. END_STATUTE

Sec. 3. Section 8-305, Arizona Revised Statutes, is amended to read:

START_STATUTE8-305. Detention center; jail; separate custody; definition

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 court orders the detention is ordered by the court. 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 allowed, 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 allowed, 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 allowed, 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 if the court orders the detention. 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.

2. The juvenile's age.

3. The juvenile's physical and mental maturity.

4. The juvenile's present mental state, including whether the juvenile presents an imminent risk of harm to the juvenile.

5. The nature and circumstances of the alleged offense.

6. The juvenile's history of prior delinquent acts.

7. 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.

3. 8. The existing programs and facilities for juveniles at both the juvenile detention center and the adult facility.

4. 9. Any other factor relevant to the determination of where to detain the juvenile.

E. The director of juvenile court services in the county in which the juvenile is detained may file a motion in the juvenile's criminal case that requests a juvenile who is charged with an offense listed in section 13-501 be transferred to an adult facility based on the juvenile's conduct while in detention. On the director's request for the juvenile's transfer, the court shall hold a hearing to consider the transfer. At the hearing, the court shall consider all of the factors listed in subsection d of this section.

E. F. 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. G. 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. H. 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. 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. END_STATUTE

Sec. 4. Section 8-322, Arizona Revised Statutes, is amended to read:

START_STATUTE8-322. Juvenile probation services fund; program and contract requirements

A. The juvenile probation services fund is established. The supreme court shall administer the fund. Monies in the juvenile probation services fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. The supreme court shall allocate monies in the fund or appropriated to the superior court's juvenile probation services fund line based on its determination of the need for and probable effectiveness of each plan submitted pursuant to this article. The supreme court shall require that the presiding juvenile court judge submit in accordance with rules of the supreme court a plan for the expenditure of monies that are allocated to the juvenile court pursuant to this section. The supreme court may reject a plan or a modification of a plan that is submitted pursuant to this subsection.

C. Monies in the fund shall be used to fund programs, the participation in which a juvenile probation officer or community based alternative program administered by the juvenile court has required as a condition of diversion pursuant to section 8-321. Monies shall also be used to fund programs to reduce the number of repetitive juvenile offenders and to provide services for juveniles who are on probation, including treatment, testing, independent living programs and residential, foster and shelter care, and for children who are referred to the juvenile court for incorrigibility or delinquency offenses. Monies may be used to provide the cost of care for persons who are under twenty-one years of age and who were placed in an independent living program or in foster care before eighteen years of age, who voluntarily remain in care and who are currently enrolled in and regularly attending any high school or certificate of equivalency program. Pursuant to section 8-341, subsection N, monies may also be used to provide services for persons who are under twenty-one years of age and who voluntarily participate in treatment. Except pursuant to section 8-341, subsection N, the cost of care shall not be continued for a person who has received a high school diploma or certificate of equivalency. the supreme court shall approve these services shall be approved by the supreme court.  The juvenile court may develop and staff such programs, or the supreme court may enter into the purchase of service contracts with community youth serving agencies.

D. The administrative office of the courts may use monies appropriated to the fund for the purchase of detention facilities, to expand existing detention centers or to contract with private and public entities to expand or operate secure care facilities.

E. Monies in the fund may 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 court.

E. F. All monies that are distributed or expended from the fund shall be used to supplement, not supplant, funding to the juvenile court by the county.

F. g. The supreme court shall contract for a periodic evaluation to determine if the provisions of this article reduce the number of repetitive juvenile offenders. The supreme court shall send a copy of the evaluation to the speaker of the house of representatives, the president of the senate and the governor.

G. H. A contract that is entered into between the supreme court or the county attorney and any contract provider to provide services pursuant to section 8-321 or this section to juveniles shall provide that, as a condition of employment, personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have valid fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within seven working days of employment.

H. I. The contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel.

I. J. A service contract or license with any contract provider that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections L and M and N of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections L and M and N of this section in this state or of acts committed in another jurisdiction that would be offenses in this state or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

J. K. A contract provider may avoid cancellation or termination of the contract or license under subsection J of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections L and M and N of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.03, subsection B is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing contact with juveniles.

K. L. A contract provider may avoid cancellation or termination of the contract or license under subsection J of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections L and M and N of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.03, subsection C is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing the person to provide direct services to juveniles unless the person is granted a good cause exception pursuant to section 41-619.55.

L. M. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section 41-1758.03, subsections B and C in this state or similar offenses in another state or jurisdiction.

M. N. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.

N. O. Federally recognized Indian tribes or military bases may submit and the supreme court shall accept certifications that state that personnel who are employed or who will be employed during the contract term and who provide services directly to juveniles have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection m of this section.

O. P. Adult clients of a contract provider who are receiving treatment services are exempt from the requirements of this section, unless they provide services directly to juveniles without supervision.

P. Q. Volunteers who provide services to juveniles under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section.

Q. R. The contracting agency shall notify the department of public safety if the contracting agency receives credible evidence that a person who possesses a valid fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B.

2. Falsified information on the form required by subsection M of this section. END_STATUTE

Sec. 5. Section 8-349, Arizona Revised Statutes, is amended to read:

START_STATUTE8-349. Destruction of juvenile records; electronic research records; definition

A. A person who is at least eighteen years of age and who has been adjudicated delinquent or incorrigible may apply for destruction of the person's juvenile court and department of juvenile corrections records if the records involve an adjudication for an offense other than an offense listed in section 13-501, subsection A or B or title 28, chapter 4.

B. The person shall attest to all of the following in the application:

1. The person is at least eighteen years of age.

2. The person has not been convicted of a felony offense or adjudicated delinquent for an offense that would be an offense listed in section 13-501, subsection A or B or title 28, chapter 4.

3. A criminal charge is not pending.

4. The person has completed all of the terms and conditions of court-ordered probation or been discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan.

5. All restitution is paid in full.

6. The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.

7. The person is not currently required to register pursuant to section 13-3821.

8. The person has either paid all monetary obligations in full or has requested the court to modify the outstanding monetary obligations pursuant to subsection K of this section.

C. The juvenile court may order the destruction of records under subsection A of this section if the court finds all of the following:

1. The person is at least eighteen years of age.

2. The person has not been convicted of a felony offense.

3. A criminal charge is not pending.

4. The person was not adjudicated for an offense listed in section 13-501, subsection A or B or title 28, chapter 4.

5. The person successfully completed the terms and conditions of probation or was discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan.

6. All restitution is paid in full.

7. All monetary obligations are either paid in full or have been modified pursuant to subsection K of this section.

8. The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.

9. The person is not currently required to register pursuant to section 13-3821.

D. A person who is not eligible to have the person's records destroyed pursuant to subsection A of this section may apply to have the person's juvenile court and department of juvenile corrections records destroyed pursuant to subsection E of this section. The person shall attest to all of the following in an application:

1. The person is at least twenty-five years of age.

2. The person has not been convicted of a felony offense.

3. A criminal charge is not pending.

4. All restitution is paid in full.

5. The person has either paid all monetary obligations in full or has requested the court to modify the outstanding monetary obligations pursuant to subsection K of this section.

6. The person is not currently required to register pursuant to section 13-3821.

E. The juvenile court may order the destruction of records if the court finds that all of the following apply to a person who files an application pursuant to subsection D of this section:

1. The person is at least twenty-five years of age.

2. The person has not been convicted of a felony offense.

3. A criminal charge is not pending.

4. All restitution is paid in full.

5. All monetary obligations are either paid in full or have been modified pursuant to subsection K of this section.

6. The person is not currently required to register pursuant to section 13-3821.

7. The destruction of the records would further the rehabilitative process of the applicant.

F. The juvenile court and the department of juvenile corrections may store any records for research purposes.

G. At the juvenile's disposition hearing, the court shall inform the juvenile, in writing, of the right to the destruction of the juvenile's court and department of juvenile corrections records.

H. The clerk of the court may not charge a filing fee for the application to destroy juvenile records.

I. The clerk of the court shall transmit a copy of an application submitted pursuant to this section to the county attorney in the county in which the referral was made.

J. The county attorney may file an objection to an application that is submitted pursuant to this section for the destruction of records.

K. On a showing of good cause, the court may modify any monetary obligation imposed by the court except for victim restitution.

L. The juvenile court, the clerk of the superior court and the juvenile probation department, either on order of the juvenile court after the person files an application with the court or on notification by the probation department, shall destroy the records that concern a referral or citation that did not result in further action, that resulted in a successful completion of diversion an adjudication. Records that are eligible for destruction pursuant to this subsection shall be destroyed within ninety days after the person who was the subject of the referral or citation reaches eighteen years of age or when destruction is ordered by the court. The probation department shall send a copy of the notice to the department of public safety central state repository.

M. Within six months after receiving a notification from the superior court that a person's juvenile delinquency or incorrigibility records were destroyed, the department of child safety shall destroy all court, juvenile probation and department of juvenile corrections records that are in the department of child safety's possession and that were produced in the delinquency or incorrigibility matter.

N. The clerk of the court shall notify the department of public safety if a person's record is destroyed pursuant to this section.

O. For the purposes of this section, "successfully" means, in the discretion of the court, the person satisfied the conditions of probation. END_STATUTE

Sec. 6. Section 8-350, Arizona Revised Statutes, is amended to read:

START_STATUTE8-350. Dangerous offenders; sex offenders; notification to schools; definition

A. If a juvenile is adjudicated delinquent for or convicted of a dangerous offense or a violation of section 13-1405, 13-1406, 13-1410 or 13-1417 and the juvenile is placed on probation and is attending enrolled in school, the court shall notify the elementary or high school district in which the juvenile resides is enrolled that the juvenile has been adjudicated delinquent or convicted and is on probation. The elementary or high school district shall transmit this notice to the school that the juvenile attends. If the juvenile withdraws from the school while on probation and enrolls in a different school, the court shall provide the notice prescribed by this subsection to the new school in which the juvenile is enrolled.

B. Elementary or high school districts and local elementary and high Schools through the local school district may request from the court the criminal history of individual students to determine if a student has been adjudicated delinquent for or convicted of a dangerous offense or a violation of section 13-1405, 13-1406, 13-1410 or 13-1417.

C. The school that in which the juvenile attends is enrolled shall make the information it receives pursuant to this section available to teachers, parents, guardians or custodians on request.

D. For the purposes of this section, "dangerous offense" has the same meaning prescribed in section 13-105. END_STATUTE

Sec. 7. Section 8-351, Arizona Revised Statutes, is amended to read:

START_STATUTE8-351. Definition of juvenile intensive probation

In this article, unless the context otherwise requires, "juvenile intensive probation" means a program which that is established pursuant to this article of highly structured and closely supervised juvenile probation and which that emphasizes surveillance, treatment, work, education and home detention individualized interventions and services for juveniles who are deemed appropriate for the program. END_STATUTE

Sec. 8. Section 8-352, Arizona Revised Statutes, is amended to read:

START_STATUTE8-352. Intensive probation; evaluation; criteria; limit; conditions

A. A juvenile probation officer shall prepare a disposition summary report for every juvenile who has been adjudicated of a delinquent act or of a technical violation of probation.

B. The juvenile probation officer shall 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. The juvenile probation officer shall include the recommendation of the juvenile's parents in the disposition summary report. If the nature of the offense and the prior delinquent history of the juvenile indicate that the juvenile should be included in an intensive probation program pursuant to supreme court guidelines for juvenile intensive probation, the juvenile probation officer may recommend to the court that the juvenile be granted intensive probation.

C. After reviewing the juvenile's prior record, the facts and circumstances of the current delinquent act or technical violation of probation and the disposition summary report, the court may grant the juvenile a period of intensive probation.

D. When granting intensive probation the court shall set forth on the record the factual reasons for using the disposition.

E. Intensive probation shall be conditioned on the juvenile:

1. Participating in one or more of the following, if approved by the court or probation officer, for not less than thirty-two hours each week throughout the term of probation:

(a) School.

(b) A treatment program.

(c) Employment.

(d) Supervised community restitution work.

(e) An activity that improves the juvenile's prosocial skill development, including enhancing the juvenile's relationship with the juvenile's family.

2. Paying victim restitution, applicable monetary obligations and probation fees, except that the inability to pay probation fees, applicable monetary obligations or victim restitution does not prohibit participation in the intensive probation program.

3. Remaining at a place of residence at all times except to attend school, work or treatment, to perform community restitution or to participate in some prosocial activity, as specifically allowed in each instance by the supervising juvenile probation officer, or if in the direct company of a parent, guardian or custodian, as approved by the juvenile probation officer.

4. Allowing administration of drug and alcohol tests as directed by a juvenile probation officer.

5. Meeting any other conditions imposed by the court, including electronic monitoring, to meet the needs of the juvenile or to limit the risks to the community.

F. Probation fees shall be deposited in the juvenile probation fund established pursuant to section 12-268. END_STATUTE

Sec. 9. Section 8-353, Arizona Revised Statutes, is amended to read:

START_STATUTE8-353. Juvenile intensive probation teams; duties; case load limit

A. The chief juvenile probation officer or the director of juvenile court services in each county, with approval of the presiding juvenile court judge of the superior court, shall appoint juvenile intensive probation teams consisting that may consist of the following:

1. one juvenile probation officer.

2. Two juvenile probation officers. or

3. One juvenile probation officer and one surveillance officer. or

4. One juvenile probation officer and two surveillance officers.

B. A one person juvenile intensive probation team shall supervise not more than fifteen juveniles at one time. A two person juvenile intensive probation team shall supervise no not more than twenty-five juveniles at one time. A three person juvenile intensive probation team shall supervise no not more than forty juveniles at one time.

C. The juvenile intensive probation team shall do all of the following:

1. Secure and keep a complete identification record of each juvenile supervised by the team and a written statement of the conditions of the probation.

2. Exercise close supervision and observation over juveniles who are ordered to participate in the intensive probation program including both of the following:

(a) Visual contact with each probationer juvenile at least four times per week or as otherwise deemed appropriate.

(b) Weekly contact routine contact or verification with the juvenile's school, employer, community restitution agency or treatment program of the probationer as deemed appropriate.

3. Obtain and maintain information concerning the conduct of the juvenile participating in the intensive probation program.

4. Request the county attorney to bring a noncompliant probationer before the court.

5. 4. Monitor the payment of restitution and probation fees and request the county attorney to bring before the court any probationer who fails to pay restitution or probation fees monetary obligations imposed by the court.

6. 5. Perform any other responsibilities required by the terms and conditions imposed by the court.

D. The juvenile intensive probation team may supervise additional juveniles on probation if the director of juvenile court services 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 the limits prescribed in subsections A and B of this section. END_STATUTE

Sec. 10. Section 8-354, Arizona Revised Statutes, is amended to read:

START_STATUTE8-354. Modification of supervision

A. The juvenile probation officer shall periodically examine the needs of each juvenile who is granted intensive probation and the risks of modifying the level of supervision of the juvenile. the juvenile probation officer may modify The juvenile's level of intensive probation. The court may at any time modify the placement or the level of supervision of a juvenile who is granted intensive probation.

B. The court may issue a warrant for the arrest of a juvenile who is granted intensive probation. If the juvenile commits an additional offense or violates a condition, the court may revoke intensive probation at any time before the expiration or termination of the period of intensive probation and hold disposition of the juvenile in accordance with section 8-341. If the court finds that a juvenile has committed an additional felony offense that is a felony posed a serious threat to or danger to the community or has violated a condition of intensive probation that poses a serious threat to or danger to the community, the court shall revoke intensive probation and hold disposition of the juvenile pursuant to section 8-341. END_STATUTE

Sec. 11. Section 8-355, Arizona Revised Statutes, is amended to read:

START_STATUTE8-355. School; employment; community restitution programs

The juvenile intensive probation team shall ensure that each juvenile under its supervision is participating in one or more of the following, if approved by the court or probation officer, for not less than thirty-two hours each week throughout the term of intensive probation:

1. School.

2. A treatment program.

3. Employment.

4. A community restitution program.

5. An activity that improves the juvenile's prosocial skill development, including enhancing the juvenile's relationship with the juvenile's family. END_STATUTE

Sec. 12. Repeal

Section 8-356, Arizona Revised Statutes, is repealed.

Sec. 13. Section 13-3967, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3967. Release on bailable offenses before trial; definition

A. At his appearance before a judicial officer, any person who is charged with a public offense that is bailable as a matter of right shall be ordered released pending trial on his own recognizance or on the execution of bail in an amount specified by the judicial officer.

B. In determining the method of release or the amount of bail, the judicial officer, on the basis of available information, shall take into account all of the following:

1. The views of the victim.

2. The nature and circumstances of the offense charged.

3. Whether the accused has a prior arrest or conviction for a serious offense or violent or aggravated felony as defined in section 13-706 or an offense in another state that would be a serious offense or violent or aggravated felony as defined in section 13-706 if committed in this state.

4. Evidence that the accused poses a danger to others in the community.

5. The results of a risk or lethality assessment in a domestic violence charge that is presented to the court.

6. The weight of evidence against the accused.

7. The accused's family ties, employment, financial resources, character and mental condition.

8. The results of any drug test submitted to the court.

9. Whether the accused is using any substance if its possession or use is illegal pursuant to chapter 34 of this title. 

10. Whether the accused violated section 13-3407, subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine or section 13-3407.01.

11. The length of residence in the community.

12. The accused's record of arrests and convictions.

13. The accused's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.

14. Whether the accused has entered or remained in the United States illegally.

15. Whether the accused's residence is in this state, in another state or outside the United States.

C. If a judicial officer orders the release of a defendant who is charged with a felony either on his own recognizance or on bail, the judicial officer shall condition the defendant's release on the defendant's good behavior while so released. On a showing of probable cause that the defendant committed any offense during the period of release, a judicial officer may revoke the defendant's release pursuant to section 13-3968.

D. After providing notice to the victim pursuant to section 13-4406, a judicial officer may impose any of the following conditions on a person who is released on his own recognizance or on bail:

1. Place the person in the custody of a designated person or organization agreeing to supervise him.

2. Place restrictions on the person's travel, associates or place of abode during the period of release.

3. Require the deposit with the clerk of the court of cash or other security, such deposit to be returned on the performance of the conditions of release.

4. Prohibit the person from possessing any deadly weapon or engaging in certain described activities or indulging in intoxicating liquors or certain drugs.

5. Require the person to report regularly to and remain under the supervision of an officer of the court.

6. Impose any other conditions deemed reasonably necessary to assure appearance as required including a condition requiring that the person return to custody after specified hours.

E. In addition to any of the conditions a judicial officer may impose pursuant to subsection D of this section, the judicial officer shall impose both of the following conditions on a person who is charged with a felony violation of chapter 14 or 35.1 of this title and who is released on his own recognizance or on bail:

1. Electronic monitoring where available.

2. A condition prohibiting the person from having any contact with the victim.

F. The judicial officer who authorizes the release of the person charged on his own recognizance or on bail shall do all of the following:

1. Issue an appropriate order containing statements of the conditions imposed.

2. Inform the person of the penalties that apply to any violation of the conditions of release.

3. Advise the person that a warrant for his arrest may be issued immediately on any violation of the conditions of release, including the failure to submit to deoxyribonucleic acid testing ordered pursuant to paragraph 4 of this subsection.

4. If the person is charged with a felony or misdemeanor offense listed in section 13-610, subsection O, paragraph 3 and is summoned to appear, order the person to report within five days to the law enforcement agency that arrested the person or to the agency's designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction. If a person does not comply with an order issued pursuant to this paragraph, the court shall revoke the person's release.

G. At any time after providing notice to the victim pursuant to section 13-4406, the judicial officer who orders the release of a person on any condition specified in this section or the court in which a prosecution is pending may amend the order to employ additional or different conditions of release, including either an increase or reduction in the amount of bail.  On application, the defendant shall be entitled to have the conditions of release reviewed by the judicial officer who imposed them or by the court in which the prosecution is pending. Reasonable notice of the application shall be given to the county attorney and the victim.

H. Any information that is stated or offered in connection with any order pursuant to this section need not conform to the rules pertaining to admissibility of evidence in a court of law.

I. This section does not prevent the disposition of any case or class of cases by forfeiture of bail or collateral security if such disposition is authorized by the court.

J. A judicial officer who orders the release of a juvenile who is enrolled in a school and who has been transferred to the criminal division of the superior court pursuant to section 8-327 or who has been charged as an adult pursuant to section 13-501 shall notify the appropriate school district on the release of the juvenile from custody.

K. For the purposes of this section and section 13-3968, "judicial officer" means any person or court authorized pursuant to the constitution or laws of this state to bail or otherwise release a person before trial or sentencing or pending appeal. END_STATUTE


 

 

 

APPROVED BY THE GOVERNOR MARCH 18, 2022.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 18, 2022.

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