Bill Text: AZ SB1464 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Juvenile court jurisdiction; age extension
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2020-02-04 - Senate read second time [SB1464 Detail]
Download: Arizona-2020-SB1464-Introduced.html
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REFERENCE TITLE: juvenile court jurisdiction; age extension |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1464 |
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Introduced by Senators Navarrete, Alston: Bradley, Dalessandro, Gonzales, Mesnard, Otondo, Peshlakai, Quezada, Rios, Steele
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AN ACT
amending sections 8‑202, 8‑246, 8‑272, 8‑273, 8‑341, 8‑341.01, 8‑342, 8‑371 and 41‑2820, Arizona Revised Statutes; relating to juvenile court.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-202, Arizona Revised Statutes, is amended to read:
8-202. Jurisdiction of juvenile court
A. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title.
B. The juvenile court has exclusive original jurisdiction over all proceedings brought under the authority of this title except for delinquency proceedings.
C. The juvenile court may consolidate any matter, except that the juvenile court shall not consolidate any of the following:
1. A criminal proceeding that is filed in another division of superior court and that involves a child who is subject to the jurisdiction of the juvenile court.
2. A delinquency proceeding with any other proceeding that does not involve delinquency, unless the juvenile delinquency adjudication proceeding is not heard at the same time or in the same hearing as a nondelinquency proceeding.
D. The juvenile court has jurisdiction of proceedings to:
1. Obtain judicial consent to the marriage, employment or enlistment in the armed services of a child, if consent is required by law.
2. In an action in which parental rights are terminated pursuant to chapter 4, article 5 or 11 of this title, change the name of a minor child who is the subject of the action. If the minor child who is the subject of the action is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change.
E. The juvenile court has jurisdiction over both civil traffic violations and offenses listed in section 8‑323, subsection B that are committed within the county by persons who are under eighteen years of age unless the presiding judge of the county declines jurisdiction of these cases. The presiding judge of the county may decline jurisdiction of civil traffic violations committed within the county by juveniles if the presiding judge finds that the declination would promote the more efficient use of limited judicial and law enforcement resources located within the county. If the presiding judge declines jurisdiction, juvenile civil traffic violations shall be processed, heard and disposed of in the same manner and with the same penalties as adult civil traffic violations.
F. The orders of the juvenile court under the authority of this chapter or chapter 3 or 4 of this title take precedence over any order of any other court of this state except the court of appeals and the supreme court to the extent that they are inconsistent with orders of other courts.
G. Except as provided in subsection H of this section, jurisdiction of a child that is obtained by the juvenile court in a proceeding under this chapter or chapter 3 or 4 of this title shall be retained by it, for the purposes of implementing the orders made and filed in that proceeding, until the child becomes eighteen years of age, unless terminated by order of the court before the child's eighteenth birthday.
H. If the state files a notice of intent to retain jurisdiction when proceedings are commenced pursuant to section 8‑301, paragraph 1 or 2, the court shall retain jurisdiction over a juvenile who is at least seventeen years of age and who has been adjudicated a delinquent juvenile until the juvenile reaches nineteen twenty‑two years of age, unless before the juvenile's nineteenth twenty‑second birthday either:
1. Jurisdiction is terminated by order of the court.
2. The juvenile is discharged from the jurisdiction of the department of juvenile corrections pursuant to section 41‑2820.
I. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either:
1. The juvenile court transfers jurisdiction pursuant to section 8‑327.
2. The juvenile is charged as an adult with an offense listed in section 13‑501.
J. The juvenile court shall retain jurisdiction after a juvenile's eighteenth birthday for the purpose of designating an undesignated felony offense as a misdemeanor or felony, including after an adjudication is set aside pursuant to section 8‑348.
K. The juvenile court has jurisdiction to make the initial determination prescribed in section 8‑829 whether the voluntary participation of a qualified young adult in an extended foster care program pursuant to section 8‑521.02 is in the young adult's best interests.
Sec. 2. Section 8-246, Arizona Revised Statutes, is amended to read:
8-246. 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 twenty‑two 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 the juvenile court. The juvenile court shall update the risk needs assessment on each subsequent referral of the juvenile to the juvenile court, 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 twenty‑two years of age.
Sec. 3. Section 8-272, Arizona Revised Statutes, is amended to read:
8-272. Psychiatric acute care services; outpatient and inpatient assessments; definition
A. If a child exhibits behavior that indicates the child may suffer from a mental disorder or is a danger to self or others, an entity may request that the child receive an outpatient assessment or inpatient assessment.
B. A psychologist, psychiatrist or physician shall conduct an outpatient assessment at a time and place that is convenient for the psychologist, psychiatrist or physician and the child. At the conclusion of the outpatient assessment, the psychologist, psychiatrist or physician shall recommend that the child be either:
1. Provided with outpatient treatment services.
2. Admitted to a psychiatric acute care facility for inpatient assessment or inpatient psychiatric acute care services.
3. Provided with residential treatment services.
4. Discharged to the entity without further psychological or psychiatric services because the child does not suffer from a mental disorder, is not a danger to self or others or is not a child with a persistent or acute disability or grave disability.
C. A psychologist, psychiatrist or physician shall conduct an inpatient assessment within seventy‑two hours after a child is admitted to an inpatient assessment facility, excluding weekends and holidays. At the conclusion of the inpatient assessment, the psychologist, psychiatrist or physician shall recommend that the child be either:
1. Admitted to a psychiatric acute care facility for inpatient psychiatric acute care services.
2. Discharged to an entity and provided with outpatient treatment services.
3. Provided with residential treatment services.
4. Discharged to the entity without further psychological or psychiatric services because the child does not suffer from a mental disorder, is not a danger to self or others or is not a child with a persistent or acute disability or grave disability.
D. Within twenty‑four hours after a child is admitted for an inpatient assessment, excluding weekends and holidays, the entity shall file a motion for approval of admission for inpatient assessment with the juvenile court. The motion shall include all of the following:
1. The name and address of the inpatient assessment facility.
2. The name of the psychologist, psychiatrist or physician who is likely to perform the inpatient assessment.
3. The date and time the child was admitted to the inpatient assessment facility.
4. A short statement explaining why the child needs an inpatient assessment.
E. An entity that files a motion under subsection D of this section shall provide a copy of the motion to all of the parties and their attorneys. The court shall rule on the motion without response from any party, except that any party may request a hearing to review the child's admission for an inpatient assessment. If the court grants a hearing, the court shall set the hearing on an accelerated basis.
F. If the psychologist, psychiatrist or physician who performed the outpatient assessment or inpatient assessment of the child recommends that the child receive inpatient acute care psychiatric services, the entity may file a motion for inpatient psychiatric acute care services with the juvenile court. If the psychologist, psychiatrist or physician makes this recommendation after conducting an inpatient assessment, the entity shall file the motion for inpatient psychiatric acute care services within twenty‑four hours after the completion of the inpatient assessment, excluding weekends and holidays. The motion shall include all of the following:
1. A copy of the written report of the results of the inpatient assessment or outpatient assessment, including:
(a) The reason why inpatient psychiatric acute care services are in the child's best interests.
(b) The reason why inpatient psychiatric acute care services are the least restrictive available treatment.
(c) A diagnosis of the child's condition that requires inpatient psychiatric acute care services.
(d) The estimated length of time that the child will require inpatient psychiatric acute care services.
2. A written statement from the medical director of the proposed inpatient psychiatric acute care facility or the medical director's designee that the facility's services are appropriate to meet the child's mental health needs.
G. As soon as practicable after the filing of a motion under subsection D or F of this section, the court shall appoint an attorney for the child if an attorney has not been previously appointed. The court may also appoint a guardian ad litem for the child.
H. If a motion is filed pursuant to subsection F of this section, the court shall hold a hearing on the motion within seventy‑two hours after the motion is filed, excluding weekends and holidays. If the child has been admitted for an inpatient assessment, the child may remain at the inpatient assessment facility until the court rules on the motion.
I. If a child is admitted for an inpatient assessment and an entity fails to file a motion pursuant to and within the time limit prescribed in subsection F of this section, the child shall be discharged from the inpatient assessment facility.
J. If the court approves the admission of the child for inpatient psychiatric acute care services, the court shall find by clear and convincing evidence that both:
1. The child is suffering from a mental disorder or is a danger to self or others and requires inpatient psychiatric acute care services.
2. Available alternatives to inpatient psychiatric acute care services were considered, but that inpatient psychiatric acute care services are the least restrictive available alternative.
K. The court shall review the child's continuing need for inpatient psychiatric acute care services at least every sixty days after the date of the treatment order. The inpatient psychiatric acute care facility shall submit a progress report to the court at least five days before the review and shall provide copies of the progress report to all of the parties, including the child's attorney and guardian ad litem. On its own motion or on the motion of a party, the court may hold a hearing on the child's continuing need for inpatient psychiatric acute care services. If requested by the child, the court shall hold a hearing unless the court has held a review hearing within sixty days before the child's request. If requested by the child, the court may hold a hearing at any time for good cause shown. The progress report shall make recommendations and shall include at least the following:
1. The nature of the treatment provided, including any medications and the child's current diagnosis.
2. The child's need for continued inpatient psychiatric acute care services, including the estimated length of the services.
3. A projected discharge date.
4. The level of care required by the child and the potential placement options that are available to the child on discharge.
5. A statement from the medical director of the inpatient psychiatric acute care facility or the medical director's designee as to whether inpatient psychiatric acute care services are necessary to meet the child's mental health needs and whether the facility that is providing the inpatient psychiatric acute care services to the child is the least restrictive available alternative.
L. If a child is transferred from an inpatient psychiatric acute care facility to another inpatient psychiatric acute care facility, no new inpatient assessment or outpatient assessment is required. Unless the court orders otherwise due to an emergency, an entity shall file a notice of transfer with the juvenile court at least five days before the transfer of the child. The notice shall include all of the following:
1. The name and address of the facility to which the child is being transferred and the date of the transfer.
2. A statement from the medical director of the receiving inpatient psychiatric acute care facility or the medical director's designee that the receiving facility is an appropriate facility to meet the child's mental health needs and that it is the least restrictive available alternative.
3. A statement that the entity has contacted the child's attorney or guardian ad litem and whether the child or the child's attorney or guardian ad litem opposes the transfer.
M. Any party may request a hearing to review the transfer of a child to another inpatient psychiatric acute care facility pursuant to subsection L of this section.
N. Within fifteen days after a child is discharged, the inpatient psychiatric acute care facility shall prepare a discharge summary. Within twenty days after a child is discharged, an entity shall file a notice of discharge with the juvenile court. The notice shall include:
1. A statement of the child's current placement.
2. A statement of the mental health services that are being provided to the child and the child's family.
3. A copy of the discharge summary that is prepared by a mental health professional.
O. When possible, the child's attorney shall communicate with the child within twenty‑four hours after a motion is filed pursuant to subsection D or F of this section, excluding weekends and holidays. The child's attorney shall discuss treatment recommendations and shall advise the child of the child's right to request a hearing. The child's attorney or designee shall attend all court hearings related to the child's inpatient assessment or inpatient psychiatric acute care services and shall be prepared to report to the court the child's position on any recommended assessments or treatment. The child may attend any hearing unless the court finds by a preponderance of the evidence that allowing the child to attend would not be in the child's best interests.
P. If the child is a dually adjudicated child, the entity that requests an order for inpatient psychiatric acute care services shall notify any other entity of all notices, motions, hearings or other proceedings related to the provision of inpatient psychiatric acute care services. Any entity may attend and participate in all hearings or other proceedings relating to the provision of inpatient psychiatric acute care services to a dually adjudicated child.
Q. Section 8‑273 applies if residential treatment services are recommended after an inpatient assessment or outpatient assessment or any inpatient psychiatric acute care treatment. Section 8‑341.01 applies if a child who is adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court requires residential treatment services. Section 41‑2815 applies if a child who is committed to the department of juvenile corrections requires residential treatment services.
R. Information and records that are obtained or created in the course of any assessment, examination or treatment are subject to the confidentiality requirements of section 36‑509, except that information and records may be provided to the department of juvenile corrections pursuant to section 8‑341.
S. For the purposes of this section, "child" means 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 twenty‑two years of age and who is either:
1. Found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition.
2. In the temporary custody of the department pursuant to section 8‑821.
3. Detained in a juvenile court detention facility.
4. Committed to the department of juvenile corrections.
5. Found to be delinquent and subject to probation supervision.
Sec. 4. Section 8-273, Arizona Revised Statutes, is amended to read:
8-273. Residential treatment services; definition
A. If a child exhibits behavior that indicates the child may suffer from a mental disorder or if it is recommended as a result of an outpatient assessment or inpatient assessment pursuant to section 8‑272 that a child receive residential treatment services, an entity may file a motion requesting that the juvenile court order a child to receive residential treatment services. If the motion states that all parties, including counsel for the child, have been contacted and are in agreement, the court is not required to set a hearing on the motion.
B. A motion for residential treatment services shall be supported by a written psychological, psychiatric or medical assessment recommending residential treatment services. The court may waive the written assessment on a finding of good cause. The written assessment shall include at least the following:
1. The reason why residential treatment services are in the child's best interests.
2. The reason why residential treatment services are the least restrictive treatment available.
3. The reason why the child's behavioral, psychological, social or mental health needs require residential treatment services.
4. The estimated length of time that the child will require residential treatment services.
C. A motion for residential treatment services shall be supported by a written statement from the medical or clinical director of the residential treatment facility or the director's designee that the facility's services are appropriate to meet the child's needs.
D. As soon as practicable after an entity files a motion under subsection A of this section, the court shall appoint an attorney for the child if an attorney has not been previously appointed. The court may also appoint a guardian ad litem for the child.
E. The child's attorney shall discuss the treatment recommendations with the child. The child's attorney or designee shall attend all court hearings related to the child's placement in a residential treatment facility and shall be prepared to report to the court on the child's position regarding any recommendations or requests related to the provision of residential treatment services. The child may appear at any hearing, unless the court finds by a preponderance of the evidence that allowing the child to attend the hearing would not be in the child's best interests.
F. If the court orders a child to receive residential treatment services, the court shall find by clear and convincing evidence that both:
1. The child requires residential treatment services to address the child's behavioral, psychological, social or mental health needs.
2. Available alternatives to residential treatment services were considered, but that residential treatment services are the least restrictive available alternative.
G. The court shall review the child's continuing need for residential treatment services at least every sixty days from the date of the treatment order. The residential treatment facility shall submit a progress report to the court at least five days before the review and shall provide copies of its report to all of the parties, including the child's attorney and guardian ad litem. The progress report shall include the recommendations of the child's treatment facility and shall include at least the following:
1. The nature of the treatment provided, including any medications and the child's current diagnosis.
2. The child's need for continued residential treatment services, including the estimated length of the services.
3. A projected discharge date.
4. The level of care required by the child and the potential placement options that are available to the child on discharge.
5. A statement from the medical or clinical director of the residential treatment services facility or the director's designee as to whether residential treatment services are necessary to meet the child's needs and whether the facility that is providing the residential treatment services to the child is the least restrictive available alternative.
H. On its own motion or on the motion of a party, the court may schedule a hearing concerning the child's continuing need for residential treatment services. If requested by the child, the court shall schedule a hearing unless the court has held a review hearing within sixty days before the child's request. If requested by the child, the court may hold a hearing at any time for good cause shown.
I. If the child is a dually adjudicated child, the entity that requests an order for residential treatment services shall notify any other entity of all notices, motions, hearings or other proceedings related to the provision of residential treatment services. Any entity may attend and participate in all hearings or other proceedings relating to the provision of residential treatment services to a dually adjudicated child.
J. Information or records that are obtained or created pursuant to any assessment, examination or treatment are subject to the confidentiality requirements of section 36‑509, except that information and records may be provided to the department of juvenile corrections pursuant to section 8‑341.
K. This section does not apply to a child who is either:
1. Committed to the department of juvenile corrections. Section 41‑2815 applies if a child who is committed to the department of juvenile corrections requires residential treatment services.
2. Adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court. Section 8‑341.01 applies if a child who is adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court requires residential treatment services.
L. For the purposes of this section, "child" means 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 twenty‑two years of age and who is either:
1. Found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition.
2. In the temporary custody of the department pursuant to section 8‑821.
Sec. 5. Section 8-341, Arizona Revised Statutes, is amended to read:
8-341. Disposition and commitment; definitions
A. After receiving and considering the evidence on the proper disposition of the case, the court may enter judgment as follows:
1. It may award a delinquent juvenile:
(a) To the care of the juvenile's parents, subject to the supervision of a probation department.
(b) To a probation department, subject to any conditions the court may impose, including a period of incarceration in a juvenile detention center of not more than one year.
(c) To a reputable citizen of good moral character, subject to the supervision of a probation department.
(d) To a private agency or institution, subject to the supervision of a probation officer.
(e) To the department of juvenile corrections.
(f) To maternal or paternal relatives, subject to the supervision of a probation department.
(g) To an appropriate official of a foreign country of which the juvenile is a foreign national who is unaccompanied by a parent or guardian in this state to remain on unsupervised probation for at least one year on the condition that the juvenile cooperate with that official.
2. It may award an incorrigible child:
(a) To the care of the child's parents, subject to the supervision of a probation department.
(b) To the protective supervision of a probation department, subject to any conditions the court may impose.
(c) To a reputable citizen of good moral character, subject to the supervision of a probation department.
(d) To a public or private agency, subject to the supervision of a probation department.
(e) To maternal or paternal relatives, subject to the supervision of a probation department.
B. If a juvenile is placed on probation pursuant to this section, the period of probation may continue until the juvenile's eighteenth birthday or until the juvenile's nineteenth twenty‑second birthday if jurisdiction is retained pursuant to section 8‑202, subsection H, except that the term of probation shall not exceed one year if all of the following apply:
1. The juvenile is not charged with a subsequent offense.
2. The juvenile has not been found in violation of a condition of probation.
3. The court has not made a determination that it is in the best interests of the juvenile or the public to require continued supervision. The court shall state by minute entry or written order its reasons for finding that continued supervision is required.
4. The offense for which the juvenile is placed on probation does not involve a dangerous offense as defined in section 13‑105.
5. The offense for which the juvenile is placed on probation does not involve a violation of title 13, chapter 14 or 35.1.
6. Restitution ordered pursuant to section 8‑344 has been made.
7. The juvenile's parents have not requested that the court continue the juvenile's probation for more than one year.
C. If a juvenile is adjudicated as a first time felony juvenile offender, the court shall provide the following written notice to the juvenile:
You have been adjudicated a first time felony juvenile offender. You are now on notice that if you are adjudicated of another offense that would be a felony offense if committed by an adult and if you commit the other offense when you are fourteen years of age or older, you will be placed on juvenile intensive probation, which may include home arrest and electronic monitoring, or you may be placed on juvenile intensive probation and may be incarcerated for a period of time in a juvenile detention center, or you may be committed to the department of juvenile corrections or you may be prosecuted as an adult. If you are convicted as an adult of a felony offense and you commit any other offense, you will be prosecuted as an adult.
D. If a juvenile is fourteen years of age or older and is adjudicated as a repeat felony juvenile offender, the juvenile court shall place the juvenile on juvenile intensive probation, which may include home arrest and electronic monitoring, may place the juvenile on juvenile intensive probation, which may include incarceration for a period of time in a juvenile detention center, or may commit the juvenile to the department of juvenile corrections pursuant to subsection A, paragraph 1, subdivision (e) of this section for a significant period of time.
E. If the juvenile is adjudicated as a repeat felony juvenile offender, the court shall provide the following written notice to the juvenile:
You have been adjudicated a repeat felony juvenile offender. You are now on notice that if you are arrested for another offense that would be a felony offense if committed by an adult and if you commit the other offense when you are fifteen years of age or older, you will be tried as an adult in the criminal division of the superior court. If you commit the other offense when you are fourteen years of age or older, you may be tried as an adult in the criminal division of the superior court. If you are convicted as an adult, you will be sentenced to a term of incarceration. If you are convicted as an adult of a felony offense and you commit any other offense, you will be prosecuted as an adult.
F. The failure or inability of the court to provide the notices required under subsections C and E of this section does not preclude the use of the prior adjudications for any purpose otherwise permitted allowed.
G. Except as provided in subsection S of this section, after considering the nature of the offense and the age, physical and mental condition and earning capacity of the juvenile, the court shall order the juvenile to pay a reasonable monetary assessment if the court determines that an assessment is in aid of rehabilitation. If the director of the department of juvenile corrections determines that enforcement of an order for monetary assessment as a term and condition of conditional liberty is not cost‑effective, the director may require the youth to perform an equivalent amount of community restitution in lieu of the payment ordered as a condition of conditional liberty.
H. If a child is adjudicated incorrigible, the court may impose a monetary assessment on the child of not more than one hundred fifty dollars $150.
I. A juvenile who is charged with unlawful purchase, possession or consumption of spirituous liquor is subject to section 8‑323. The monetary assessment for a conviction of unlawful purchase, possession or consumption of spirituous liquor by a juvenile shall not exceed five hundred dollars $500. The court of competent jurisdiction may order a monetary assessment or equivalent community restitution.
J. The court shall require the monetary assessment imposed under subsection G or H of this section on a juvenile who is not committed to the department of juvenile corrections to be satisfied in one or both of the following forms:
1. Monetary reimbursement by the juvenile in a lump sum or installment payments through the clerk of the superior court for appropriate distribution.
2. A program of work, not in conflict with regular schooling, to repair damage to the victim's property, to provide community restitution or to provide the juvenile with a job for wages. The court order for restitution or monetary assessment shall specify, according to the dispositional program, the amount of reimbursement and the portion of wages of either existing or provided work that is to be credited toward satisfaction of the restitution or assessment, or the nature of the work to be performed and the number of hours to be spent working. The number of hours to be spent working shall be set by the court based on the severity of the offense but shall not be less than sixteen hours.
K. If a juvenile is committed to the department of juvenile corrections, the court shall specify the amount of the monetary assessment imposed pursuant to subsection G or H of this section.
L. After considering the length of stay guidelines developed pursuant to section 41‑2816, subsection C, the court may set forth in the order of commitment the minimum period during which the juvenile shall remain in secure care while in the custody of the department of juvenile corrections. When the court awards a juvenile to the department of juvenile corrections or an institution or agency, it shall transmit with the order of commitment copies of a diagnostic psychological evaluation and educational assessment if one has been administered, copies of the case report, all other psychological and medical reports, restitution orders, any request for postadjudication notice that has been submitted by a victim and any other documents or records pertaining to the case requested by the department of juvenile corrections or an institution or agency. The department shall not release a juvenile from secure care before the juvenile completes the length of stay determined by the court in the commitment order unless the county attorney in the county from which the juvenile was committed requests the committing court to reduce the length of stay. The department may temporarily escort the juvenile from secure care pursuant to section 41‑2804, may release the juvenile from secure care without a further court order after the juvenile completes the length of stay determined by the court or may retain the juvenile in secure care for any period subsequent to the completion of the length of stay in accordance with the law.
M. Written notice of the release of any juvenile pursuant to subsection L of this section shall be made to any victim requesting notice, the juvenile court that committed the juvenile and the county attorney of the county from which the juvenile was committed.
N. Notwithstanding any law to the contrary, if a person is under the supervision of the court as an adjudicated delinquent juvenile at the time the person reaches eighteen years of age, treatment services may be provided until the person reaches twenty‑one years of age if the court, the person and the state agree to the provision of the treatment and a motion to transfer the person pursuant to section 8‑327 has not been filed or has been withdrawn. The court may terminate the provision of treatment services after the person reaches eighteen years of age if the court determines that any of the following applies:
1. The person is not progressing toward treatment goals.
2. The person terminates treatment.
3. The person commits a new offense after reaching eighteen years of age.
4. Continued treatment is not required or is not in the best interests of the state or the person.
O. On the request of a victim of an act that may have involved significant exposure as defined in section 13‑1415 or that if committed by an adult would be a sexual offense, the prosecuting attorney shall petition the adjudicating court to require that the juvenile be tested for the presence of the human immunodeficiency virus. If the victim is a minor the prosecuting attorney shall file this petition at the request of the victim's parent or guardian. If the act committed against a victim is an act that if committed by an adult would be a sexual offense or the court determines that sufficient evidence exists to indicate that significant exposure occurred, it shall order the department of juvenile corrections or the department of health services to test the juvenile pursuant to section 13‑1415. Notwithstanding any law to the contrary, the department of juvenile corrections and the department of health services shall release the test results only to the victim, the delinquent juvenile, the delinquent juvenile's parent or guardian and a minor victim's parent or guardian and shall counsel them regarding the meaning and health implications of the results.
P. If a juvenile has been adjudicated delinquent for an offense that if committed by an adult would be an offense listed in section 41‑1750, subsection C, the court shall provide the department of public safety Arizona automated fingerprint identification system established in section 41‑2411 with the juvenile's ten‑print fingerprints, personal identification data and other pertinent information. If a juvenile has been committed to the department of juvenile corrections the department shall provide the fingerprints and information required by this subsection to the Arizona automated fingerprint identification system. If the juvenile's fingerprints and information have been previously submitted to the Arizona automated fingerprint identification system the information is not required to be resubmitted.
Q. Access to fingerprint records submitted pursuant to subsection P of this section shall be limited to the administration of criminal justice as defined in section 41‑1750. Dissemination of fingerprint information shall be limited to the name of the juvenile, juvenile case number, date of adjudication and court of adjudication.
R. If a juvenile is adjudicated delinquent for an offense that if committed by an adult would be a misdemeanor, the court may prohibit the juvenile from carrying or possessing a firearm while the juvenile is under the jurisdiction of the department of juvenile corrections or the juvenile court.
S. If a juvenile is adjudicated delinquent for a violation of section 13‑1602, subsection A, paragraph 5, the court shall order the juvenile to pay a fine of at least three hundred dollars $300 but not more than one thousand dollars $1,000. Any restitution ordered shall be paid in accordance with section 13‑809, subsection A. The court may order the juvenile to perform community restitution in lieu of the payment for all or part of the fine if it is in the best interests of the juvenile. The amount of community restitution shall be equivalent to the amount of the fine by crediting any service performed at a rate of ten dollars $10 per hour. If the juvenile is convicted of a second or subsequent violation of section 13‑1602, subsection A, paragraph 5 and is ordered to perform community restitution, the court may order the parent or guardian of the juvenile to assist the juvenile in the performance of the community restitution if both of the following apply:
1. The parent or guardian had knowledge that the juvenile intended to engage in or was engaging in the conduct that gave rise to the violation.
2. The parent or guardian knowingly provided the juvenile with the means to engage in the conduct that gave rise to the violation.
T. If a juvenile is adjudicated delinquent for an offense involving the purchase, possession or consumption of spirituous liquor or a violation of title 13, chapter 34 and is placed on juvenile probation, the court may order the juvenile to submit to random drug and alcohol testing at least two times per week as a condition of probation.
U. A juvenile who is adjudicated delinquent for an offense involving the purchase, possession or consumption of spirituous liquor or a violation of title 13, chapter 34, who is placed on juvenile probation and who is found to have consumed any spirituous liquor or to have used any drug listed in section 13‑3401 while on probation is in violation of the juvenile's probation. If a juvenile commits a third or subsequent violation of a condition of probation as prescribed by this subsection, the juvenile shall be brought before the juvenile court and, if the allegations are proven, the court shall either revoke probation and hold a disposition hearing pursuant to this section or select additional conditions of probation as it deems necessary, including detention, global position system monitoring, additional alcohol or drug treatment, community restitution, additional drug or alcohol testing or a monetary assessment.
V. If jurisdiction of the juvenile court is retained pursuant to section 8‑202, subsection H, the court shall order continued probation supervision and treatment services until a child who has been adjudicated a delinquent juvenile reaches nineteen twenty‑two years of age or until otherwise terminated by the court. The court may terminate continued probation supervision or treatment services before the child's nineteenth twenty‑second birthday if the court determines that continued probation supervision or treatment is not required or is not in the best interests of the juvenile or the state or the juvenile commits a criminal offense after reaching eighteen years of age.
W. For the purposes of this section:
1. "First time felony juvenile offender" means a juvenile who is adjudicated delinquent for an offense that would be a felony offense if committed by an adult.
2. "Repeat felony juvenile offender" means a juvenile to whom both of the following apply:
(a) Is adjudicated delinquent for an offense that would be a felony offense if committed by an adult.
(b) Previously has been adjudicated a first time felony juvenile offender.
3. "Sexual offense" means oral sexual contact, sexual contact or sexual intercourse as defined in section 13‑1401.
Sec. 6. Section 8-341.01, Arizona Revised Statutes, is amended to read:
8-341.01. Residential treatment services; definition
A. If at a disposition hearing or a subsequent hearing the court orders a delinquent juvenile or incorrigible child to receive residential treatment services, other than psychiatric acute care services as defined in section 8‑271, the placement must be supported by a written psychological, psychiatric or medical evaluation recommending residential treatment services. The court may waive the written evaluation for good cause shown.
B. If the court orders a child to receive residential treatment services, the court shall find by clear and convincing evidence that both:
1. The child requires residential treatment services to address the child's behavioral, psychological, social or mental health needs.
2. Available alternatives to residential treatment services were considered, but that residential treatment services are the least restrictive alternative.
C. The court shall review the child's continuing need for residential treatment services at least every sixty days after the date of the treatment order. The residential treatment facility shall submit a progress report to the court at least five days before the review and shall provide copies of its report to all parties, including the child's attorney and guardian ad litem. The progress report shall include the recommendations of the child's treatment facility and shall include at least the following:
1. The nature of the treatment provided, including any medications and the child's current diagnosis.
2. The child's need for continued residential treatment services, including the estimated length of the services.
3. A projected discharge date.
4. The level of care required by the child and the potential placement options that are available to the child on discharge.
5. A statement from the medical or clinical director of the residential treatment services facility or the director's designee as to whether residential treatment services are necessary to meet the child's needs and whether the facility that is providing the residential treatment services to the child is the least restrictive available alternative.
D. On its own motion or the motion of a party, the court may hold an expedited hearing to review the continued placement of the child in residential treatment.
E. If the child is also found to be dependent or is temporarily subject to court jurisdiction pending an adjudication of a dependency petition, the probation department shall notify the department of child safety that placement of the child for residential treatment services is being recommended. The department shall receive copies of any reports relating to the child's placement for residential treatment services. The department may attend and participate in all hearings and any other proceedings relating to the placement or continued placement for residential treatment services.
F. For the purposes of this section, "child" or "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 twenty‑two years of age.
Sec. 7. Section 8-342, Arizona Revised Statutes, is amended to read:
8-342. Commitment of child; medical examination; definition
A. A child who is any of the following shall not be committed or awarded to the department of juvenile corrections:
1. Adjudicated delinquent for an offense that is not a felony unless the child has been previously adjudicated delinquent for an offense that is a felony or is seriously mentally ill.
2. Under fourteen years of age.
3. A dependent or incorrigible child unless the child is adjudicated delinquent and is not excluded under paragraph 1 or 2 of this subsection.
B. Before commitment to the department of juvenile corrections, every child shall be given a medical examination. If it is determined that any contagious or infectious disease is present, the child shall not be committed to the department of juvenile corrections, but the juvenile court shall order that the child be given the necessary medical treatment at the county hospital or other medical facility. When the child is discharged by competent medical authority, the juvenile court may order the child's commitment to the department of juvenile corrections. In any case copies of records, examinations and evaluations shall be made of the findings of the medical examination and of any subsequent treatment and discharge, which copies shall accompany the child's commitment papers.
C. If the child is a dependent child and is committed or awarded to the department of juvenile corrections, the foster care review board shall review the child's case as required by section 8‑515.03.
D. For the purposes of this section, "child" 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 twenty‑two years of age.
Sec. 8. Section 8-371, Arizona Revised Statutes, is amended to read:
8-371. Educational rehabilitation; definition
A. Juveniles who are subject to the supervision of a probation officer pursuant to an order of the juvenile court, or who are otherwise eligible for absolute discharge or conditional liberty from the department of juvenile corrections in accordance with section 41‑2816, shall, as a condition of probation or liberty, be required to do one of the following:
1. Attend school in order to obtain vocational training or to achieve an appropriate educational level as prescribed in consultation with the school the juvenile attends by the juvenile's probation officer or by the department of juvenile corrections. If the juvenile fails to attend school regularly, maintain appropriate school behavior, or make satisfactory progress as determined in consultation with the school by the probation officer or department of juvenile corrections as specified in subsection C of this section and the juvenile does not meet the requirements of paragraph 2 of this subsection:
(a) If the juvenile court retains jurisdiction, the juvenile court shall take appropriate action to enforce, modify or revoke its order granting probation.
(b) If the department of juvenile corrections retains jurisdiction, the department shall act to enforce, modify or revoke its order granting conditional liberty.
2. Attend an on‑the‑job training program or secure and maintain employment. If the juvenile fails to attend the program or maintain employment and does not meet the requirements of paragraph 1 of this subsection:
(a) If the juvenile court retains jurisdiction, the juvenile court shall take appropriate action to enforce, modify or revoke its order granting probation.
(b) If the department of juvenile corrections retains jurisdiction, the department shall act to enforce, modify or revoke its order granting conditional liberty.
B. Subsection A of this section does not apply to juveniles who pass the general educational development test or earn a high school diploma. Subsection A, paragraph 2 of this section does not apply to a juvenile required to attend school under section 15‑802.
C. If the juvenile chooses to meet the requirements of subsection A of this section by attending a public school:
1. If the juvenile had previously been expelled from school, prior to readmission of that juvenile to the school, school officials shall meet with the appropriate juvenile court probation officer or department of juvenile corrections case manager and assist in developing conditions of probation or conditional liberty that will provide specific guidelines for behavior and consequences for misbehavior at school as well as educational objectives that must be achieved. If the juvenile is under the jurisdiction of the juvenile court, the court shall review the conditions of probation for the juvenile and may continue the expulsion or return the child to school under the agreed conditions. If the juvenile is under the jurisdiction of the department of juvenile corrections, the department shall review the terms of conditional liberty for the juvenile and may continue the expulsion or return the child to school under the agreed conditions. The governing board may expel the juvenile for subsequent actions as provided in title 15, chapter 8, article 3.
2. The juvenile shall on release be screened by the school to which the juvenile is admitted for possible disabilities as provided in section 15‑761, paragraph 2 and, if the screening so indicates, be referred for evaluation for possible placement in a special education program.
D. The school district of residence and the juvenile court or the department of juvenile corrections may establish education, counseling or other programs in order to improve the behavior and educational performance of juveniles covered by this section.
E. For the purposes of this section, "child" or "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 twenty‑two years of age.
Sec. 9. Section 41-2820, Arizona Revised Statutes, is amended to read:
41-2820. Discharge
A. Each youth shall be discharged from the jurisdiction of the department on attaining eighteen years of age, except that if the juvenile court retained jurisdiction over the youth pursuant to section 8‑202, subsection H, the youth shall be discharged from the jurisdiction of the department on or before attaining nineteen twenty‑two years of age.
B. If the department determines that the youth's treatment, rehabilitation and education pursuant to the individual treatment plan have been successfully completed and that there is a reasonable probability that the youth will observe the law and will not be a threat to the public's safety if at liberty, the youth may be granted a discharge. On the discharge of a youth pursuant to this subsection, the department shall promptly notify the committing court, the county attorney in the county in which the youth was committed and the victim or the victim's representative of the discharge.
C. Except as provided in subsection D of this section, a youth shall be discharged from the jurisdiction of the department of juvenile corrections if the youth is convicted of a felony offense.
D. A youth who is convicted of a felony offense and who committed the offense while residing in a secure care facility operated by the department of juvenile corrections either:
1. Shall be discharged from the department of juvenile corrections if the youth is sentenced to the state department of corrections.
2. May be discharged from the department of juvenile corrections if the youth is placed on adult probation and all the following apply:
(a) The youth has completed the minimum length of stay in secure care, if any, that was assigned by the committing juvenile court pursuant to section 8‑341.
(b) The youth would have been eligible to be placed on conditional liberty pursuant to section 41‑2818.
(c) The youth is subject to the jurisdiction of an adult probation department.
E. A youth may be discharged from the jurisdiction of the department if the youth is placed by civil commitment under the jurisdiction of another agency.
F. A youth shall be conditionally discharged from the jurisdiction of the department if all of the following requirements are satisfied:
1. The youth has completed the minimum length of stay in a secure care facility, if any, that was assigned by the committing juvenile court pursuant to section 8‑341.
2. The United States immigration and customs enforcement enforces a detainer by taking custody of the youth for immigration proceedings.
3. The youth signs a condition that the youth's discharge will be vacated if the youth returns to the United States without legal authorization.
G. If the department receives actual notice that a youth who received a discharge pursuant to this section has returned to the United States without legal authorization prior to before the youth's attaining eighteen years of age, the department shall:
1. Vacate the discharge.
2. Place the youth on conditional liberty status.
3. Issue a warrant for the apprehension of the youth.
4. Notify the United States immigration and customs enforcement.
5. Take the youth into custody.
H. Notwithstanding subsection A of this section, a youth who is at least eighteen years of age shall be discharged from the jurisdiction of the department if the jurisdiction over the youth has been retained pursuant to section 8‑202, subsection H and the youth is charged with a criminal offense.
