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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Children
Chapter : JUVENILE OFFENDERS
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8-301 Commencement of proceedings
A proceeding under this chapter may be commenced by one of the following procedures:
1. By transfer of a case from another court as provided in section 8-302.
2. By the filing of a petition by the county attorney.
3. For an offense other than a felony, by the referral of a uniform ARIZONA traffic
ticket and complaint form.
8-302 Transfer between juvenile and criminalcourts
A. If during the pendency of a criminal charge in any court of this state the court
determines that the defendant is a juvenile who is not subject to prosecution as an adult
pursuant to section 13-501, the court shall transfer the case to the juvenile court,
together with all of the original accusatory pleadings and other papers, documents and
transcripts of any testimony relating to the case. On transfer, the court shall order
that the defendant be taken to a place of detention designated by the juvenile court or
to that court itself or shall release the juvenile to the custody of the juvenile's
parent or guardian or any other person legally responsible for the juvenile. If the
juvenile is released to the juvenile's parent or guardian or any other person legally
responsible for the juvenile, the court shall require that the parent, guardian or other
person bring the juvenile to appear before the juvenile court at a designated time. The
juvenile court shall then proceed with all further proceedings as if a petition alleging
delinquency had been filed with the juvenile court under section 8-301 on the effective
date of the transfer. This subsection does not apply to a juvenile who is subject to
prosecution pursuant to section 13-501 but who is convicted of an offense not listed in
section 13-501.
B. If during the pendency of a criminal charge in any court of this state the court
determines that the defendant is a juvenile who is subject to prosecution as an adult
pursuant to section 13-501, subsection B, on motion of the prosecutor the court shall
transfer the case to the juvenile court, together with all of the original accusatory
pleadings and other papers, documents and transcripts of any testimony relating to the
case. On transfer, the court shall order that the juvenile be taken to a place of
detention designated by the juvenile court or to that court itself or shall release the
juvenile to the custody of the juvenile's parent or guardian or any other person legally
responsible for the juvenile. If the juvenile is released to the juvenile's parent or
guardian or any other person legally responsible for the juvenile, the court shall
require that the parent, guardian or other person bring the juvenile to appear before the
juvenile court at a designated time. The juvenile court shall then proceed with all
further proceedings as if a petition alleging delinquency had been filed with the
juvenile court under section 8-301 on the effective date of the transfer.
C. During the pendency of a delinquency action in any court of this state, on the
motion of the prosecution and before the adjudication hearing, the court shall dismiss
without prejudice any count in the petition charging an offense for which the juvenile is
subject to prosecution as an adult pursuant to section 13-501 to allow criminal charges
to be filed.
D. If a juvenile reaches eighteen years of age during the pendency of a delinquency
action or before completion of the sentence in any court in this state for an act that if
committed by an adult would be a misdemeanor or petty offense or a civil traffic
violation, the court shall transfer the case to the appropriate criminal court, together
with all of the original accusatory pleadings and other papers, documents and transcripts
of any testimony relating to the case and any sentencing order. The appropriate criminal
court shall then proceed with all further proceedings as if a uniform ARIZONA traffic
ticket and complaint form or a complaint alleging a misdemeanor or petty offense or a
civil traffic violation had been filed with the appropriate criminal court pursuant to
section 13-3903 or the ARIZONA rules of criminal procedure, the rules of procedure in
traffic cases or the rules of procedure in civil traffic violation cases.
8-303 Taking into temporary custody;interference; release; separate custody; violation;classification
A. Except as provided in section 8-305, a juvenile taken into temporary custody
shall not be detained in a police station, jail or lockup where adults charged with or
convicted of a crime are detained.
B. A child shall be taken into temporary custody:
1. Pursuant to an order of the juvenile court.
2. Pursuant to a warrant issued according to the laws of arrest.
C. A juvenile may be taken into temporary custody:
1. By a peace officer pursuant to the laws of arrest, without a warrant, if there
are reasonable grounds to believe that the juvenile has committed a delinquent act or the
child is incorrigible.
2. By a peace officer if there are reasonable grounds to believe that the child has
run away from the child's parents, guardian or other custodian.
3. By a private person as provided by section 13-3884.
D. A peace officer shall take a juvenile into temporary custody pursuant to the
laws of arrest, with or without a warrant, when there are reasonable grounds to believe
that either:
1. The juvenile has committed a criminal act or a delinquent act which if committed
by an adult could be a felony or breach of the peace.
2. The juvenile has been apprehended in commission of a criminal act or a
delinquent act, which if committed by an adult would be a felony, or in fresh pursuit.
E. A juvenile who is taken into temporary custody pursuant to subsection D of this
section may be released from temporary custody only to the parents, guardian or custodian
of the juvenile or to the juvenile court.
F. A person who knowingly interferes with the taking of a juvenile into temporary
custody under the provisions of this section is guilty of a class 2 misdemeanor.
G. In determining if a child should be taken into custody under subsection C of
this section, the peace officer or child protective services specialist may consider as a
mitigating factor the participation of the parent, guardian or custodian in the healthy
families program established by section 8-701.
8-304 Investigation of alleged acts ofdelinquency, dependency, and incorrigibility
A. The law enforcement officer having jurisdiction in the place in which an act of
delinquency or incorrigibility is alleged to have occurred shall have the responsibility
for the complete investigation surrounding the alleged commission of the act.
B. A child protective services specialist of the department shall have the
responsibility for the complete investigation of all complaints of alleged dependency,
and an extremely serious conduct allegation shall be investigated in cooperation with the
appropriate law enforcement agencies and according to the protocols established pursuant
to section 8-817. The department shall be responsible for the disposition of such child
unless the matter requires the intervention of the court. For the purposes of this
subsection, "extremely serious conduct allegation" has the same meaning prescribed in
section 8-801.
8-305 Detention center; jail; separatecustody
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. The board may enter agreements with public or private entities to acquire
land for, build, purchase, lease-purchase, lease or expand a detention center required by
this section.
B. The board of supervisors or the county jail district, if authorized pursuant to
title 48, chapter 25, may provide for the detention of juveniles who are accused or
convicted of a criminal offense in a jail or lockup in which adults are confined. A
juvenile who is confined in a jail or lockup in which adults are confined shall be kept
in a physically separate section from any adult who is charged with or convicted of a
criminal offense, and no sight or sound contact between the juvenile and any charged or
convicted adult is permitted, except to the extent authorized under federal laws or
regulations.
C. A juvenile, pending a juvenile hearing, shall not be confined with adults
charged with or convicted of a crime, except that:
1. A juvenile who is accused of a criminal offense or who is alleged to be
delinquent may be securely detained in such location for up to six hours until
transportation to a juvenile detention center can be arranged if the juvenile is kept in
a physically separate section from any adult who is charged with or convicted of a crime
and no sight or sound contact between the juvenile and any charged or convicted adult is
permitted, except to the extent authorized under federal laws or regulations.
2. A juvenile who is transferred as provided in section 8-327 to the criminal
division of the superior court may be securely detained if the juvenile is kept in a
physically separate section from any adult charged with or convicted of a crime, and no
sight or sound contact with any charged or convicted adult is permitted, except to the
extent authorized under federal laws or regulations.
3. A juvenile who is arrested for an offense listed in section 13-501 may be
detained in a juvenile facility until formally charged as an adult. After a juvenile has
been formally charged as an adult the juvenile may be 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. 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.
E. 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.
F. 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.
8-306 Supervision and inspection of juveniledetention center and shelter care facilities
A. The presiding judge of the juvenile court shall supervise the juvenile detention
center and may appoint a person of good moral character to operate and manage the
detention center.
B. The department of juvenile corrections shall inspect the detention centers of
each county semiannually and within ten working days after each inspection shall make a
written report to the presiding judge of the juvenile court of the condition and
operation of the detention center, together with such recommendations as it deems
advisable, and a copy of such report shall be filed with the county board of supervisors.
8-307 Delinquency hearings; required attendanceof cited child; referring to youth service bureau; notification ofparents
A. Notwithstanding any other provision of law to the contrary, any child, ten years
of age or older, against whom a complaint has been filed citing the commission of a
delinquent act shall appear at the juvenile court at a time certain set by the juvenile
court. When the offense alleged is a misdemeanor other than assault or battery and is
the child's first offense according to juvenile court records, the juvenile court may, in
its sole discretion, refer the child to a youth service bureau or similar counseling
program or make the complaint a matter of record in lieu of the child appearing at the
juvenile court.
B. The law enforcement agency making the complaint shall immediately notify the
parents, guardian or custodian of the child that the complaint is being sent to the
juvenile court. Failure to make such notification shall not bar any proceeding in any
court.
8-308 Required attendance of parent, legalguardian or custodian in court; contempt
A. The parent, legal guardian or custodian of a juvenile or child against whom a
petition has been filed alleging the commission of a delinquent or incorrigible act shall
be served with a notice to appear and shall appear with the juvenile or child at the
juvenile court at the time set by the juvenile court. Upon a showing of good cause that
the parent, guardian, or custodian cannot appear on the date and time set by the
court, the court may waive the requirement that the parent, guardian or custodian appear.
The court shall state on the record the reasons for waiving the requirement that the
parent, guardian or custodian appear. Failure of a parent, guardian or custodian to
appear shall not bar further proceedings by the court.
B. If a parent, legal guardian or custodian fails to appear with the juvenile or
child in juvenile court, and good cause for the failure to appear is not found as
provided in subsection A of this section, the court shall issue an order to show cause to
the parent, legal guardian or custodian as to why that person shall not be held in
contempt.
8-321 Referrals; diversions; conditions;community based alternative programs; definition
A. Except as provided in subsection B of this section, before a petition is filed
or an admission or adjudication hearing is held, the county attorney may divert the
prosecution of a juvenile who is accused of committing a delinquent act or a child who is
accused of committing an incorrigible act to a community based alternative program or to
a diversion program administered by the juvenile court.
B. A juvenile who is a chronic felony offender as defined in section 13-501, who is
a violent felony offender or who is alleged to have committed a violation of section
28-1381, 28-1382 or 28-1383 is not eligible for diversion.
C. Except as provided in section 8-323, the county attorney has sole discretion to
decide whether to divert or defer prosecution of a juvenile offender. The county
attorney may designate the offenses that shall be retained by the juvenile court for
diversion or that shall be referred directly to a community based alternative program.
D. The county attorney or the juvenile court in cooperation with the county
attorney may establish community based alternative programs.
E. Except for offenses that the county attorney designates as eligible for
diversion or referral to a community based alternative program, on receipt of a referral
alleging the commission of an offense, the juvenile probation officer shall submit the
referral to the county attorney to determine if a petition should be filed.
F. If the county attorney diverts the prosecution of a juvenile to the juvenile
court, the juvenile probation officer shall conduct a personal interview with the alleged
juvenile offender. At least one of the juvenile's parents or guardians shall attend the
interview. The probation officer may waive the requirement for the attendance of the
parent or guardian for good cause. If the juvenile acknowledges responsibility for the
delinquent or incorrigible act, the juvenile probation officer shall require that the
juvenile comply with one or more of the following conditions:
1. Participation in unpaid community restitution work.
2. Participation in a counseling program that is approved by the court and that is
designed to strengthen family relationships and to prevent repetitive juvenile
delinquency.
3. Participation in an education program that is approved by the court and that has
as its goal the prevention of further delinquent behavior.
4. Participation in an education program that is approved by the court and that is
designed to deal with ancillary problems experienced by the juvenile, such as alcohol or
drug abuse.
5. Participation in a nonresidential program of rehabilitation or supervision that
is offered by the court or offered by a community youth serving agency and approved by
the court.
6. Payment of restitution to the victim of the delinquent act.
7. Payment of a monetary assessment.
G. If the juvenile successfully complies with the conditions set forth by the
probation officer, the county attorney shall not file a petition in juvenile court and
the program's resolution shall not be used against the juvenile in any further proceeding
and is not an adjudication of incorrigibility or delinquency. The resolution of the
program is not a conviction of crime, does not impose any civil disabilities ordinarily
resulting from a conviction and does not disqualify the juvenile in any civil service
application or appointment.
H. In order to participate in a community based alternative program the juvenile
who is referred to a program shall admit responsibility for the essential elements of the
accusation and shall cooperate with the program in all of its proceedings.
I. All of the following apply to each community based alternative program that is
established pursuant to this section:
1. The juvenile's participation is voluntary.
2. The victim's participation is voluntary.
3. The community based alternative program shall ensure that the victim, the
juvenile's parent or guardian and any other persons who are directly affected by an
offense have the right to participate.
4. The participants shall agree to the consequences imposed on the juvenile or the
juvenile's parent or guardian.
5. The meetings and records shall be open to the public.
J. After holding a meeting the participants in the community based alternative
program may agree on any legally reasonable consequences that the participants determine
are necessary to fully and fairly resolve the matter except confinement.
K. The participants shall determine consequences within thirty days after referral
to the community based alternative program, and the juvenile shall complete the
consequences within ninety days after the matter is referred to the community based
alternative program. The county attorney or the juvenile probation officer may extend the
time in which to complete the consequences for good cause. If the community based
alternative program involves a school, the deadlines for determination and completion of
consequences shall be thirty and ninety school days, respectively.
L. The community based alternative program, the juvenile, the juvenile's parent or
guardian and the victim may sign a written contract in which the parties agree to the
program's resolution of the matter and in which the juvenile's parent or guardian agrees
to ensure that the juvenile complies with the contract. The contract may provide that the
parent or guardian shall post a bond payable to this state to secure the performance of
any consequence imposed on the juvenile pursuant to subsection J of this section.
M. If the juvenile successfully completes the consequences, the county attorney
shall not file a petition in juvenile court and the program's resolution shall not be
used against the juvenile in any further proceeding and is not an adjudication of
incorrigibility or delinquency. The resolution of the program is not a conviction of
crime, does not impose any civil disabilities ordinarily resulting from a conviction and
does not disqualify the juvenile in any civil service application or appointment.
N. The county attorney or juvenile court shall assess the parent of a juvenile who
is diverted pursuant to subsection A of this section a fee of fifty dollars unless, after
determining the inability of the parent to pay the fee, the county attorney or juvenile
court assesses a lesser amount. All monies assessed pursuant to this subsection shall be
used for the administration and support of community based alternative programs or
juvenile court diversion programs. Any amount greater than forty dollars of the fee
assessed pursuant to this subsection shall only be used to supplement monies currently
used for the salaries of juvenile probation and surveillance officers and for support of
programs and services of the superior court juvenile probation departments. The clerk of
the superior court shall pay all monies collected from this assessment to the county
treasurer for deposit in the juvenile probation fund, to be utilized as provided in
section 12-268, and the county attorney shall pay all monies collected from this
assessment into the county attorney juvenile diversion fund established by section
11-537.
O. The supreme court shall annually establish an average cost per juvenile for
providing diversion services in each county, based on the monies appropriated for
diversion pursuant to section 8-322, excluding the cost of juvenile intake services
provided by the juvenile court, and the number of juveniles diverted the previous year.
On the county attorney's certification to the supreme court of the number of juveniles
diverted to a county attorney community based alternative program each quarter, the
annual average cost per juvenile for each juvenile diverted shall be reimbursed to the
county attorney juvenile diversion fund established by section 11-537 out of monies
appropriated to the supreme court for diversion programs.
P. If the juvenile does not acknowledge responsibility for the offense, or fails to
comply with the consequences set by the community based alternative program, the case
shall be submitted to the county attorney for review.
Q. After reviewing a referral, if the county attorney declines prosecution, the
county attorney may return the case to the juvenile probation department for further
action as provided in subsection F of this section.
R. For the purposes of this section, "violent" means an offense involving the
discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or
the intentional or knowing infliction of serious physical injury on another person and
includes an offense listed in section 13-501. 8-322 Juvenile probation services fund; programand 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 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. 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. 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. 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. 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. The contractor shall assume the costs of fingerprint checks and may charge these
costs to its fingerprinted personnel.
I. 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 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 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. A contract provider may avoid cancellation or termination of the contract or
license under subsection I 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 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. A contract provider may avoid cancellation or termination of the contract or
license under subsection I 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 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. 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. 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. 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 L of this section.
O. 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. 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. 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 L of this section.
8-323 Juvenile hearing officer; appointment;term; compensation; hearings; required attendance; contempt
A. The judge of the juvenile court, or in counties having more than one judge of
the juvenile court, the presiding judge of the juvenile court, may appoint one or more
persons of suitable experience who may be magistrates or justices of the peace to serve
as juvenile hearing officers on a full-time or part-time basis. The county board of
supervisors shall approve the appointment of justices of the peace as juvenile hearing
officers. The local governing body shall approve the appointment of municipal judges as
juvenile hearing officers. The juvenile hearing officer serves at the pleasure of the
appointing judge. The appointing judge, with the approval of the board of supervisors,
shall determine whether any compensation shall be paid to a juvenile hearing officer who
is not otherwise employed by a public agency or holding another public office and shall
establish the amounts and rates of the compensation.
B. Subject to the orders of the juvenile court a juvenile hearing officer may hear
and determine juvenile pretrial detention hearings and may process, adjudicate and
dispose of all cases that are not classified as felonies and in which a juvenile who is
under eighteen years of age on the date of the alleged offense is charged with violating
any law relating to the following:
1. Any provision of title 28 not declared to be a felony.
2. The purchase, possession or consumption of spirituous liquor by a juvenile.
3. Boating or game and fish.
4. Curfew.
5. Truancy.
6. The damage or disfigurement of property by graffiti or the purchase or
possession of materials with the intent to use the materials for graffiti.
7. The purchase or possession of tobacco.
8. Any city, town or political subdivision ordinance.
9. Interference with judicial proceedings involving disobeying or resisting the
lawful order, process or other mandate of a juvenile hearing officer or failure to appear
related to any offense in this section.
C. A hearing before the juvenile hearing officer or a hearing before a commissioner
or a judge of the juvenile court in which the juvenile is charged with any offense set
forth in this section may be conducted on an exact legible copy of a written notice to
appear, including a uniform ARIZONA traffic ticket and complaint form, that states, at a
minimum, the name and address of the juvenile, the offense charged and the time and place
the juvenile shall appear in court.
D. The juvenile hearing officer, commissioner or judge of the superior court shall
not dispose of a petition or citation for any offense under this section unless the
parent, guardian or custodian of the juvenile appears in court with the juvenile at the
time of disposition of the charge. On a showing of good cause that the parent, guardian
or custodian cannot appear on the date and time set by the court, the court may waive the
requirement that the parent, guardian or custodian appear. The court shall state on the
record the reasons for waiving the requirement that the parent, guardian or custodian
appear. At the time the court issues an order to appear or other order pursuant to this
section, the court shall inform the juvenile that failure to appear or failure to comply
with an order will result in suspension of the juvenile's driver license or privilege to
drive. If the juvenile fails to appear pursuant to a citation or an order to appear
properly issued under this section or if on disposition fails to comply with any court
order, the juvenile hearing officer shall order the department of transportation to
suspend the juvenile's driver license or privilege to drive or shall direct the
department of transportation to refuse to issue, renew or restore the juvenile's driver
license or privilege to drive until the juvenile reaches eighteen years of age or appears
in court as directed or complies with the court's order.
E. If a parent, guardian or custodian fails to appear with the juvenile, and good
cause for the failure to appear is not found as provided in subsection D of this section,
the court shall issue an order to show cause to the parent, guardian or custodian as to
why that person shall not be held in contempt.
F. Except as otherwise provided by law, on an admission by the juvenile of a
violation charged pursuant to this section, or after a hearing, on the finding that the
juvenile committed the violation, the juvenile hearing officer, commissioner or judge of
the superior court may do one or more of the following:
1. Place the juvenile on probation, except that a city magistrate or justice of the
peace may only place the juvenile on unsupervised probation.
2. Transfer the citation to the juvenile court for all further proceedings.
3. Suspend the driving privileges of the juvenile, or restrict the juvenile's
driving privileges for a period of not to exceed one hundred eighty days.
4. Order the juvenile to attend a traffic school or a counseling or education
program approved by the presiding judge of the juvenile court or the supreme court.
5. Order the juvenile to pay the monetary assessment or penalty that is applicable
to the offense. The monetary assessment or penalty shall not exceed five hundred dollars
plus lawful surcharges and assessments payable to the public agency processing the
violation. If no monetary assessment or penalty is specified for the offense, the
juvenile hearing officer, commissioner or judge of the superior court may order the
juvenile to pay not more than one hundred fifty dollars plus lawful surcharges and
assessments payable to the public agency processing the violation.
6. In lieu of or in addition to a monetary assessment or penalty, order the
juvenile to perform a program of work that does not conflict with the juvenile's regular
schooling and employment, to repair the victim's property or to provide community
restitution.
7. If the juvenile hearing officer, commissioner or judge of the superior court
determines that the person charged is eighteen or more years of age, transfer the matter
to the appropriate criminal court having jurisdiction.
8. If the juvenile violated any truancy laws, require the juvenile and the
juvenile's parents or guardians to participate in a specialized program consisting of
counseling, supervision and education under the terms and conditions the juvenile hearing
officer, commissioner or judge of the superior court orders.
9. Order the juvenile and one or both of the juvenile's custodial parents to pay
restitution to any person who suffered an economic loss as the result of the juvenile's
conduct. The juvenile hearing officer, commissioner or judge of the superior court shall
not consider the ability of the juvenile's parents to pay restitution before making a
restitution order. If the juvenile hearing officer, commissioner or judge of the superior
court orders one or both of the juvenile's custodial parents to pay restitution, the
amount of the order shall not exceed the liability limit established pursuant to section
12-661.
10. Impose sanctions authorized by section 8-343.
11. Reprimand the juvenile and take no further action.
G. A record of the proceedings before a juvenile hearing officer may be made by a
court reporter, videotape or audiotape or any other method approved by the supreme court
that accurately reproduces what occurred at the proceeding.
H. Within five days after receiving the citation, the juvenile hearing officer
shall notify the juvenile court that the juvenile has been charged with an offense by
citation and shall indicate the listed charges. The juvenile hearing officer shall
retain jurisdiction of the case until all orders made under this section have been fully
complied with. Within five days after disposition, the juvenile hearing officer shall
transmit a copy of the citation with the findings and disposition of the court noted on
the copy to the juvenile court for record keeping purposes. If appropriate, the juvenile
hearing officer shall transmit a copy of the citation to the department of
transportation. If on disposition the juvenile fails to comply with any court order, the
juvenile hearing officer, in the manner provided by subsection D of this section, may
impose any of the sanctions prescribed in subsection F of this section.
I. Subject to an appeal pursuant to section 8-325 all orders of the juvenile
hearing officer shall be effective immediately.
J. A city or town attorney or prosecutor shall act on behalf of the state in
matters that are heard in a municipal court by a juvenile hearing officer pursuant to
this section. In these matters and on approval of the presiding judge of the juvenile
court and the county attorney, the city or town attorney or the prosecutor may establish
diversion programs for offenses other than offenses involving a violation of section
28-1381, 28-1382 or 28-1383.
8-325 Appeal from an order of a juvenilehearing officer; procedures
A. An appeal from an order entered by the juvenile hearing officer is perfected by
filing a notice of appeal.
B. Immediately after an order of disposition the juvenile hearing officer shall
advise the juvenile that a right to appeal exists, the applicable time limit and the
location and manner of filing the notice of appeal.
C. A juvenile shall file the written notice of appeal with the court issuing the
order within ten days after the date on which the juvenile hearing officer delivered or
mailed to the juvenile a copy of the court's disposition of the case and the notice of
the right to appeal.
D. An appeal shall be on the record if a record has been made. The juvenile court
may review the condition of the record. If the juvenile court determines that the record
is insufficient or not in proper condition to enable the court to determine the issues on
appeal, a trial de novo shall be granted.
E. The appeal of an order of a juvenile hearing officer to the juvenile court shall
be processed pursuant to the rules of procedure in civil traffic violation cases.
8-326 County attorney
A. The county attorney shall:
1. Direct the investigation the county attorney deems necessary of acts of alleged
delinquent behavior.
2. File petitions alleging delinquent behavior with the juvenile court as the
county attorney deems necessary in the public interest.
3. Except pursuant to section 8-323, attend the juvenile court within the county
attorney's county and conduct on behalf of the state all contested hearings that involve
allegations of delinquent acts or incorrigibility.
B. The county attorney may establish and administer the activities of community
based alternative programs.
8-327 Transfer hearing
A. The state may request an order of the juvenile court transferring jurisdiction
of the criminal prosecution of any felony filed in the juvenile court to the criminal
division of the superior court.
B. On request of the state that a juvenile be transferred, the court shall hold a
transfer hearing before the adjudication hearing.
C. If the judge finds by a preponderance of the evidence that probable cause exists
to believe that the offense was committed, that the juvenile committed the offense and
that the public safety would best be served by the transfer of the juvenile for criminal
prosecution, the judge shall order that the juvenile be transferred for criminal
prosecution to the appropriate court having jurisdiction of the offense. The judge shall
state on the record the reasons for transferring or not transferring the juvenile for
criminal prosecution.
D. The court shall consider the following factors in determining if the public
safety would be served by the transfer of a juvenile for criminal prosecution:
1. The seriousness of the offense involved.
2. The record and previous history of the juvenile, including previous contacts
with the courts and law enforcement, previous periods of any court ordered probation and
the results of that probation.
3. Any previous commitments of the juvenile to juvenile residential placements and
secure institutions.
4. If the juvenile was previously committed to the department of juvenile
corrections for a felony offense.
5. If the juvenile committed another felony offense while the juvenile was a ward
of the department of juvenile corrections.
6. If the juvenile committed the alleged offense while participating in, assisting,
promoting or furthering the interests of a criminal street gang, a criminal syndicate or
a racketeering enterprise.
7. The views of the victim of the offense.
8. If the degree of the juvenile's participation in the offense was relatively
minor but not so minor as to constitute a defense to prosecution.
9. The juvenile's mental and emotional condition.
10. The likelihood of the juvenile's reasonable rehabilitation through the use of
services and facilities that are currently available to the juvenile court.
E. At the conclusion of the transfer hearing, the court shall make a written
determination whether the juvenile should be transferred to the criminal division of the
superior court for criminal prosecution. The court shall not defer the decision as to
the transfer. If the court determines that the juvenile should not be transferred to the
criminal division of the superior court, the court shall set an adjudication hearing.
8-341.01 Residential treatment services
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 economic security 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.
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 supervision of a probation
department.
(b) To a probation department, subject to any conditions as 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 as 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, 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 the
discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or
the intentional or knowing infliction of serious physical injury on another.
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.
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.
G. 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.
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. 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 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 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 a felony, the court shall provide the department of public safety
ARIZONA automated fingerprint identification system established in section 41-2411 with
the juvenile's 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. 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.
8-342 Commitment of child; medicalexamination
A. A child under the age of eight years shall not be committed to the department of
juvenile corrections nor shall a dependent or incorrigible child be awarded to the
department of juvenile corrections.
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.
8-343 Disposition of offenses involving drivingor in actual physical control of a motor vehicle while under theinfluence of intoxicating liquor or drugs
A. A juvenile who is adjudicated delinquent for a violation of section 28-1381 or
28-1382 shall be incarcerated for a period of twenty-four consecutive hours.
B. A juvenile who within a period of sixty months is adjudicated delinquent for a
violation of section 28-1381 or 28-1382 and who has previously been adjudicated for a
violation of section 28-1381, 28-1382 or 28-1383 or an act in another state, a court of
the United States or a tribal court that if committed in this state would be a violation
of section 28-1381, 28-1382 or 28-1383 shall be incarcerated for a period of thirty
consecutive days that shall be served in a juvenile detention center or in the department
of juvenile corrections.
C. A juvenile who is adjudicated delinquent for a violation of section 28-1383
shall be sentenced as provided in section 28-1383, except that the provisions of section
13-801 do not apply and any incarceration shall be served in a juvenile detention center
or in the department of juvenile corrections.
D. If a juvenile is adjudicated delinquent for a violation of section 28-1381,
28-1382 or 28-1383, the court shall order the juvenile to pay at least one hundred
dollars but not more than five hundred dollars plus any applicable surcharges and
assessments to the public agency processing the violation or the court may order the
juvenile to perform at least eighty hours of community restitution under the supervision
of the court.
E. The dates of the commission of the offense shall be the determining factor in
applying the sixty month provision of subsection B of this section, irrespective of the
sequence in which the offenses were committed. A second violation for which a conviction
occurs as provided in this section shall not include a conviction for an offense arising
out of the same series of acts.
F. In addition to any other penalties prescribed by law, if a juvenile is
adjudicated delinquent for a violation of section 28-1381, 28-1382 or 28-1383, the court
shall order the juvenile to complete alcohol or other drug screening that is provided by
a facility approved by the department of health services or a probation department. If
the court determines that the juvenile requires further alcohol or other drug education
or treatment, the juvenile may be required pursuant to court order to obtain education or
treatment under the court's supervision from an approved facility. The court may review
an education or treatment determination at the request of the state or the defendant or
on the court's initiative. The juvenile shall pay the costs of the screening, education
or treatment unless the court waives part or all of the costs. The court may order the
parent or guardian of the juvenile to pay part or all of the costs of the screening,
education or treatment.
8-344 Restitution payments
A. If a juvenile is adjudicated delinquent, the court, after considering the nature
of the offense and the age, physical and mental condition and earning capacity of the
juvenile, shall order the juvenile to make full or partial restitution to the victim of
the offense for which the juvenile was adjudicated delinquent or to the estate of the
victim if the victim has died. The juvenile shall make restitution payments to the clerk
of the court for disbursement to the victim or estate of the victim.
B. The court shall notify the victim or estate of the victim of the dispositional
hearing. The court may consider a verified statement from the victim or estate of the
victim concerning damages for lost wages, reasonable damages for injury to or loss of
property and actual expenses of medical treatment for personal injury, excluding pain and
suffering.
C. In ordering restitution pursuant to subsection A of this section, the court may
order one or both of the juvenile's custodial parents to make restitution to the victim
of the offense for which the juvenile was adjudicated delinquent or to the estate of the
victim if the victim has died. The court shall determine the amount of restitution
ordered pursuant to this subsection, except that the amount shall not exceed the
liability limit established pursuant to section 12-661. The court may order a parent or
juvenile who is ordered to pay restitution to satisfy the order in a lump sum or
installment payments to the clerk of the court for disbursement to the victim or estate
of the victim. If the court orders the juvenile's parents to make restitution pursuant to
this subsection, the court shall order the juvenile to make either full or partial
restitution, regardless of the juvenile's insufficient earning capacity. The court shall
not consider the ability of the juvenile's parents to pay restitution before making a
restitution order.
D. The juvenile court shall retain jurisdiction of the case after the juvenile
attains eighteen years of age for the purpose of modifying the manner in which court
ordered payments are to be made. After a juvenile attains eighteen years of age, the
juvenile court shall enter the following:
1. A juvenile restitution order in favor of the state for the unpaid balance, if
any, of any costs, fees, surcharges or monetary assessments imposed.
2. A juvenile restitution order in favor of each person entitled to restitution for
the unpaid balance of any restitution ordered pursuant to this section.
E. The clerk of the court shall send a copy of the juvenile restitution order to
each person who is entitled to restitution.
F. A juvenile restitution order may be recorded and enforced as any civil judgment,
except that a juvenile restitution order does not require renewal pursuant to section
12-1611 or 12-1612. A juvenile restitution order does not expire until paid in full.
G. A juvenile restitution order is a criminal penalty for the purposes of a federal
bankruptcy involving the juvenile. 8-345 Restitution lien; definition
A. A person who is entitled to restitution pursuant to section 8-323, subsection
F, paragraph 9 or section 8-344 may file a restitution lien. No filing fee or other
charge is required for filing a restitution lien.
B. A judge, commissioner or juvenile hearing officer shall sign the restitution
lien and shall set forth all of the following:
1. The name and date of birth of the juvenile or the parent of the juvenile whose
property or other interests are subject to the lien.
2. The present residence or principal place of business of the juvenile or the
parent of the juvenile named in the lien, if known.
3. The delinquency proceeding pursuant to which the lien is filed, including the
name of the court, the title of the action and the court's file number.
4. The name and address of the attorney representing the state in the delinquency
proceeding pursuant to which the lien is filed or the name and address of the person
who is entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or
section 8-344 and who is filing the lien.
5. A statement that the notice is being filed pursuant to this section.
6. The amount of restitution that the juvenile or the parent of the juvenile has
been ordered to pay.
7. A statement that the total amount of restitution owed will change and that the
clerk of the superior court shall maintain a record of the outstanding balance.
C. A restitution lien is perfected against interests in personal property by
filing the lien with the secretary of state, except that for motor vehicles, the lien
shall be filed with the department of transportation. A restitution lien is perfected
against interests in real property by filing the lien with the county recorder of the
county in which the real property is located. The person entitled to restitution may
give the additional notice of the lien as the person deems appropriate.
D. The filing of a restitution lien creates a lien in favor of the person in all
of the following:
1. Any interest of the juvenile or the parent of the juvenile in real property
that is situated in the county in which the lien is filed and that is currently
maintained or thereafter acquired in the name of the juvenile or the parent of the
juvenile identified in the lien.
2. Any interest of the juvenile or the parent of the juvenile in personal
property that is situated in this state and that is currently maintained or thereafter
acquired in the name of the juvenile or the parent of the juvenile identified in the
lien.
3. Any property identified in the lien to the extent of the juvenile's or the
parent's interest in the property.
E. The filing of a restitution lien is notice to all persons dealing with the
juvenile or the parent of the juvenile or with property identified in the lien of the
claim of the person entitled to restitution pursuant to section 8-323, subsection F,
paragraph 9 or section 8-344. The lien created in favor of the person pursuant to this
section is superior and prior to the claims or interests of any other person, except a
person possessing any of the following:
1. A valid lien that is perfected before the filing of the restitution lien.
2. In the case of real property, an interest that is acquired and recorded before
the filing of the restitution lien.
3. In the case of personal property, an interest that is acquired before the
filing of the restitution lien.
F. This section does not limit the right of the state or any other person
entitled to restitution to obtain any order or injunction, receivership, writ,
attachment, garnishment or other remedy authorized by law.
G. For the purposes of this section, "parent" means a parent who is ordered to
make restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344.
8-346 Restitution fund; restitutioncontracts
A. The county board of supervisors shall establish a separate fund for the payment
of restitution in juvenile delinquency proceedings by juveniles who are ordered to pay
restitution and who are financially unable to pay or who are otherwise unable to be
employed to earn money to pay restitution. The fund consists of state and local
appropriations and grants, gifts, devises and donations from any public or private
source.
B. The county board of supervisors may apply to the internal revenue service for a
ruling that donations to the fund are tax deductible.
C. The county attorney or the court may direct the payment of monies from the fund
to the victim for unpaid charitable work done by the juvenile to pay restitution that was
ordered by the juvenile court or that the juvenile agreed to pay as part of a diversion
program administered by the county attorney or the juvenile court. If a juvenile
performs unpaid charitable work pursuant to this section, the agency providing the work
shall supervise the juvenile's work. The juvenile shall be credited for each hour worked
at an hourly rate set by the county attorney or the juvenile court.
D. If monies are available, the victim shall be paid from monies that are credited
to the juvenile for work performed.
E. The county attorney or the juvenile court shall not retain more than twenty per
cent of the money credited to the fund for the payment of administrative costs and
expenses.
F. The county attorney or the juvenile court may enter into contracts with this
state, any political subdivision of this state or private entities to provide appropriate
services by juveniles who are ordered to pay restitution by the juvenile court or who
have agreed to pay restitution as part of a diversion program that is administered by the
county attorney or the juvenile court.
8-347 Disposition document or minute order;fingerprints
A. At the time of the disposition of a juvenile who is adjudicated for an offense
that would be a felony offense if committed by an adult, the court shall execute a
disposition document or minute order.
B. At the time of disposition and in open court, the court or a person who is
appointed by the court shall affix a fingerprint of the juvenile to the document or
order.
C. In addition to any information deemed appropriate by the court, the document or
order shall recite all of the following:
1. The full name and date of birth of the juvenile.
2. The name of the counsel for the juvenile or, if counsel was waived, the fact
that the juvenile knowingly, voluntarily and intelligently waived the right to counsel
after having been fully apprised of the right to counsel.
3. The name, statutory citation and classification of the offense.
4. Whether the basis of the adjudication of delinquency was by admission or
adjudication hearing.
5. If there was an admission, that the juvenile knowingly, voluntarily and
intelligently waived all pertinent rights.
6. A certification by the court or the clerk of the court that at the time of
disposition and in open court the juvenile's fingerprint was permanently affixed to the
document or order.
D. The document or order shall be made a permanent part of the public records of
the court, and the recitations contained in the document or order are prima facie
evidence of the facts that are stated in the recitations.
8-348 Setting aside adjudication; application;release from disabilities; exceptions; definitions
A. Except as provided in subsections C and D of this section, a person who is at
least eighteen years of age, who has been adjudicated delinquent or incorrigible and who
has fulfilled the conditions of probation and discharge ordered by the court or who is
discharged from the department of juvenile corrections pursuant to section 41-2820 on
successful completion of the individual treatment plan may apply to the juvenile court to
set aside the adjudication. The court or the department of juvenile corrections shall
inform the person of this right at the time the person is discharged. The person or, if
authorized in writing, the person's attorney, probation officer or parole officer may
apply to set aside the adjudication. A copy of the application shall be served on the
prosecutor.
B. If the court grants the application, the court shall set aside the adjudication
and shall order that the person be released from all penalties and disabilities resulting
from the adjudication except those imposed by the department of transportation pursuant
to section 28-3304, 28-3306, 28-3307 or 28-3308. Regardless of whether the court sets
aside the adjudication, the adjudication may be used for any purpose as provided in
section 8-207 or 13-501 and the department of transportation may use the adjudication for
the purposes of enforcing the provisions of section 28-3304, 28-3306, 28-3307 or 28-3308
as if the adjudication had not been set aside.
C. A person may not apply to set aside the adjudication if the person either:
1. Has been convicted of a criminal offense.
2. Has a criminal charge pending.
3. Has not successfully completed all of the terms and conditions of probation or
been discharged from the department of juvenile corrections pursuant to section 41-2820
on successful completion of the individualized treatment plan.
4. Has not paid in full all restitution and monetary assessments.
D. This section does not apply to a person who was adjudicated delinquent for any
of the following:
1. An offense involving the infliction of serious physical injury.
2. An offense involving the use or exhibition of a deadly weapon or dangerous
instrument.
3. An offense in violation of title 13, chapter 14.
4. An offense in violation of section 28-1381, 28-1382, 28-1383 or 28-3473.
5. A civil traffic violation under title 28, chapter 3.
E. For the purposes of this section:
1. "Dangerous instrument" and "deadly weapon" have the same meaning prescribed in
section 13-105.
2. "Serious physical injury" has the same meaning prescribed in section 13-105.
8-349 Destruction of juvenile records;electronic research records
A. A person who has been referred to juvenile court may apply for destruction of
the person's juvenile court and department of juvenile corrections records.
B. If the records concern a referral or citation that did not result in further
action or that resulted in diversion, placement in a community based alternative program
or an adjudication for an offense other than an offense listed in section 13-501,
subsection A or B or title 28, chapter 4, the person shall file an application with the
juvenile court and shall serve a copy of the application on the county attorney in the
county in which the referral was made. The person shall certify under oath that all of
the following apply:
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 successfully 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 individualized treatment plan.
5. All restitution and monetary assessments have been paid in full.
C. The juvenile court may order the destruction of records under subsection B 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 all of 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 individualized treatment plan.
6. All restitution and monetary assessments have been paid in full.
7. The destruction of the records is in the interests of justice.
8. The destruction of the records would further the rehabilitative process of the
applicant.
D. If the records concern a referral that resulted in an adjudication of
delinquency for an offense not subject to subsection B of this section the person shall
file the application with the juvenile court and shall serve a copy of the application on
the county attorney in the county in which the referral was made. The person shall
certify under oath that all of the following apply:
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. The person has successfully 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 individualized treatment plan.
5. All restitution and monetary assessments have been paid in full.
E. The juvenile court may order the destruction of records under subsection D of
this section if the county attorney does not object within ninety days after the date of
the notice and the court finds that all of the following apply:
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. The person has successfully completed all of the terms and conditions of
probation, including the payment of all restitution, or been discharged from the
department of juvenile corrections pursuant to section 41-2820 on successful completion
of the individualized treatment plan.
5. All restitution and monetary assessments have been paid in full.
6. The destruction of the records would be in the interests of justice.
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.
8-350 Dangerous offenders; sex offenders;notification to schools; definition
A. If a person 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 person is placed on
probation and is attending school, the court shall notify the elementary or high school
district in which the person resides that the person 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 person attends.
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 the person attends shall make the information it receives
pursuant to this section available to teachers, parents, guardians or custodians upon
request.
D. For the purposes of this section, "dangerous offense" means an offense involving
the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument
or the intentional or knowing infliction of serious physical injury on another person.
8-351 Definition of juvenile intensiveprobation
In this article, unless the context otherwise requires, "juvenile intensive
probation" means a program which is established pursuant to this article of highly
structured and closely supervised juvenile probation and which emphasizes surveillance,
treatment, work, education and home detention.
8-352 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 and the juvenile's history of referrals and adjustments. 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 throughout the term of intensive
probation for not less than thirty-two hours each week:
(a) School.
(b) A court ordered treatment program.
(c) Employment.
(d) Supervised community restitution work.
2. Paying restitution and probation fees except that the inability to pay probation
fees or 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 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.
8-353 Juvenile intensive probation teams;duties; case load limit
A. The chief juvenile probation officer or the director of court services in each
county, with approval of the presiding juvenile court judge of the superior court, shall
appoint juvenile probation teams consisting of two juvenile probation officers or one
juvenile probation officer and one surveillance officer or one juvenile probation officer
and two surveillance officers.
B. A two person intensive probation team shall supervise no more than twenty-five
juveniles at one time. A three person team shall supervise no 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 at least four times per week.
(b) Weekly contact with the school, employer, community restitution agency or
treatment program of the probationer.
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. 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.
6. Perform any other responsibilities required by the terms and conditions imposed
by the court. 8-354 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 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.
8-355 School; employment; community restitutionprograms
The juvenile intensive probation team shall ensure that each juvenile under its
supervision is either employed, attending school, participating in a community
restitution program or attending a court ordered treatment program or any combination
thereof as ordered by the court for not less than thirty-two hours each week. 8-356 Waiver of standards
A. The requirements of section 8-353, subsections A and B and subsection C,
paragraph 2 may be waived by the supreme court for a county with a population of fewer
than three hundred thousand persons if the case load of every officer supervising
juveniles on intensive probation is not more than fifteen juveniles and the program
requires visual contact with each probationer at least one time a week.
B. If a waiver is granted and the intensive probation case load for each officer
does not exceed fifteen, officers may supervise other additional juveniles on probation
who in the judgment of the chief probation officer require additional supervision or pose
a greater than normal risk to the community, as long as the total case load does not
exceed fifteen.
8-357 Budget requests
The presiding juvenile judge of the superior court in the county shall annually
submit a proposed budget for the following fiscal year for the juvenile intensive
probation program to the supreme court. The supreme court shall review each request and
include the counties' requests in its annual budget request and shall allocate to the
participating counties the monies appropriated by the legislature for intensive
probation.
8-358 Juvenile intensive probation guidelines;report
A. The supreme court shall establish juvenile intensive probation guidelines. In
establishing these guidelines the supreme court shall ensure that both:
1. Juveniles who are granted intensive probation meet the requirements of section
8-352.
2. Based on the nature of the offense and the delinquent history of the juvenile,
there are reasonable grounds to believe that the juvenile is able to remain at liberty
without posing a substantial risk to the community.
B. The supreme court shall annually submit a report stating the number of juveniles
supervised on intensive probation during the prior year, the nature of the offense and
the delinquent history of each of these juveniles to the governor, the speaker of the
house of representatives and the president of the senate at the time of its annual budget
request.
C. The supreme court shall contract for an evaluation to determine if the
provisions of this article reduce the number of serious repetitive offenses committed by
juveniles on intensive probation supervision and shall submit the results of the study to
the governor, the speaker of the house of representatives and the president of the
senate.
8-361 Legislative findings and policy
It is declared that juveniles who are not under proper supervision and control, or
who have absconded, escaped or run away, are likely to endanger their own health, morals
and welfare, and the health, morals and welfare of others, and that the cooperation of
this state with other states is necessary to provide for the welfare and protection of
juveniles and of the people of this state. It is therefore the policy of this state, in
adopting the interstate compact on juveniles, to cooperate fully with other states in
returning juveniles to such other states whenever their return is sought and in accepting
the return of juveniles whenever a juvenile residing in this state is found or
apprehended in another state and in taking all measures to initiate proceedings for the
return of such juveniles.
8-362 Execution of compact
The governor shall execute a compact on behalf of this state with any other state or
states legally joining therein in the form substantially as follows:
Interstate Compact on Juveniles
The contracting states solemnly agree:
ARTICLE I -- Findings and Purposes
That juveniles who are not under proper supervision and control, or who have
absconded, escaped or run away, are likely to endanger their own health, morals and
welfare, and the health, morals and welfare of others. The cooperation of the states
party to this compact is therefore necessary to provide for the welfare and protection of
juveniles and of the public with respect to (1) cooperative supervision of delinquent
juveniles on probation or parole; (2) the return, from one state to another, of
delinquent juveniles who have escaped or absconded; (3) the return, from one state to
another, of non-delinquent juveniles who have run away from home; and (4) additional
measures for the protection of juveniles and of the public, which any two or more of the
party states may find desirable to undertake cooperatively. In carrying out the
provisions of this compact the party states shall be guided by the non-criminal,
reformative and protective policies which guide their laws concerning delinquent,
neglected or dependent juveniles generally. It shall be the policy of the states party
to this compact to cooperate and observe their respective responsibilities for the prompt
return and acceptance of juveniles and delinquent juveniles who become subject to the
provisions of this compact. The provisions of this compact shall be reasonably and
liberally construed to accomplish the foregoing purposes.
ARTICLE II -- Existing Rights and Remedies
That all remedies and procedures provided by this compact shall be in addition to
and not in substitution for other rights, remedies and procedures, and shall not be in
derogation of parental rights and responsibilities.
ARTICLE III -- Definitions
That, for the purposes of this compact, "delinquent juvenile" means any juvenile who
has been adjudged delinquent and who, at the time the provisions of this compact are
invoked, is still subject to the jurisdiction of the court that has made such
adjudication or to the jurisdiction or supervision of an agency or institution pursuant
to an order of such court; "probation or parole" means any kind of conditional release of
juveniles authorized under the laws of the states party hereto; "court" means any court
having jurisdiction over delinquent, neglected or dependent children; "state" means any
state, territory or possessions of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico; and "residence" or any variant thereof means a place at
which a home or regular place of abode is maintained.
ARTICLE IV -- Return of Runaways
(a) That the parent, guardian, person or agency entitled to legal custody of a
juvenile who has not been adjudged delinquent but who has run away without the consent of
such parent, guardian, person or agency may petition the appropriate court in the
demanding state for the issuance of a requisition for his return. The petition shall
state the name and age of the juvenile, the name of the petitioner and the basis of
entitlement to the juvenile's custody, the circumstances of his running away, his
location if known at the time application is made, and such other facts as may tend to
show that the juvenile who has run away is endangering his own welfare or the welfare of
others and is not an emancipated minor. The petition shall be verified by affidavit,
shall be executed in duplicate, and shall be accompanied by two certified copies of the
document or documents on which the petitioner's entitlement to the juvenile's custody is
based, such as birth certificates, letters of guardianship, or custody decrees. Such
further affidavits and other documents as may be deemed proper may be submitted with such
petition. The judge of the court to which this application is made may hold a hearing
thereon to determine whether for the purposes of this compact the petitioner is entitled
to the legal custody of the juvenile, whether or not it appears that the juvenile has in
fact run away without consent, whether or not he is an emancipated minor, and whether or
not it is in the best interest of the juvenile to compel his return to the state. If the
judge determines, either with or without a hearing, that the juvenile should be returned,
he shall present to the appropriate court or to the executive authority of the state
where the juvenile is alleged to be located a written requisition for the return of such
juvenile. Such requisition shall set forth the name and age of the juvenile, the
determination of the court that the juvenile has run away without the consent of a
parent, guardian, person or agency entitled to his legal custody, and that it is in the
best interest and for the protection of such juvenile that he be returned. In the event
that a proceeding for the adjudication of the juvenile as a delinquent, neglected or
dependent juvenile is pending in the court at the time when such juvenile runs away, the
court may issue a requisition for the return of such juvenile upon its own motion,
regardless of the consent of the parent, guardian, person or agency entitled to legal
custody, reciting therein the nature and circumstances of the pending proceeding. The
requisition shall in every case be executed in duplicate and shall be signed by the
judge. One copy of the requisition shall be filed with the compact administrator of the
demanding state, there to remain on file subject to the provisions of law governing
records of such court. Upon the receipt of a requisition demanding the return of a
juvenile who has run away, the court or the executive authority to whom the requisition
is addressed shall issue an order to any peace officer or other appropriate person
directing him to take into custody and detain such juvenile. Such detention order must
substantially recite the facts necessary to the validity of its issuance hereunder. No
juvenile detained upon such order shall be delivered over to the officer whom the court
demanding him shall have appointed to receive him, unless he shall first be taken
forthwith before a judge of a court in the state, who shall inform him of the demand made
for his return, and who may appoint counsel or guardian ad litem for him. If the judge
of such court shall find that the requisition is in order, he shall deliver such juvenile
over to the officer whom the court demanding him shall have appointed to receive
him. The judge, however, may fix a reasonable time to be allowed for the purpose of
testing the legality of the proceeding.
Upon reasonable information that a person is a juvenile who has run away from
another state party to this compact without the consent of a parent, guardian, person or
agency entitled to his legal custody, such juvenile may be taken into custody without a
requisition and brought forthwith before a judge of the appropriate court who may appoint
counsel or guardian ad litem for such juvenile and who shall determine after a hearing
whether sufficient cause exists to hold the person, subject to the order of the court,
for his own protection and welfare, for such a time not exceeding ninety days as will
enable his return to another state party to this compact pursuant to a requisition for
his return from a court of that state. If, at the time when a state seeks the return of
a juvenile who has run away, there is pending in the state wherein he is found any
criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an
act committed in such state, or if he is suspected of having committed within such state
a criminal offense or an act of juvenile delinquency, he shall not be returned without
the consent of such state until discharged from prosecution or other form of proceeding,
imprisonment, detention or supervision for such offense or juvenile delinquency. The
duly accredited officers of any state party to this compact, upon the establishment of
their authority and the identity of the juvenile being returned, shall be permitted to
transport such juvenile through any and all states party to this compact, without
interference. Upon his return to the state from which he ran away, the juvenile shall be
subject to such further proceedings as may be appropriate under the laws of that state.
(b) That the state to which a juvenile is returned under this article shall be
responsible for payment of the transportation costs of such return.
(c) That "juvenile" as used in this article means any person who is a minor under
the law of the state of residence of the parent, guardian, person or agency entitled to
the legal custody of such minor.
ARTICLE V -- Return of Escapees and Absconders
(a) That the appropriate person or authority from whose probation or parole
supervision a delinquent juvenile has absconded or from whose institutional custody he
has escaped shall present to the appropriate court or to the executive authority of the
state where the delinquent juvenile is alleged to be located a written requisition for
the return of such delinquent juvenile. Such requisition shall state the name and age of
the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile,
the circumstances of the breach of the terms of his probation or parole or of his escape
from an institution or agency vested with his legal custody or supervision, and the
location of such delinquent juvenile, if known, at the time the requisition is made. The
requisition shall be verified by affidavit, shall be executed in duplicate, and shall be
accompanied by two certified copies of the judgment, formal adjudication, or order of
commitment which subjects such delinquent juvenile to probation or parole or to the legal
custody of the institution or agency concerned. Such further affidavits and other
documents as may be deemed proper may be submitted with such requisition. One copy of
the requisition shall be filed with the compact administrator of the demanding state,
there to remain on file subject to the provisions of law governing records of the
appropriate court. Upon the receipt of a requisition demanding the return of a
delinquent juvenile who has absconded or escaped, the court or the executive authority to
whom the requisition is addressed shall issue an order to any peace officer or other
appropriate person directing him to take into custody and detain such delinquent
juvenile. Such detention order must substantially recite the facts necessary to the
validity of its issuance hereunder. No delinquent juvenile detained upon such order
shall be delivered over to the officer whom the appropriate person or authority demanding
him shall have appointed to receive him, unless he shall first be taken forthwith before
a judge of an appropriate court in the state, who shall inform him of the demand made for
his return and who may appoint counsel or guardian ad litem for him. If the judge of
such court shall find that the requisition is in order, he shall deliver such delinquent
juvenile over to the officer whom the appropriate person or authority demanding him shall
have appointed to receive him. The judge, however, may fix a reasonable time to be
allowed for the purpose of testing the legality of the proceeding.
Upon reasonable information that a person is a delinquent juvenile who has absconded
while on probation or parole, or escaped from an institution or agency vested with his
legal custody or supervision in any state party to this compact, such person may be taken
into custody in any other state party to this compact without a requisition. But in such
event, he must be taken forthwith before a judge of the appropriate court, who may
appoint counsel or guardian ad litem for such person and who shall determine, after a
hearing, whether sufficient cause exists to hold the person subject to the order of the
court for such a time, not exceeding ninety days, as will enable his detention under a
detention order issued on a requisition pursuant to this article. If at the time when a
state seeks the return of a delinquent juvenile who has either absconded while on
probation or parole or escaped from an institution or agency vested with his legal
custody or supervision, there is pending in the state wherein he is detained any criminal
charge or any proceeding to have him adjudicated a delinquent juvenile for an act
committed in such state, or if he is suspected of having committed within such state a
criminal offense or an act of juvenile delinquency, he shall not be returned without the
consent of such state until discharged from prosecution or other form of proceeding,
imprisonment, detention or supervision for such offense or juvenile delinquency. The
duly accredited officers of any state party to this compact, upon the establishment of
their authority and the identity of the delinquent juvenile being returned, shall be
permitted to transport such delinquent juvenile through any and all states party to this
compact, without interference. Upon his return to the state from which he escaped or
absconded, the delinquent juvenile shall be subject to such further proceedings as may be
appropriate under the laws of that state.
(b) That the state to which a delinquent juvenile is returned under this article
shall be responsible for payment of the transportation costs of such return.
ARTICLE VI -- Voluntary Return Procedure
That any delinquent juvenile who has absconded while on probation or parole, or
escaped from an institution or agency vested with his legal custody or supervision in any
state party to this compact, and any juvenile who has run away from any state party to
this compact, who is taken into custody without a requisition in another state party to
this compact under the provisions of article IV(a) or of article V(a), may consent to his
immediate return to the state from which he absconded, escaped or ran away. Such consent
shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad
litem if any, by executing or subscribing a writing, in the presence of a judge of the
appropriate court, which states that the juvenile or delinquent juvenile and his counsel
or guardian ad litem, if any, consent to his return to the demanding state. Before such
consent shall be executed or subscribed, however, the judge, in the presence of counsel
or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his
rights under this compact. When the consent has been duly executed, it shall be
forwarded to and filed with the compact administrator of the state in which the court is
located and the judge shall direct the officer having the juvenile or delinquent juvenile
in custody to deliver him to the duly accredited officer or officers of the state
demanding his return, and shall cause to be delivered to such officer or officers a copy
of the consent. The court may, however, upon the request of the state to which the
juvenile or delinquent juvenile is being returned, order him to return unaccompanied to
such state and shall provide him with a copy of such court order; in such event a copy of
the consent shall be forwarded to the compact administrator of the state to which said
juvenile or delinquent juvenile is ordered to return.
ARTICLE VII -- Cooperative Supervision of
Probationers and Parolees
(a) That the duly constituted judicial and administrative authorities of a state
party to this compact, herein called "sending state", may permit any delinquent juvenile
within such state, placed on probation or parole, to reside in any other state party to
this compact, herein called "receiving state", while on probation or parole, and the
receiving state shall accept such delinquent juvenile, if the parent, guardian or person
entitled to the legal custody of such delinquent juvenile is residing or undertakes to
reside within the receiving state. Before granting such permission, opportunity shall be
given to the receiving state to make such investigations as it deems necessary. The
authorities of the sending state shall send to the authorities of the receiving state
copies of pertinent court orders, social case studies and all other available information
which may be of value to and assist the receiving state in supervising a probationer or
parolee under this compact. A receiving state, in its discretion, may agree to accept
supervision of a probationer or parolee in cases where the parent, guardian or person
entitled to the legal custody of the delinquent juvenile is not a resident of the
receiving state, and if so accepted the sending state may transfer supervision
accordingly.
(b) That each receiving state will assume the duties of visitation and of
supervision over any such delinquent juvenile and in the exercise of those duties will be
governed by the same standards of visitation and supervision that prevail for its own
delinquent juveniles released on probation or parole.
(c) That, after consultation between the appropriate authorities of the sending
state and of the receiving state as to the desirability and necessity of returning such a
delinquent juvenile, the duly accredited officers of a sending state may enter a
receiving state and there apprehend and retake any such delinquent juvenile on probation
or parole. For that purpose, no formalities will be required, other than establishing
the authority of the officer and the identity of the delinquent juvenile to be retaken
and returned. The decision of the sending state to retake a delinquent juvenile on
probation or parole shall be conclusive upon and not reviewable within the receiving
state, but if, at the time the sending state seeks to retake a delinquent juvenile on
probation or parole, there is pending against him within the receiving state any criminal
charge or any proceeding to have him adjudicated a delinquent juvenile for any act
committed in such state or if he is suspected of having committed within such state a
criminal offense or an act of juvenile delinquency, he shall not be returned without the
consent of the receiving state until discharged from prosecution or other form of
proceeding, imprisonment, detention or supervision for such offense or juvenile
delinquency. The duly accredited officers of the sending state shall be permitted to
transport delinquent juveniles being so returned through any and all states party to this
compact, without interference.
(d) That the sending state shall be responsible under this article for paying the
costs of transporting any delinquent juvenile to the receiving state or of returning any
delinquent juvenile to the sending state.
ARTICLE VIII -- Responsibility for Costs
(a) That the provisions of articles IV(b), V(b) and VII(d) of this compact shall
not be construed to alter or affect any internal relationship among the departments,
agencies and officers of and in the government of a party state, or between a party state
and its subdivisions, as to the payment of costs, or responsibilities therefor.
(b) That nothing in this compact shall be construed to prevent any party state or
subdivision thereof from asserting any right against any person, agency or other entity
in regard to costs for which such party state or subdivision thereof may be responsible
pursuant to articles IV (b), V(b) or VII(d) of this compact.
ARTICLE IX -- Detention Practices
That, to every extent possible, it shall be the policy of states party to this
compact that no juvenile or delinquent juvenile shall be placed or detained in any
prison, jail or lockup nor be detained or transported in association with criminal,
vicious or dissolute persons.
ARTICLE X -- Supplementary Agreements
That the duly constituted administrative authorities of a state party to this
compact may enter into supplementary agreements with any other state or states party
hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles
whenever they shall find that such agreements will improve the facilities or programs
available for such care, treatment and rehabilitation. Such care, treatment and
rehabilitation may be provided in an institution located within any state entering into
such supplementary agreement. Such supplementary agreements shall (1) provide the rates
to be paid for the care, treatment and custody of such delinquent juveniles, taking into
consideration the character of facilities, services and subsistence furnished; (2)
provide that the delinquent juvenile shall be given a court hearing prior to his being
sent to another state for care, treatment and custody; (3) provide that the state
receiving such a delinquent juvenile in one of its institutions shall act solely as agent
for the state sending such delinquent juvenile; (4) provide that the sending state shall
at all times retain jurisdiction over delinquent juveniles sent to an institution in
another state; (5) provide for reasonable inspection of such institutions by the sending
state; (6) provide that the consent of the parent, guardian, person or agency entitled to
the legal custody of said delinquent juvenile shall be secured prior to his being sent to
another state; and (7) make provision for such other matters and details as shall be
necessary to protect the rights and equities of such delinquent juveniles and of the
cooperating states.
ARTICLE XI -- Acceptance of Federal and Other Aid
That any state party to this compact may accept any and all donations, gifts and
grants of money, equipment and services from the federal or any local government, or any
agency thereof and from any person, firm or corporation, for any of the purposes and
functions of this compact, and may receive and utilize the same subject to the terms,
conditions and regulations governing such donations, gifts and grants.
ARTICLE XII -- Compact Administrators
That the governor of each state party to this compact shall designate an officer
who, acting jointly with like officers of other party states, shall promulgate rules and
regulations to carry out more effectively the terms and provisions of this compact.
ARTICLE XIII -- Execution of Compact
That this compact shall become operative immediately upon its execution by any state
as between it and any other state or states so executing. When executed it shall have
the full force and effect of law within such state, the form of execution to be in
accordance with the laws of the executing state.
ARTICLE XIV -- Renunciation
That this compact shall continue in force and remain binding upon each executing
state until renounced by it. Renunciation of this compact shall be by the same authority
which executed it, by sending six months' notice in writing of its intention to withdraw
from the compact to the other states party hereto. The duties and obligations of a
renouncing state under article VII hereof shall continue as to parolees and probationers
residing therein at the time of withdrawal until retaken or finally
discharged. Supplementary agreements entered into under article X hereof shall be
subject to renunciation as provided by such supplementary agreements, and shall not be
subject to the six months' renunciation notice of the present article.
ARTICLE XV -- Severability
That the provisions of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be contrary to the constitution of
any participating state or of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government, agency, person or
circumstances shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state participating therein, the compact shall remain in full
force and effect as to the remaining states and in full force and effect as to the state
affected as to all severable matters.
ARTICLE XVI -- Additional Article
That this article shall provide additional remedies, and shall be binding only as
among and between those party states which specifically execute the same.
For the purposes of this article, "child", as used herein, means any minor within
the jurisdictional age limits of any court in the home state.
When any child is brought before a court of a state of which such child is not a
resident, and such state is willing to permit such child's return to the home state of
such child, such home state, upon being so advised by the state in which such proceeding
is pending, shall immediately institute proceedings to determine the residence and
jurisdictional facts as to such child in such home state, and upon finding that such
child is in fact a resident of said state and subject to the jurisdiction of the court
thereof, shall within five days authorize the return of such child to the home state, and
to the parent or custodial agency legally authorized to accept such custody in such home
state, and at the expense of such home state, to be paid from such funds as such home
state may procure, designate, or provide, prompt action being of the essence.
AMENDMENT TO THE INTERSTATE COMPACT ON JUVENILES,
CONCERNING INTERSTATE RENDITION OF JUVENILES
ALLEGED TO BE DELINQUENT
(a) This amendment shall provide additional remedies, and shall be binding only as
among and between those party states which specifically execute the same.
(b) All provisions and procedures of articles V and VI of the interstate compact on
juveniles shall be construed to apply to any juvenile charged with being a delinquent by
reason of a violation of any criminal law. Any juvenile, charged with being a delinquent
by reason of violating any criminal law shall be returned to the requesting state upon a
requisition to the state where the juvenile may be found. A petition in such case shall
be filed in a court of competent jurisdiction in the requesting state where the violation
of criminal law is alleged to have been committed. The petition may be filed regardless
of whether the juvenile has left the state before or after the filing of the petition.
The requisition described in article V of the compact shall be forwarded by the judge of
the court in which the petition has been filed.
8-363 Juvenile compact administrator
Pursuant to the compact, the governor shall designate the director of the department
of juvenile corrections as the compact administrator. The compact administrator, acting
jointly with like officers of other party states, shall adopt rules to carry out more
effectively the terms of the compact. The compact administrator shall cooperate with all
departments, agencies and officers of and in the government of this state and its
subdivisions in facilitating the proper administration of the compact or of any
supplementary agreement or agreements entered into by this state thereunder.
8-364 Supplementary agreements
The compact administrator shall have authority to enter into supplementary
agreements with appropriate officials of other states pursuant to the compact. In the
event that such supplementary agreement requires or contemplates the use of any
institution or facility of this state or requires or contemplates the provision of any
service by this state, the supplementary agreement shall have no force or effect until
approved by the head of the department or agency under whose jurisdiction the institution
or facility is operated or whose department or agency will be charged with the rendering
of the service.
8-365 Financial arrangements
The compact administrator, subject to the approval of the director of the department
of administration, may make or arrange for any payments necessary to discharge any
financial obligations imposed upon this state by the compact or by any supplementary
agreement entered into thereunder.
8-366 Responsibilities of state departments,agencies and officers
The courts, departments, agencies and officers of this state and its subdivisions
shall enforce this compact and shall do all things appropriate to the effectuation of its
purposes and intent which may be within their respective jurisdictions.
8-367 Additional procedures notprecluded
In addition to any procedure provided in articles IV and VI of the compact for the
return of any runaway juvenile, the particular states, the juvenile or his parents, the
courts, or other legal custodian involved may agree upon and adopt any other plan or
procedure legally authorized under the laws of this state and the other respective party
states for the return of any runaway juvenile.
8-368.01 Commission assessments
The department of juvenile corrections shall pay the assessment that is levied each
year by the interstate commission for juveniles pursuant to section 8-368. 8-368 Adoption of interstate compact forjuveniles
The governor is authorized and directed to enter into a compact on behalf of this
state with any of the United States lawfully joined in the compact in a form
substantially as follows:
ARTICLE I
PURPOSE
A. This state and the other compacting states to this interstate compact recognize
that each state is responsible for the proper supervision or return of juveniles,
delinquents and status offenders who are on probation or parole and who have absconded,
escaped or run away from supervision and control and in so doing who have endangered
their own safety and the safety of others. The compacting states also recognize that
Congress, by enacting the crime control act, 4 United States Code Section 112 (1965), has
authorized and encouraged compacts for cooperative efforts and mutual assistance in the
prevention of crime.
B. It is the purpose of this compact, through means of joint and cooperative action
among the compacting states, to do all of the following:
1. Ensure that adjudicated juveniles and status offenders who are subject to this
compact are provided with adequate supervision and services in the receiving state as
ordered by the adjudicating judge or parole authority in the sending state.
2. Ensure that the public safety interests of the citizens, including the victims
of juvenile offenders, in both the sending and receiving states are adequately protected.
3. Return juveniles who have run away, absconded or escaped from supervision or
control or have been accused of an offense to the state requesting their return.
4. Make contracts for the cooperative institutionalization in public facilities in
member states for delinquent youth who need special services.
5. Provide for the effective tracking and supervision of juveniles.
6. Equitably distribute the costs, benefits and obligations of the compact among
the compacting states.
7. Establish procedures to manage the movement between states of juvenile offenders
who are released to the community under the jurisdiction of courts, juvenile departments
or any other criminal or juvenile justice agency that has jurisdiction over juvenile
offenders.
8. Ensure immediate notice to jurisdictions where defined offenders are authorized
to travel or to relocate across state lines.
9. Establish procedures to resolve pending charges or detainers against juvenile
offenders before transfer or release to the community under the terms of this compact.
10. Establish a system of uniform data collection pertaining to juveniles who are
subject to this compact that allows access by authorized criminal justice officials and
regular reporting of compact activities to heads of state executive, judicial and
legislative branches and criminal justice administrators.
11. Monitor compliance with rules governing interstate movement of juveniles and
initiate interventions to address and correct noncompliance.
12. Coordinate training and education regarding the regulation of interstate
movement of juveniles for officials involved in such activity.
13. Coordinate the implementation and operation of the compact with the interstate
compact for the placement of children, the interstate compact for the supervision of
adult offenders and other compacts that affect juveniles, particularly in those cases
where concurrent or overlapping supervision issues arise.
C. It is the policy of the compacting states that the activities that are conducted
by the interstate commission created under this compact are the formation of public
policies and therefore are public business. Furthermore, the compacting states shall
cooperate and observe their individual and collective duties and responsibilities for the
prompt return and acceptance of juveniles who are subject to the provisions of this
compact. The provisions of this compact shall be reasonably and liberally construed to
accomplish the purposes and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different
construction:
1. "Bylaws" mean those bylaws established by the interstate commission for its
governance or for directing or controlling the interstate commission's actions or
conduct.
2. "Commissioner" means the voting representative of each compacting state who is
appointed pursuant to Article III of this compact.
3. "Compact administrator" means the individual in each compacting state who is
appointed pursuant to the terms of this compact and who is responsible for the
administration and management of the state's supervision and transfer of juveniles who
are subject to the terms of this compact, the rules adopted by the interstate commission
and policies adopted by the state council under this compact.
4. "Compacting state" means any state that has enacted the enabling legislation
for this compact.
5. "Court" means any court that has jurisdiction over delinquent, neglected or
dependent children.
6. "Deputy compact administrator" means the individual, if any, in each compacting
state who is appointed to act on behalf of a compact administrator pursuant to the terms
of this compact and who is responsible for the administration and management of the
state's supervision and transfer of juveniles who are subject to the terms of this
compact, the rules adopted by the interstate commission and policies adopted by the state
council under this compact.
7. "Interstate commission" means the interstate commission for juveniles
established by this compact.
8. "Juvenile" means any person who is defined as a juvenile in any member state or
by the rules of the interstate commission, including:
(a) Accused delinquents. For the purposes of this subdivision, "accused
delinquents" means persons who are charged with an offense that, if committed by an
adult, would be a criminal offense.
(b) Adjudicated delinquents. For the purposes of this subdivision, "adjudicated
delinquents" means persons who have been found to have committed an offense that, if
committed by an adult, would be a criminal offense.
(c) Accused status offenders. For the purposes of this subdivision, "accused status
offenders" means persons who are charged with an offense that would not be a criminal
offense if committed by an adult.
(d) Adjudicated status offenders. For the purposes of this subdivision,
"adjudicated status offenders" means persons who have been found to have committed an
offense that would not be a criminal offense if committed by an adult.
(e) Nonoffenders. For the purposes of this subdivision, "nonoffenders" means
persons who are in need of supervision and who have not been accused or adjudicated as
status offenders or delinquents.
9. "Noncompacting state" means any state that has not enacted the enabling
legislation for this compact.
10. "Probation or parole" means any kind of supervision or conditional release of
juveniles that is authorized under the laws of the compacting states.
11. "Rules" means any written statement by the interstate commission that is
adopted pursuant to article VI of this compact, that is of general applicability and that
implements, interprets or prescribes a policy or provision of the compact, or an
organizational, procedural or practice requirement of the commission, and that has the
force and effect of statutory law in a compacting state and includes the amendment,
repeal or suspension of an existing rule.
12. "State" means a state of the United States, the District of Columbia or its
designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa and the Northern Mariana Islands.
ARTICLE III
Interstate commission for juveniles
A. The compacting states hereby create the "interstate commission for juveniles".
The interstate commission shall be a body corporate and joint agency of the compacting
states. The interstate commission shall have all the responsibilities, powers and duties
set forth herein and such additional powers as may be conferred upon it by subsequent
action of the respective legislatures of the compacting states in accordance with the
terms of this compact.
B. The interstate commission shall consist of commissioners who are appointed by
the appropriate appointing authority in each state pursuant to the rules and requirements
of each compacting state and in consultation with the state council for interstate
juvenile supervision created under this compact. The commissioner shall be the compact
administrator, deputy compact administrator or designee from that state who shall serve
on the interstate commission in such capacity under or pursuant to the applicable law of
the compacting state.
C. In addition to the commissioners who are the voting representatives of each
state, the interstate commission shall include individuals who are not commissioners but
who are members of interested organizations. The noncommissioner members must include a
member of the national organizations of governors, legislators, state chief justices,
attorneys general, interstate compact for the supervision of adult offenders, interstate
compact for the placement of children, juvenile justice and juvenile corrections
officials and crime victims. All noncommissioner members of the interstate commission
shall be ex officio or nonvoting members. The interstate commission may provide in its
bylaws for such additional ex officio or nonvoting members, including members of other
national organizations, in such numbers as is determined by the commission.
D. Each compacting state represented at any meeting of the interstate commission is
entitled to one vote. A majority of the compacting states shall constitute a quorum for
the transaction of business, unless a larger quorum is required by the bylaws of the
interstate commission.
E. The interstate commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request of a simple majority of
the compacting states, shall call additional meetings. Public notice shall be given of
all meetings, and meetings shall be open to the public.
F. The interstate commission shall establish an executive committee which shall
include commission officers, members and others as shall be determined by the bylaws.
The executive committee shall have the power to act on behalf of the interstate
commission during periods when the interstate commission is not in session, with the
exception of rule making or amendment to the compact, or both. The executive committee
oversees the day-to-day activities of the administration of the compact managed by an
executive director and interstate commission staff, administers enforcement and
compliance with the provisions of the compact, its bylaws and rules and performs other
duties as directed by the interstate commission or set forth in the bylaws.
G. Each member of the interstate commission shall have the right and power to cast
a vote to which that compacting state is entitled and to participate in the business and
affairs of the interstate commission. A member shall vote in person and shall not
delegate a vote to another compacting state. However, a commissioner, in consultation
with the state council, shall appoint another authorized representative, in the absence
of the commissioner from that state, to cast a vote on behalf of the compacting state at
a specified meeting. The bylaws may provide for members' participation in meetings by
telephone or other means of telecommunication or electronic communication.
H. The interstate commission's bylaws shall establish conditions and procedures
under which the interstate commission shall make its information and official records
available to the public for inspection or copying. The interstate commission may exempt
from disclosure any information or official records to the extent they would adversely
affect personal privacy rights or proprietary interests.
I. Public notice shall be given of all meetings and all meetings shall be open to
the public, except as set forth in the rules or as otherwise provided in the compact.
The interstate commission and any of its committees may close a meeting to the public if
it determines by two-thirds vote that an open meeting would be likely to:
1. Relate solely to the interstate commission's internal personnel practices and
procedures.
2. Disclose matters specifically exempted from disclosure by statute.
3. Disclose trade secrets or commercial or financial information which is
privileged or confidential.
4. Involve accusing any person of a crime or formally censuring any person.
5. Disclose information of a personal nature if disclosure would constitute a
clearly unwarranted invasion of personal privacy.
6. Disclose investigative records compiled for law enforcement purposes.
7. Disclose information contained in or related to examination, operating or
condition reports prepared by, or on behalf of or for the use of, the interstate
commission with respect to a regulated person or entity for the purpose of regulation or
supervision of such person or entity.
8. Disclose information, the premature disclosure of which would significantly
endanger the life of a person or the stability of a regulated person or entity.
9. Specifically relate to the interstate commission's issuance of a subpoena or its
participation in a civil action or other legal proceeding.
J. For every meeting closed pursuant to this article, the interstate commission's
legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting
may be closed to the public and shall reference each relevant exemptive provision. The
interstate commission shall keep minutes which shall fully and clearly describe all
matters discussed in any meeting and shall provide a full and accurate summary of any
actions taken, and the reasons therefor, including a description of each of the views
expressed on any item and the record of any roll call vote reflected in the vote of each
member on the question. All documents considered in connection with any action shall be
identified in such minutes.
K. The interstate commission shall collect standardized data concerning the
interstate movement of juveniles as directed through its rules. The rules shall specify
the data to be collected, the means of collection and data exchange and reporting
requirements. Such methods of data collection, exchange and reporting shall insofar as is
reasonably possible conform to up-to-date technology and coordinate their information
functions with the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers:
1. To provide for dispute resolution among compacting states.
2. To promulgate rules to effect the purposes and obligations as enumerated in
this compact. The rules shall have the force and effect of statutory law and shall be
binding in the compacting states to the extent and in the manner provided in this
compact.
3. To oversee, supervise and coordinate the interstate movement of juveniles
subject to the terms of this compact and any bylaws adopted and rules promulgated by the
interstate commission.
4. To enforce compliance with compact provisions, interstate commission rules and
bylaws, using all necessary and proper means, including, but not limited to, the use of
judicial process.
5. To establish and maintain offices which shall be located within one or more of
the compacting states.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, hire or contract for services of personnel.
8. To establish and appoint committees and hire staff which it deems necessary
for the carrying out of its functions including, but not limited to, an executive
committee as required by article III which shall have the power to act on behalf of the
interstate commission in carrying out its powers and duties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents or
consultants, to fix their compensation, define their duties and determine their
qualifications and to establish the interstate commission's personnel policies and
programs relating to, among other things, conflicts of interest, rates of compensation
and qualifications of personnel.
10. To accept any and all donations and grants of money, equipment, supplies,
materials and services and to receive, utilize and dispose of them.
11. To lease, purchase, accept contributions or donations of, or otherwise to own,
hold, improve or use, any property, real, personal or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise
dispose of any property, real, personal or mixed.
13. To establish a budget and make expenditures and levy dues as provided in
article VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management and operation of the
interstate commission.
16. To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact.
17. To report annually to the legislatures, governors, judiciary and state
councils of the compacting states concerning the activities of the interstate commission
during the preceding year. Such reports shall also include any recommendations that may
have been adopted by the interstate commission.
18. To coordinate education, training and public awareness regarding the interstate
movement of juveniles for officials involved in such activity.
19. To establish uniform standards for the reporting, collecting and exchanging of
data.
20. To maintain its corporate books and records in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. The interstate commission, by a majority of the members, within twelve months of
the first interstate commission meeting, shall adopt bylaws to govern its conduct as may
be necessary or appropriate to carry out the purposes of the compact, including, but not
limited to:
1. Establishing the fiscal year of the interstate commission.
2. Establishing an executive committee and such other committees as may be
necessary.
3. Providing for the establishment of committees governing any general or specific
delegation of any authority or function of the interstate commission.
4. Providing reasonable procedures for calling and conducting meetings of the
interstate commission and ensuring reasonable notice of each such meeting.
5. Establishing the titles and responsibilities of the officers of the interstate
commission.
6. Providing a mechanism for winding up the operations of the interstate commission
and the equitable return of any surplus funds that may exist upon the termination of the
compact after the payment or reserving, or both, of all of its debts and obligations.
7. Providing start-up rules for initial administration of the compact.
8. Establishing standards and procedures for compliance and technical assistance in
carrying out the compact.
B. The interstate commission, by a majority of the members, shall elect from among
its members a chairperson and a vice-chairperson, each of whom shall have such
authorities and duties as may be specified in the bylaws. The chairperson or, in the
chairperson's absence or disability, the vice-chairperson, shall preside at all meetings
of the interstate commission. The officers so elected shall serve without compensation or
remuneration from the interstate commission, except that, subject to the availability of
budgeted funds, the officers shall be reimbursed for any actual and necessary costs and
expenses incurred by them in the performance of their duties and responsibilities as
officers of the interstate commission.
C. The interstate commission, through its executive committee, shall appoint or
retain an executive director for such period, upon such terms and conditions and for such
compensation as the interstate commission may deem appropriate. The executive director
shall serve as secretary to the interstate commission, shall not be a member and shall
hire and supervise such other staff as may be authorized by the interstate commission.
D. The interstate commission's executive director and employees shall be immune
from suit and liability, either personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability caused or
arising out of any actual or alleged act, error or omission that occurred within the
scope of interstate commission employment, duties or responsibilities, except that any
such person shall not be protected from suit or liability for any damage, loss, injury or
liability caused by the intentional or willful and wanton misconduct of any such person.
E. The liability of any commissioner, or the employee or agent of a commissioner,
acting within the scope of such person's employment or duties for acts, errors or
omissions occurring within such person's state may not exceed the limits of liability set
forth under the constitution and laws of that state for state officials, employees and
agents. Nothing in this subsection shall be construed to protect any such person from
suit or liability for any damage, loss, injury or liability caused by the intentional or
willful and wanton misconduct of any such person.
F. The interstate commission shall defend the executive director or the employees
or representatives of the interstate commission and, subject to the approval of the
attorney general of the state represented by any commissioner of a compacting state,
shall defend such commissioner or the commissioner's representatives or employees in any
civil action seeking to impose liability arising out of any actual or alleged act, error
or omission that occurred within the scope of interstate commission employment, duties or
responsibilities, or that the defendant had a reasonable basis for believing occurred
within the scope of interstate commission employment, duties or responsibilities, if the
actual or alleged act, error or omission did not result from intentional or willful and
wanton misconduct on the part of such person.
G. The interstate commission shall indemnify and hold the commissioner of a
compacting state, the commissioner's representatives or employees or the interstate
commission's representatives or employees harmless in the amount of any settlement or
judgment obtained against such persons arising out of any actual or alleged act, error or
omission that occurred within the scope of interstate commission employment, duties or
responsibilities, or that such persons had a reasonable basis for believing occurred
within the scope of interstate commission employment, duties or responsibilities, if the
actual or alleged act, error or omission did not result from intentional or willful and
wanton misconduct on the part of such person.
ARTICLE VI
RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The interstate commission shall promulgate and publish rules in order to
effectively and efficiently achieve the purposes of the Compact.
B. Rule making shall occur pursuant to the criteria set forth in this article and
the bylaws and rules adopted pursuant thereto. Such rule making shall substantially
conform to the principles of the "model state administrative procedures act," 1981 Act,
Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedures
act, as the interstate commission deems appropriate consistent with due process
requirements under the United States Constitution as now or hereafter interpreted by the
United States supreme court. All rules and amendments shall become binding as of the
date specified in each rule or amendment, as published with the final version of the rule
as approved by the interstate commission.
C. When promulgating a rule, the interstate commission, at a minimum, shall:
1. Publish the proposed rule's entire text stating the reason for the proposed
rule.
2. Allow and invite persons to submit written data, facts, opinions and arguments.
This information shall be added to the record and made publicly available.
3. Provide an opportunity for an informal hearing if petitioned by ten or more
persons.
4. Promulgate a final rule and its effective date, if appropriate, based on input
from state or local officials or interested parties.
D. Not later than sixty days after a rule is promulgated, any interested person may
file a petition in the United States district court for the District of Columbia or in
the federal district court where the interstate commission's principal office is located
for judicial review of such rule. If the court finds that the interstate commission's
action is not supported by substantial evidence in the rule making record, the court
shall hold the rule unlawful and set it aside.
E. If a majority of the legislatures of the compacting states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the compact, the
rule shall have no further force and effect in any compacting state.
F. The existing rules governing the operation of the interstate compact on
juveniles superseded by this act shall be null and void twelve months after the first
meeting of the interstate commission created hereunder.
G. Upon determination by the interstate commission that an emergency exists, it may
promulgate an emergency rule which shall become effective immediately upon adoption,
except that the usual rule making procedures provided hereunder shall be retroactively
applied to the rule as soon as reasonably possible, but no later than ninety days after
the effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
A. The interstate commission shall oversee the administration and operations of the
interstate movement of juveniles subject to this compact in the compacting states and
shall monitor such activities being administered in noncompacting states which may
significantly affect compacting states.
B. The courts and executive agencies in each compacting state shall enforce this
compact and shall take all actions necessary and appropriate to effectuate the compact's
purposes and intent. The provisions of this compact and the rules promulgated hereunder
shall be received by all the judges, public officers, commissions and departments of the
state government as evidence of the authorized statute and administrative rules. All
courts shall take judicial notice of the compact and the rules. In any judicial or
administrative proceeding in a compacting state pertaining to the subject matter of this
compact which may affect the powers, responsibilities or actions of the interstate
commission, the interstate commission shall be entitled to receive all service of process
in any such proceeding and shall have standing to intervene in the proceeding for all
purposes.
C. The compacting states shall report to the interstate commission on issues or
activities necessary for the administration of the compact as well as issues and
activities pertaining to compliance with the provisions of the compact and its bylaws and
rules.
D. On the request of a compacting state, the interstate commission shall attempt to
resolve any disputes or other issues which are subject to the compact and which may arise
among compacting states and between compacting and noncompacting states. The interstate
commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states.
E. The interstate commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of this compact using any or all means set forth in
article XI of this compact.
ARTICLE VIII
FINANCE
A. The interstate commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization and ongoing activities.
B. The interstate commission shall levy on and collect an annual assessment from
each compacting state to cover the cost of the internal operations and activities of the
interstate commission and its staff which must be in a total amount sufficient to cover
the interstate commission's annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by the
interstate commission, taking into consideration the population of each compacting state
and the volume of interstate movement of offenders in each compacting state and shall
promulgate a rule binding upon all compacting states which governs the assessment.
C. The interstate commission shall not incur any obligations of any kind before
securing the funds adequate to meet the same. Nor shall the interstate commission pledge
the credit of any of the compacting states, except by and with the authority of the
compacting state.
D. The interstate commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the interstate commission shall be
subject to the audit and accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the interstate commission shall be audited
yearly by a certified or licensed public accountant and the report of the audit shall be
included in and become part of the annual report of the interstate commission.
ARTICLE IX
THE STATE COUNCIL
A. Each member state shall create a state council for interstate juvenile
supervision. While each state may determine the membership of its own state council, its
membership must include at least one representative from the legislative, judicial and
executive branches of government, victims groups and the compact administrator, deputy
compact administrator or designee. Each compacting state retains the right to determine
the qualifications of the compact administrator or deputy administrator.
B. Each state council shall exercise oversight and advocacy concerning that state's
participation in interstate commission activities and other duties as determined by that
state, including, but not limited to, the development of policy concerning operations and
procedures of the compact within that state.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state, the District of Columbia or its designee, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Mariana
Islands as defined in article II of this compact are eligible to become compacting
states.
B. The compact shall become effective and binding upon legislative enactment of the
compact into law by no less than thirty-five of the States. The initial effective date
shall be the later of July 1, 2004, or upon enactment into law by the thirty-fifth
jurisdiction. Thereafter it shall become effective and binding, as to any other
compacting state, upon enactment of the compact into law by that state. The governors of
nonmember states or their designees will be invited to participate in interstate
commission activities on a nonvoting basis before adoption of the compact by all states
and territories of the United States.
C. The interstate commission may propose amendments to the compact for enactment by
the compacting states. No amendment shall become effective and binding upon the
interstate commission and the compacting states unless and until it is enacted into law
by unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
A. Once effective, the compact shall continue in force and remain binding upon each
and every compacting state, except that a compacting state may withdraw from the compact
by enacting a statute specifically repealing the statute which enacted the compact into
law. The effective date of withdrawal is the effective date of the repeal.
B. The withdrawing state shall immediately notify the chairperson of the interstate
commission in writing upon the introduction of legislation repealing this compact in the
withdrawing state. The interstate commission shall notify the other compacting states of
the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
C. The withdrawing state is responsible for all assessments, obligations and
liabilities incurred through the effective date of withdrawal, including any obligations,
the performance of which extend beyond the effective date of withdrawal.
D. Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
interstate commission.
E. If the interstate commission determines that any compacting state has at any
time defaulted in the performance of any of its obligations or responsibilities under
this compact, the bylaws or any duly promulgated rules the interstate commission may
impose any or all of the following penalties:
1. Remedial training and technical assistance as directed by the interstate
commission.
2. Alternative dispute resolution.
3. Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by
the interstate commission.
4. Suspension or termination of membership in the compact. Suspension shall be
imposed only after all other reasonable means of securing compliance under the bylaws and
rules have been exhausted and the interstate commission has therefore determined that the
offending state is in default. Immediate notice of suspension shall be given by the
interstate commission to the governor, the chief justice or chief judicial officer of the
state, the majority and minority leaders of the defaulting state's legislature and the
state council. The grounds for default include, but are not limited to, failure of a
compacting state to perform such obligations or responsibilities imposed upon it by this
compact, the bylaws or duly promulgated rules and any other grounds designated in
commission bylaws and rules. The interstate commission shall immediately notify the
defaulting state in writing of the penalty imposed by the interstate commission on the
defaulting state pending a cure of the default. The interstate commission shall stipulate
the conditions and the time period within which the defaulting state must cure its
default. If the defaulting state fails to cure the default within the time period
specified by the interstate commission, the defaulting state shall be terminated from the
compact upon an affirmative vote of a majority of the compacting states and all rights,
privileges and benefits conferred by this compact shall be terminated from the effective
date of termination.
F. Within sixty days of the effective date of termination of a defaulting state,
the interstate commission shall notify the governor, the chief justice or chief judicial
officer, the majority and minority leaders of the defaulting state's legislature and the
state council of such termination.
G. The defaulting state is responsible for all assessments, obligations and
liabilities incurred through the effective date of termination including any obligations,
the performance of which extends beyond the effective date of termination.
H. The interstate commission shall not bear any costs relating to the defaulting
state unless otherwise mutually agreed upon between the interstate commission and the
defaulting state.
I. Reinstatement following termination of any compacting state requires both a
reenactment of the compact by the defaulting state and the approval of the interstate
commission pursuant to the rules.
J. The interstate commission, by majority vote of the members, may initiate legal
action in the United States district court for the District of Columbia or, at the
discretion of the interstate commission, in the federal district where the interstate
commission has its offices to enforce compliance with the provisions of the compact, its
duly promulgated rules and bylaws, against any compacting state in default. In the event
judicial enforcement is necessary the prevailing party shall be awarded all costs of such
litigation, including reasonable attorney fees.
K. The compact dissolves effective upon the date of the withdrawal or default of
the compacting state which reduces membership in the compact to one compacting state.
Upon the dissolution of this compact, the compact becomes null and void and shall be of
no further force or effect, and the business and affairs of the interstate commission
shall be wound up and any surplus funds shall be distributed in accordance with the
bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any phrase, clause,
sentence or provision is deemed unenforceable, the remaining provisions of the compact
shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its
purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Nothing herein prevents the enforcement of any other law of a compacting state
that is not inconsistent with this compact.
B. All compacting states' laws other than state constitutions and other interstate
compacts conflicting with this compact are superseded to the extent of the conflict.
C. All lawful actions of the interstate commission, including all rules and bylaws
promulgated by the interstate commission, are binding on the compacting states. All
agreements between the interstate commission and the compacting states are binding in
accordance with their terms.
D. On the request of a party to a conflict over meaning or interpretation of
interstate commission actions, and on a majority vote of the compacting states, the
interstate commission may issue advisory opinions regarding such meaning or
interpretation.
E. In the event any provision of this compact exceeds the constitutional limits
imposed on the legislature of any compacting state, the obligations, duties, powers or
jurisdiction sought to be conferred by such provision upon the interstate commission
shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in
the compacting state and shall be exercised by the agency thereof to which such
obligations, duties, powers or jurisdiction are delegated by law in effect at the time
this compact becomes effective.
8-371 Educational rehabilitation
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 upon 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.
8-381 Applicability
This article applies to acts that are committed by a juvenile and that if committed
by an adult would be either:
1. A misdemeanor offense involving physical injury, the threat of physical injury
or a sexual offense.
2. A felony offense.
8-382 Definitions
In this article, unless the context otherwise requires:
1. "Accused" means a juvenile who is referred to juvenile court for committing a
delinquent act.
2. "Appellate proceeding" means any contested matter before the state court of
appeals, the state supreme court, a federal court of appeals or the United States supreme
court.
3. "Arrest" means the actual custodial restraint or temporary custody of a person.
4. "Court" means the juvenile division of the superior court when exercising its
jurisdiction over children in any proceeding relating to delinquency.
5. "Crime victim advocate" means a person who is employed or authorized by a public
entity or a private entity that receives public funding primarily to provide counseling,
treatment or other supportive assistance to crime victims.
6. "Custodial agency" means any law enforcement officer or agency, a sheriff, a
county juvenile detention center, the department of juvenile corrections or a secure
mental health facility that has custody of a person who is arrested or in custody for a
delinquent or incorrigible offense.
7. "Delinquency proceeding" means any hearing, argument or other matter that is
scheduled or held by a juvenile court judge, commissioner or hearing officer and that
relates to an alleged or adjudicated delinquent offense.
8. "Delinquent" means a child who is adjudicated to have committed a delinquent
act.
9. "Delinquent act" means an act to which this article applies pursuant to section
8-381.
10. "Detention hearing" means the accused's initial appearance before the court to
determine release before adjudication.
11. "Final disposition" means the ultimate termination of the delinquency proceeding
by a court, including dismissal, acquittal, transfer to adult court or imposition of a
disposition after an adjudication for a delinquent offense.
12. "Immediate family" means a victim's spouse, parent, child, sibling, grandparent
or lawful guardian.
13. "Juvenile defendant" means a juvenile against whom a petition is filed seeking
to have the juvenile adjudicated delinquent.
14. "Lawful representative" means a person who is designated by the victim or
appointed by the court and who will act in the best interests of the victim.
15. "Postadjudication release" means release on probation, intensive probation, work
furlough, community supervision or home detention, release on conditional liberty
pursuant to section 41-2818 by the department of juvenile corrections or any other
permanent, conditional or temporary release from confinement, discharge or completion of
commitment by the department of juvenile corrections, a sheriff, a municipal jail, a
juvenile detention center, a residential treatment facility or a secure mental health
facility.
16. "Postadjudication review hearing" means a hearing that is held in open court and
that involves a request by the juvenile for review of a disposition.
17. "Postarrest release" means the discharge of the accused from confinement.
18. "Release" means no longer in the custody of the custodial agency and includes
transfer from one custodial agency to another custodial agency.
19. "Rights" means any right granted to the victim by the laws of this state.
20. "Victim" means a person against whom the delinquent act was committed, or if the
person is killed or incapacitated, the person's spouse, parent, child, grandparent or
sibling, any other person related to the person by consanguinity or affinity to the
second degree or any other lawful representative of the person, except if the spouse,
parent, child, grandparent, sibling, other person related to the person by consanguinity
or affinity to the second degree or other lawful representative is in custody for an
offense or is the accused.
8-383.01 Victims' rights; dismissed counts
A. If a criminal offense against a victim has been charged but the prosecution on
the count or counts involving the victim has been or is being dismissed as the result of
a plea agreement in which the defendant is pleading to or pled to other charges, the
victim of the offenses involved in the dismissed counts, on request, may exercise all the
applicable rights of a crime victim throughout the criminal justice process as though the
count or counts involving the person had not been dismissed.
B. As to each count that is dismissed, the prosecutor shall notify the probation
department if the victim requested the victim's rights pursuant to this article.
C. For each victim who is involved in the dismissed counts and who requested the
victim's rights, the prosecutor shall forward to the probation department information
within the prosecutor's possession that would enable the probation department to carry
out its duties as prescribed by this article. 8-383 Implementation of rights andduties
A. Except as provided in sections 8-385 and 8-386, the rights and duties that are
established by this article arise on the arrest or formal charging of a juvenile who is
alleged to be responsible for a delinquent act against a victim. The rights and duties
continue to be enforceable pursuant to this article until the final disposition of the
charges, including acquittal or dismissal of the charges, all postadjudication release,
review and appellate proceedings and the discharge of all proceedings related to
restitution. If a delinquent is ordered to pay restitution to a victim, the rights and
duties continue to be enforceable until restitution is paid or a judgment is entered in
favor of the victim pursuant to section 8-344.
B. After the final termination of a delinquency proceeding by dismissal or
acquittal, a person who has received notice and has the right to be present and be heard
pursuant to the victims' bill of rights, article II, section 2.1, Constitution of
ARIZONA, this article or any court rule is no longer entitled to those rights.
8-384 Inability to exercise rights; designationof others; notice; representative for a minor
A. If a victim is physically or emotionally unable to exercise any right but is
able to designate a lawful representative who is not a bona fide witness, the designated
person may exercise the same rights that the victim is entitled to exercise. The victim
may revoke this designation at any time and exercise the victim's rights.
B. If a victim is incompetent, deceased or otherwise incapable of designating
another person to act in the victim's place, the court may appoint a lawful
representative who is not a witness. If at any time the victim is no longer incompetent,
incapacitated or otherwise incapable of acting, the victim may personally exercise the
victim's rights.
C. If the victim is a minor the victim's parent or other immediate family member
may exercise all of the victim's rights on behalf of the victim. If the delinquent act
is alleged against a member of the minor's immediate family, these rights may not be
exercised by that person but may be exercised by another member of the immediate family
unless the court, after considering the guidelines in subsection D, finds that another
person would better represent the interests of the minor.
D. The court shall consider the following guidelines in appointing a representative
for a minor:
1. If the minor has a relative who would not be so substantially affected or
adversely impacted by the conflict resulting from the allegation of a delinquent act
against a member of the immediate family of the minor that the representative could not
represent the victim.
2. The representative's willingness and ability to do all of the following:
(a) Undertake working with and accompanying the minor victim through all
proceedings, including delinquency, civil and dependency proceedings.
(b) Communicate with the minor victim.
(c) Express the concerns of the minor to those authorized to come in contact with
the minor as a result of the proceedings.
3. The representative's training, if any, to serve as a minor's representative.
4. The likelihood of the representative being called as a witness in the case.
E. The minor's representative shall accompany the minor victim through all
proceedings, including delinquency, criminal, dependency and civil proceedings, and,
before the minor's courtroom appearance, shall explain to the minor the nature of the
proceedings and what the minor will be asked to do, including telling the minor that the
minor is expected to tell the truth. The representative shall be available to observe
the minor in all aspects of the case in order to consult with the court as to any special
needs of the minor. Those consultations shall take place before the minor
testifies. The court may recognize the minor's representative when the representative
indicates a need to address the court. A minor's representative shall not discuss the
facts and circumstances of the case with the minor witness, unless the court orders
otherwise on a showing that it is in the best interests of the minor.
F. Any notices that are to be provided to a victim pursuant to this article shall
be sent only to the victim or the victim's lawful representative.
8-385.01 Victims' rights for neighborhood associations
A. A neighborhood association may register with the city, town or county in which
the neighborhood association is located to invoke the rights that are afforded pursuant
to this article. The city, town or county shall establish procedures for the
registration of neighborhood associations pursuant to this section. The procedures shall
require the neighborhood association to provide to the city, town or county the name and
telephone number of one person who shall act on behalf of the neighborhood association
and who may receive notice or invoke rights pursuant to this section. The neighborhood
association shall notify the city, town or county of any changes to this information. If
the neighborhood association fails to keep this information current, the neighborhood
association is deemed to have waived its rights under this section.
B. Notwithstanding any law to the contrary, if a juvenile commits an act that if
committed by an adult would be a crime under section 13-1602, subsection A, paragraph 5,
section 13-3102, subsection A, paragraph 9, section 13-3201 or 13-3204, section 13-3208,
subsection B or section 13-3209, 13-3405, 13-3407, 13-3408, 13-3421 or 13-4702, a
neighborhood association that is registered with a city, town or county pursuant to
subsection A of this section may receive notice or may invoke rights pursuant to the
following sections:
1. Section 8-390.
2. Section 8-400.
3. Section 8-405.
C. Sections 8-407, 8-413 and 8-415 apply to all matters in which a neighborhood
association invokes rights under this section.
D. If the neighborhood association wishes to invoke victims' rights for a crime as
prescribed in subsection B of this section that resulted in an arrest, the person who is
registered with the city, town or county pursuant to subsection A of this section shall
contact the law enforcement agency responsible for the arrest. The law enforcement
agency shall fill out the form prescribed by section 8-386. Thereafter the neighborhood
association, through the contact person, shall be afforded all of the rights listed under
subsection B of this section.
8-385 Limited rights of a legal entity
Any corporation, partnership, association or other legal entity that, except for its
status as an artificial entity, would be included in the definition of victim in section
8-382 shall be afforded the following rights:
1. Within a reasonable time after arrest, the prosecutor shall notify the legal
entity of the right to appear and be heard at any proceeding relating to restitution or
disposition of the delinquent.
2. The prosecutor shall notify the legal entity of the right to submit to the court
a written statement containing information and opinions on restitution and disposition in
its case.
3. On request, the prosecutor shall notify the legal entity in a timely manner of
the date, time and place of any proceeding relating to restitution or disposition of the
delinquent.
4. A lawful representative of the legal entity has the right, if present, to be
heard at any proceeding relating to restitution or disposition of the delinquent.
8-386.01 Issuance and execution of arrest warrants
A. Beginning on the effective date of this section, on the issuance of an arrest
warrant, the court issuing the warrant shall state in the warrant whether the person
named in the warrant is to be arrested for or is to be charged with committing an offense
to which this article applies or is materially related to an offense to which this
article applies.
B. On receipt of notice of an arrest or an impending arrest of a juvenile and if
applicable pursuant to subsection A of this section, the agency that is responsible for
holding the original warrant shall notify the law enforcement agency that was responsible
for the original investigation of the offense of the impending detainment of the juvenile
who is arrested on the law enforcement agency's warrant.
C. On receiving notice that the warrant was executed pursuant to subsection B of
this section, the law enforcement agency that was responsible for the original
investigation of the offense shall do all of the following if the victim has requested
notice pursuant to section 8-286:
1. Notify the victim of the arrest and advise the victim that to exercise the right
to be informed if the juvenile is released the victim must contact the detention center
of the juvenile probation department immediately.
2. Inform the victim of the telephone number of the detention center in which the
juvenile is detained.
3. Provide the detention center with the victim information pursuant to section
8-286 so that the detention center may notify the victim of the release or escape of the
juvenile pursuant to section 8-290.03, if applicable.
D. A law enforcement agency is not required to provide victim information pursuant
to section 8-286, subsections C and E to the custodial agency at the time a juvenile is
detained unless the law enforcement agency that performs the warrant arrest is also the
law enforcement agency that was responsible for the original investigation of the
offense.
E. The victim's right to be informed of an arrest or a release pursuant to an
executed warrant applies to warrants that are issued on or after September 1, 1996.
F. Law enforcement, courts and juvenile custodial agencies are not liable pursuant
to section 8-290.26 for the failure to inform a victim of the arrest or release of a
juvenile on warrants that were issued before September 1, 1996.
8-386 Information provided to victim by lawenforcement agencies
A. As soon after the detection of an offense as the victim may be contacted without
interfering with an investigation or arrest, the law enforcement agency responsible for
investigating the offense shall provide the victim with a multicopy form:
1. That allows the victim to request or waive applicable rights to which the victim
is entitled, on request, under this article.
2. That provides the victim a method to designate a lawful representative if the
victim so chooses pursuant to section 8-384, subsection A or section 8-385.
3. That provides notice to the victim of all of the following information:
(a) The victim's right under the victims' bill of rights, article II, section 2.1,
Constitution of ARIZONA, to be treated with fairness, respect and dignity and to be free
of intimidation, harassment or abuse throughout the criminal or juvenile justice process.
(b) The availability, if any, of crisis intervention services and emergency and
medical services and, if applicable, that medical expenses arising out of the need to
secure evidence may be reimbursed pursuant to section 13-1414.
(c) In cases involving domestic violence, the procedures and resources available
for the protection of the victim pursuant to section 13-3601.
(d) The names and telephone numbers of public and private victim assistance
programs, including the county victim compensation program and programs that provide
counseling, treatment and other support services.
(e) The police report number, if available, other identifying case information and
the following statement:
If within thirty days you are not notified of an arrest in your case, you may
call (the law enforcement agency's telephone number) for the status of the
case.
(f) Whether the suspect is an adult or juvenile, the victim will be notified by the
law enforcement agency at the earliest opportunity after the arrest of a suspect.
(g) If the suspect is a juvenile and the officer requests that the accused be
detained, a statement of the victim's right, on request, to be informed if the juvenile
will be released or will be detained pending the detention hearing and of the victim's
right to be present and heard at the detention hearing and that, to exercise these
rights, the victim must contact the detention screening section of the juvenile probation
department immediately to request notice of all of the following:
(i) The juvenile's release.
(ii) The date, time and place of the detention hearing and any changes to that
schedule.
(iii) If the victim chooses to exercise the right to be heard through a written
statement, how that statement may be submitted to the court.
B. If at the time of contact with a law enforcement agency the victim is physically
or emotionally unable to request or waive applicable rights, the law enforcement agency
shall designate this on the multicopy form and the entities that may be subsequently
affected shall presume that the victim invoked the victim's right to request applicable
rights to which the victim is entitled, on request, unless the victim later waives those
rights.
C. The law enforcement agency shall submit one copy of the victim's request or
waiver of predisposition rights form to the detention center, if the arresting officer is
requesting that the accused be detained, at the time the juvenile is taken to
detention. If detention is not requested, the form copies shall be submitted to the
juvenile probation intake section at the time the case is otherwise referred to
court. The probation intake section shall submit a copy of the victim's request or
waiver of predisposition rights form to the prosecutor and the departments or
governmental agencies, as applicable, that are mandated by this article to provide
victims' rights services upon request.
D. If the accused juvenile is cited and released by an ARIZONA traffic ticket and
complaint form pursuant to section 8-323, the law enforcement agency shall inform the
victim how to obtain additional information about subsequent proceedings.
E. Law enforcement agencies within a county may establish different procedures
designed to efficiently and effectively provide notice of the victim's rights pursuant to
this article and notice to affected entities of victim request or waiver information. If
different procedures are established, the procedures shall:
1. Be reported to the entities within a county affected by the procedures and
reported to the attorney general.
2. Be designed so that detention centers within a county receive notice of the
victim's request or waiver of the victim's predisposition rights at the same time that an
accused juvenile is detained.
3. Be designed so that the juvenile probation intake section of the county receives
notice of the victim's request or waiver of the victim's predisposition rights at the
same time that the case is referred to court.
4. Provide that the notice to affected entities of a victim's request or waiver of
the victim's predisposition rights includes information that allows the affected entity
to contact the victim.
5. Be supported by the use of brochures, forms or other written materials developed
by the law enforcement agencies within a county and reviewed by the attorney general
pursuant to section 8-398, subsection B.
8-387 Notice of terms and conditions ofrelease
On the request of the victim, the juvenile court or the department of juvenile
corrections shall provide a copy of the terms and conditions of release.
8-388 Notice of diversion
If an accused is accepted into a diversion program pursuant to section 8-321, the
court administering the program shall give the victim notice of the conditions that the
accused must comply with in order for the complaint or citation to be adjusted or
dismissed. The notice shall state whether restitution was required and that, on request
of the victim, the victim has the right to be notified of the accused's completion of or
termination from the program.
8-389 Preliminary notice of rights
A. If the victim has requested notice and if the accused is in custody at the time
of charging, or seven days after the prosecutor charges a delinquent offense if the
accused is not in custody, the prosecutor's office shall give the victim notice of the
following:
1. All of the victim's rights through disposition under the victims' bill of
rights, article II, section 2.1, Constitution of ARIZONA, this article and court rules.
2. The charge or charges against the accused and a clear and concise statement of
the procedural steps involved in a delinquency prosecution.
3. The procedures a victim shall follow to invoke the victim's right to confer with
the prosecuting attorney pursuant to section 8-399.
4. The person within the prosecutor's office to contact for more information.
B. Notwithstanding subsection A of this section, if a prosecutor declines to
proceed with a prosecution after the final submission of a case by a law enforcement
agency at the end of an investigation, the prosecutor, before the decision not to proceed
is final, shall notify the victim and provide the victim with the reasons for declining
to proceed with the case. The notice shall inform the victim of the victim's right on
request to confer with the prosecutor before the decision not to proceed is final.
8-390 Notice of proceedings
A. The court shall give notice to the prosecutor's office in a timely manner of any
changes in scheduled proceedings.
B. Except for detention hearings the court shall provide notice of all proceedings
to the prosecutor's office at least five days before a scheduled proceeding.
C. If the court finds that it is not reasonable to provide the five days' notice to
the prosecutor's office pursuant to subsection B, the court shall state in the record why
it was not reasonable to provide five days' notice.
D. On receiving the notice from the court, the prosecutor's office shall, on
request, provide notice to the victim in a timely manner of scheduled proceedings, any
changes in the schedule and that a predisposition or disposition proceeding may occur
immediately following adjudication. 8-391 Notice of adjudication; impactstatement
A. On request the prosecutor's office, within fifteen days after the adjudication,
transfer, acquittal or dismissal of the charges against the accused, shall give notice to
the victim of the offense or offenses for which the accused was adjudicated delinquent,
transferred for adult prosecution or acquitted or of the charges dismissed against the
juvenile defendant.
B. If the juvenile is adjudicated delinquent and the victim has requested notice,
the prosecutor's office shall notify the victim, if applicable, of:
1. The function of the predisposition report.
2. The name and telephone number of the probation department that is preparing the
predisposition report.
3. The right to make a victim impact statement under section 8-404.
4. The right to receive portions of the predisposition report pursuant to section
8-404, subsection C.
5. The right to be present and be heard at any predisposition or disposition
proceeding pursuant to section 8-405.
6. The time, place and date of the disposition proceeding.
7. If the court orders restitution, the right to have a judgment entered for any
unpaid amount and to file a restitution lien pursuant to section 8-345.
C. The victim shall be informed that the victim's impact statement may include the
following:
1. An explanation of the nature and extent of any physical, psychological or
emotional harm or trauma suffered by the victim.
2. An explanation of the extent of any economic loss or property damage suffered by
the victim.
3. An opinion of the need for and extent of restitution.
4. Whether the victim has applied for or received any compensation for the loss or
damage.
D. Notice provided pursuant to this section does not remove the probation
department's responsibility to initiate the contact between the victim and the probation
department concerning the victim's economic, physical, psychological or emotional
harm. At the time of contact, the probation department shall advise the victim of the
date, time and place of the disposition proceeding and of the victim's right, if present,
to be heard at that proceeding.
8-392.01 Notice of right to request not to receive committed youth mail
A. Within fifteen days after a juvenile defendant is committed to the department of
juvenile corrections, the prosecutor's office shall notify the victim of the right of the
victim, any member of the victim's family or any member of the victim's household, to
request not to receive mail from the committed youth who was adjudicated delinquent for
an offense committed against the victim. The notice shall:
1. Be made on the postadjudication form provided by the prosecutor to the victim
pursuant to section 8-392.
2. Inform the victim of the right of the victim, any member of the victim's family
or any member of the victim's household who is denoted by the victim on the form, to
request not to receive mail from the committed youth.
3. Instruct the victim how to file the completed request form with the department
of juvenile corrections.
4. Include the following statement:
"If the juvenile defendant is incarcerated in the department of juvenile
corrections, you have the right to request that the juvenile defendant not
send you, members of your family or members of your household mail. If the
juvenile defendant sends you or your family members mail after you have made
this request, you or the members of your family have the right to report the
incident to the department of juvenile corrections for sanctions against the
juvenile defendant."
B. On receipt of a postadjudication notification request form in which a request
not to receive mail is indicated, the department of juvenile corrections shall notify the
committed youth of the request and that sending mail to the victim, or the family or
household members who are denoted by the victim, shall result in appropriate sanctions.
C. The department of juvenile corrections shall not knowingly forward mail
addressed to any person who requests not to receive mail pursuant to this section.
8-392 Notice of postadjudication review andappellate proceedings
A. Within fifteen days after the disposition proceeding the prosecutor's office, on
request, shall notify the victim of the disposition imposed on the juvenile defendant.
B. The prosecutor's office shall provide the victim with a form that allows the
victim to request postadjudication notice of all postadjudication review and appellate
proceedings, all postadjudication release proceedings, all probation modification
proceedings that impact the victim, all probation revocation or termination proceedings,
all conditional liberty revocation proceedings or modifications to conditional liberty,
any decisions that arise out of these proceedings, all releases and all escapes.
C. The prosecutor's office shall advise the victim on how the completed request
form may be filed with the appropriate agencies and departments.
D. On request of the victim, the prosecutor's office that is responsible for
handling any postadjudication or appellate proceedings shall notify the victim of the
proceedings and any decisions that arise out of the proceedings.
8-393 Notice of release or escape
A. The custodial agency shall immediately notify the victim of the postarrest
release or escape of the accused.
B. The department of juvenile corrections shall immediately give notice to a victim
and the prosecutor's office of an escape by, and again upon the subsequent rearrest of,
the accused or delinquent who was detained or committed to the department and confined in
a secure care facility and who committed a delinquent act against the victim. The
department shall give notice by any reasonable means.
8-394 Notice of delinquent's status
A. If the victim has made a request for postadjudication notice, the director of
the department of juvenile corrections shall mail to the victim the following information
about a delinquent in the custody of the department of juvenile corrections:
1. Within thirty days after the request, notice of the earliest release date of the
delinquent.
2. At least fifteen days before the delinquent's release, notice of the release.
3. Within fifteen days after the delinquent's death, notice of the death.
B. If the victim has made a request for postadjudication notice, the custodial
agency having custody of the delinquent shall mail to the victim notice of release at
least fifteen days before the delinquent's release or notice of death within fifteen days
after the delinquent's death.
8-395 Notice of postadjudication release; rightto be heard; hearing; final decision
A. The victim has the right to be present and be heard at any proceeding in which
postadjudication release from confinement is being considered and the right to submit a
statement to the department of juvenile corrections when a request for discharge on
successful completion of the individualized treatment plan is considered pursuant to
section 41-2820.
B. If the victim has made a request for postadjudication notice, at least fifteen
days before the hearing or before the juvenile's discharge is considered pursuant to
section 41-2820, the department of juvenile corrections shall give to the victim written
notice of the hearing and of the victim's right to be present and be heard at the hearing
or to submit a statement to the department regarding the request for discharge.
C. If the victim has made a request for postadjudication notice, the department of
juvenile corrections shall give notice to the victim of the decision reached by the
department. The department shall mail the notice within fifteen days after the
department reaches its decision.
8-396 Notice of probation modification,termination or revocation disposition matters; notice ofarrest
A. On request of a victim who has provided an address or other contact information,
the court shall notify the victim of any of the following:
1. A probation revocation disposition proceeding or any proceeding in which the
court is asked to terminate the probation or intensive probation of the delinquent who
committed the delinquent act against the victim.
2. Any hearing on a proposed modification of the terms of probation or intensive
probation.
3. The arrest of a delinquent pursuant to a warrant issued for a probation
violation.
B. On request of a victim who has provided a current address or other current
contact information, the probation department shall notify the victim of the following:
1. Any proposed modification to any term of probation if the modification affects
restitution or incarceration status or the delinquent's contact with or the safety of the
victim.
2. The victim's right to be heard at a hearing that is set to consider any
modification to be made to any term of probation.
3. Any violation of any term of probation that results in the filing with the court
of a petition to revoke probation.
4. That a petition to revoke probation alleging that the juvenile absconded from
probation has been filed with the court.
5. Any conduct by the juvenile that raises a substantial concern for the victim's
safety.
C. If a victim has requested postadjudication notice and probation is revoked and
the juvenile is committed to the department of juvenile corrections, the court shall
notify the department of juvenile corrections of the victim's request.
D. On request of the victim, the department of juvenile corrections shall notify
the victim of any of the following:
1. Any proceeding in which the department may revoke the conditional liberty of the
delinquent who committed the delinquent act against the victim.
2. A modification of the terms of conditional liberty only if the modification will
substantially affect the delinquent's contact with the victim or the safety of the victim
or if the modification affects restitution or secure care status.
3. The arrest of a delinquent pursuant to a warrant issued for a conditional
liberty violation.
8-397 Notice of release, discharge or escapefrom a mental health treatment agency or residentialtreatment
A. If the victim has made a request for notice, the court or the department of
juvenile corrections, whichever has supervision of the accused or delinquent, shall
provide the victim, at least ten days before the release or discharge of the
accused or delinquent, with notice of the release or discharge of the accused or
delinquent who is placed by court order in a mental health treatment agency or a
residential treatment agency. The mental health treatment agency or residential
treatment agency that has custody of the accused or delinquent shall notify the court or
department of juvenile corrections, whichever has supervision of the accused or
delinquent, at least thirty days before the release or discharge of the accused or
delinquent.
B. The court or the department of juvenile corrections, whichever has supervision
of the accused or delinquent, shall mail to the victim immediately after the escape or
subsequent readmission of the accused or the delinquent notice of the escape or
subsequent readmission of the accused or the delinquent who is placed by court order in a
mental health treatment agency or a residential treatment agency. The mental health
treatment agency or residential treatment agency that has custody of the accused or
delinquent shall immediately notify the court or the department of juvenile corrections,
whichever has supervision of the accused or delinquent, of the escape, runaway or
subsequent readmission of the accused or delinquent.
8-398 Request for notice; forms; notice system
A. The victim shall provide to and maintain with the law enforcement agency that is
responsible for providing notice to the victim a request for notice on a form that is
provided by that agency. The form shall include a telephone number and address. If the
victim fails to keep the victim's telephone number and address current, the victim's
request for notice is withdrawn. At any time the victim may request notice of subsequent
proceedings by filing on a request form provided by the agency the victim's current
telephone number and address.
B. All notices provided to a victim pursuant to this article shall be on
forms developed or reviewed by the attorney general.
C. The court and all agencies that are responsible for providing notice to the
victim shall establish and maintain a system for the receipt of victim requests for
notice.
8-399 Victim conference with prosecutingattorney
A. On request of the victim, the prosecuting attorney shall confer with the victim
about the disposition of a delinquent offense, including the victim's views about a
decision not to proceed with prosecution, dismissal, withdrawal of a request for
transfer, plea or disposition negotiations and, if a petition has been filed,
preadjudication diversion programs.
B. On request of the victim, the prosecuting attorney shall confer with the victim
before the commencement of an adjudication or transfer hearing.
C. The right of the victim to confer with the prosecuting attorney does not include
the authority to direct the prosecution of the case.
8-400 Proceedings; right to be present
The victim has the right to be present throughout all court hearings in which the
accused or delinquent has the right to be present.
8-401 Detention hearing
The victim has the right to be heard at the detention hearing of the person
suspected of committing the delinquent act against the victim.
8-402 Postarrest detention decisions
The victim has the right to be heard at any proceeding in which the court considers
the postarrest release of the juvenile accused of committing a delinquent act against the
victim or the conditions of that release.
8-403 Plea negotiation
A. On request of the victim, the victim has the right to be present and be heard at
any proceeding in which a negotiated plea for the juvenile accused of committing the
delinquent act against the victim will be presented to the court.
B. The court shall not accept a plea agreement unless:
1. The prosecuting attorney advises the court that before requesting the negotiated
plea reasonable efforts were made to confer with the victim pursuant to section 8-399.
2. Reasonable efforts are made to give the victim notice of the plea proceeding
pursuant to section 8-390 and to inform the victim that the victim has the right to be
present and, if present, to be heard.
3. The prosecuting attorney advises the court that to the best of the prosecutor's
knowledge notice requirements of this chapter have been complied with and the prosecutor
informs the court of the victim's position, if known, regarding the negotiated plea.
8-404 Impact statement; predispositionreport
A. The victim may submit a written impact statement or make an oral impact
statement to the probation officer for the officer's use in preparing a predisposition or
transfer report.
B. In preparing the predisposition or transfer report, the probation officer shall
consider the economic, physical and psychological impact that the delinquent act has had
on the victim and the victim's immediate family.
C. On request, the court shall provide the victim with the following information
from the predisposition report:
1. The referral history.
2. The probation officer's assessment of the case.
3. The disposition and treatment recommendations.
4. The probation officer's recommendations for treatment and disposition.
5. The detention history.
8-405 Disposition
A. The victim may present evidence, information and opinions that concern the
delinquent act, the delinquent, the disposition or the need for restitution at any
predisposition or disposition proceeding.
B. At any disposition proceeding the victim has the right to be present and to
address the court.
8-406 Probation modification, revocationdisposition or termination proceedings
A. The victim has the right to be present and be heard at any probation revocation
disposition proceeding or any proceeding in which the court is requested to terminate the
probation or intensive probation of a delinquent who committed a delinquent act against
the victim.
B. The victim has the right to be heard at any proceeding in which the court is
requested to modify the terms of probation or intensive probation of a delinquent if the
modification will substantially affect the delinquent's contact with or safety of the
victim or if the modification involves restitution or incarceration status.
8-407 Victim's discretion; form ofstatement
A. The victim has discretion to exercise the victim's rights under this article to
be present and be heard at a court proceeding, and the absence of the victim at the court
proceeding does not preclude the court from continuing the proceeding.
B. Except as provided in subsection C, a victim's right to be heard may be
exercised through an oral statement, submission of a written statement or submission of a
statement through audiotape or videotape.
C. If a person against whom a delinquent act has been committed is in custody for
an offense, the person may be heard by submitting a written statement to the court.
8-408 Return of victim's property; release ofevidence
A. On request of the victim and after consultation with the prosecuting attorney,
the law enforcement agency responsible for investigating the delinquent act shall return
to the victim any property belonging to the victim that was taken during the course of
the investigation or shall inform the victim of the reasons why the property will not be
returned. The law enforcement agency shall make reasonable efforts to return the
property to the victim as soon as possible.
B. If the victim's property has been admitted as evidence during a hearing, the
court may order its release to the victim if a photograph or photocopy can be
substituted. If evidence is released pursuant to this subsection, the accused's attorney
or investigator may inspect and independently photograph or photocopy the evidence before
it is released.
8-409 Consultation between crime victimadvocate and victim; privileged information; exception
A. A crime victim advocate shall not disclose as a witness or otherwise any
communication except compensation or restitution information between the advocate and the
victim unless the victim consents in writing to the disclosure.
B. Unless the victim consents in writing to the disclosure, a crime victim advocate
shall not disclose records, notes, documents, correspondence, reports or memoranda,
except compensation or restitution information, that contain opinions, theories or other
information made while advising, counseling or assisting the victim or that are based on
the communication between the victim and the advocate.
C. The communication is not privileged if the crime victim advocate knows that the
victim will give or has given perjured testimony or if the communication contains
exculpatory material.
D. An accused may make a motion for disclosure of privileged information. If the
court finds there is reasonable cause to believe the material is exculpatory, the court
shall hold a hearing in camera. Material that the court finds is exculpatory shall be
disclosed to the accused.
E. If, with the consent of the victim, the crime victim advocate discloses to the
prosecutor or a law enforcement agency any communication between the victim and the crime
victim advocate or any records, notes, documents, correspondence, reports or memoranda,
the prosecutor or law enforcement agent shall disclose the material to the accused's
attorney only if the information is otherwise discoverable.
F. Notwithstanding subsections A and B, if a crime victim advocate is employed or
authorized by a prosecutor's office, the advocate may disclose information to the
prosecutor with the oral consent of the victim.
8-410 Minimizing victim's contacts
Before, during and immediately after any court proceeding, the court shall provide
appropriate safeguards to minimize the contact that occurs between the victim, the
victim's immediate family and the victim's witnesses and the accused, the accused's
immediate family and defense witnesses.
8-411 Motion to revoke release
If the prosecutor decides not to move to revoke the release of the juvenile
defendant, the prosecutor shall inform the victim that the victim may petition the court
to revoke the release of the juvenile defendant based on the victim's notarized statement
asserting that harassment, threats, physical violence or intimidation against the victim
or the victim's immediate family by the juvenile defendant or on behalf of the juvenile
defendant has occurred.
8-412 Victim's right to refuse aninterview
A. Unless the victim consents, the victim shall not be compelled to submit to an
interview on any matter, including any alleged delinquent act witnessed by the victim and
that occurred on the same occasion as the delinquent act against the victim, or filed in
the same petition or consolidated for an adjudication hearing, that is conducted by the
juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile
defendant.
B. The juvenile defendant, the attorney for the juvenile defendant or an agent of
the juvenile defendant shall only initiate contact with the victim through the
prosecutor's office. The prosecutor's office shall inform the victim of the juvenile
defendant's request for an interview within ten days after the request and shall advise
the victim of the victim's right to refuse the interview.
C. The prosecutor shall not be required to forward any correspondence from the
juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile
defendant to the victim or the victim's representative.
D. If the victim consents to an interview, the prosecutor's office shall inform the
juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile
defendant of the time and place the victim has selected for the interview. If the victim
wishes to impose other conditions on the interview, the prosecutor's office shall inform
the juvenile defendant, the attorney for the juvenile defendant or an agent of the
juvenile defendant of the conditions. The victim has the right to terminate the
interview at any time or to refuse to answer any question during the interview. The
prosecutor has standing at the request of the victim to protect the victim from
harassment, intimidation or abuse and, pursuant to that standing, may seek any
appropriate protective court order.
E. Unless otherwise directed by the victim, the prosecutor may attend all
interviews. If a transcript or tape recording of the interview is made and on request of
the prosecutor, the prosecutor shall receive a copy of the transcript or tape recording
at the prosecutor's expense.
F. For the purposes of this section, a peace officer shall not be considered a
victim if the act that would have made the officer a victim occurs while the peace
officer is acting in the scope of the officer's official duties.
8-413 Victim's right to privacy
The victim has the right at any court proceeding not to testify regarding the
victim's addresses, telephone numbers, place of employment or other locating information
unless the victim consents or the court orders disclosure on finding that a compelling
need for the information exists. A court proceeding on the motion shall be in camera.
8-414 Speedy adjudication
A. In any delinquency proceeding, the court, prosecutor and law enforcement
officials shall take appropriate action to ensure a speedy adjudication for the victim.
B. In any delinquency proceeding in which a continuance is requested, the court
shall consider the victim's views and the victim's right to a speedy adjudication. If a
continuance is granted, the court shall state on the record the reason for the
continuance.
8-415 Effect of failure to comply
A. The failure to use reasonable efforts to perform a duty or provide a right is
not cause to seek to set aside an adjudication or disposition.
B. The failure to use reasonable efforts to provide notice and a right to be
present or be heard pursuant to this article at a proceeding that involves
postadjudication release is a ground for the victim to move to set aside the
postadjudication release until the victim is afforded the opportunity to be present or be
heard.
C. If the victim seeks to have a postadjudication release set aside pursuant to
subsection B, the custodial agency or the department of juvenile corrections shall afford
the victim a reexamination proceeding after the parties are given notice.
D. A reexamination proceeding conducted pursuant to this section or any other
proceeding that is based on the failure to perform a duty or to provide a right shall
begin not more than thirty days after the appropriate parties have been given notice that
the victim is exercising the victim's right to a reexamination proceeding pursuant to
this section or to another proceeding based on the failure to perform a duty or provide a
right.
8-416 Standing to invoke rights; recovery ofdamages; right to counsel
A. The victim has standing to seek an order, to bring a special action or to file a
notice of appearance in an appellate proceeding seeking to enforce any right or to
challenge an order denying any right guaranteed to victims under the victims' bill of
rights, article II, section 2.1, Constitution of ARIZONA, this article or court
rules. In asserting any right, the victim has the right to be represented by personal
counsel at the victim's expense.
B. A victim has the right to recover damages from a governmental entity responsible
for the intentional, knowing or grossly negligent violation of the victim's rights under
the victims' bill of rights, article II, section 2.1, Constitution of ARIZONA, any
implementing legislation or court rule. Nothing in this section alters or abrogates any
provision for immunity provided for under common law or statute.
C. At the request of the victim, the prosecutor may assert any right to which the
victim is entitled.
D. On the filing of a notice of appearance and if present, counsel for the victim
shall be included in all bench conferences and in chambers meetings and sessions with the
trial court that directly involve a victim's right enumerated in article II, section 2.1,
Constitution of ARIZONA.
8-417 Construction of article
This article shall be liberally construed to preserve and protect the rights to
which victims are entitled.
8-418 Implementation fee; definition
A. For all juveniles adjudicated delinquent for offenses involving a victim,
including those who are adjusted pursuant to section 8-321, the court or in the case of
an adjustment pursuant to section 8-321, a juvenile probation officer shall assess the
parent of a delinquent a fee of twenty-five dollars unless the parent or a sibling of the
juvenile is the victim or unless, after determining the inability of the parent to pay
the fee, the court or juvenile probation officer assesses a lesser amount. Monies
assessed pursuant to this section shall be paid to the clerk of the superior court.
Within ten working days of the last day of each month the clerk of the superior court
shall transmit all monies collected from this assessment to the state treasurer for
deposit in the victims' rights fund established by section 41-191.08.
B. For the purposes of this section, "victim" includes persons, corporations,
partnerships, businesses, associations and other legal entities. 8-419 Victim reconciliation services
The presiding judge of the juvenile court in each county may establish and provide
voluntary victim reconciliation and restitution services to assist victims of juvenile
crimes.
8-420 Right to leave work; scheduled proceedings; employment rights; nondiscrimination; confidentiality; definition A. AN EMPLOYER WHO HAS FIFTY OR MORE EMPLOYEES FOR EACH WORKING DAY IN EACH OF TWENTY OR MORE CALENDAR WEEKS IN THE CURRENT OR PRECEDING CALENDAR YEAR, AND ANY AGENT OF THAT EMPLOYER, SHALL ALLOW AN EMPLOYEE WHO IS A VICTIM OF A JUVENILE OFFENSE TO LEAVE WORK TO EXERCISE THE EMPLOYEE'S RIGHT TO BE PRESENT AT A PROCEEDING PURSUANT TO SECTIONS 8-395, 8-400, 8-401, 8-402, 8-403, 8-405, 8-406 AND 8-415. B. AN EMPLOYER MAY NOT DISMISS AN EMPLOYEE WHO IS A VICTIM OF A JUVENILE OFFENSE BECAUSE THE EMPLOYEE EXERCISES THE RIGHT TO LEAVE WORK PURSUANT TO SUBSECTION A OF THIS SECTION. C. AN EMPLOYER IS NOT REQUIRED TO COMPENSATE AN EMPLOYEE WHO IS A VICTIM OF A JUVENILE OFFENSE WHEN THE EMPLOYEE LEAVES WORK PURSUANT TO SUBSECTION A OF THIS SECTION. D. IF AN EMPLOYEE LEAVES WORK PURSUANT TO SUBSECTION A OF THIS SECTION, THE EMPLOYEE MAY ELECT TO USE OR AN EMPLOYER MAY REQUIRE THE EMPLOYEE TO USE THE EMPLOYEE'S ACCRUED PAID VACATION, PERSONAL LEAVE OR SICK LEAVE. E. AN EMPLOYEE WHO IS A VICTIM OF A JUVENILE OFFENSE SHALL NOT LOSE SENIORITY OR PRECEDENCE WHILE ABSENT FROM EMPLOYMENT PURSUANT TO SUBSECTION A OF THIS SECTION. F. BEFORE AN EMPLOYEE MAY LEAVE WORK PURSUANT TO SUBSECTION A OF THIS SECTION, THE EMPLOYEE SHALL DO ALL OF THE FOLLOWING: 1. PROVIDE THE EMPLOYER WITH A COPY OF THE FORM PROVIDED TO THE EMPLOYEE BY THE LAW ENFORCEMENT AGENCY PURSUANT TO SECTION 8-386, SUBSECTION A OR A COPY OF THE INFORMATION THE LAW ENFORCEMENT AGENCY PROVIDES TO THE EMPLOYEE PURSUANT TO SECTION 8-386, SUBSECTION E. 2. IF APPLICABLE, GIVE THE EMPLOYER A COPY OF THE NOTICE OF EACH SCHEDULED PROCEEDING THAT IS PROVIDED TO THE VICTIM BY THE AGENCY THAT IS RESPONSIBLE FOR PROVIDING NOTICE TO THE VICTIM. G. IT IS UNLAWFUL FOR AN EMPLOYER OR AN EMPLOYER'S AGENT TO REFUSE TO HIRE OR EMPLOY, TO BAR OR TO DISCHARGE FROM EMPLOYMENT OR TO DISCRIMINATE AGAINST AN INDIVIDUAL IN COMPENSATION OR OTHER TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT BECAUSE THE INDIVIDUAL LEAVES WORK PURSUANT TO SUBSECTION A OF THIS SECTION. H. EMPLOYERS SHALL KEEP CONFIDENTIAL RECORDS REGARDING THE EMPLOYEE'S LEAVE PURSUANT TO THIS SECTION. I. AN EMPLOYER MAY LIMIT THE LEAVE PROVIDED UNDER THIS SECTION IF THE EMPLOYEE'S LEAVE CREATES AN UNDUE HARDSHIP TO THE EMPLOYER'S BUSINESS. J. THE PROSECUTOR SHALL INFORM THE VICTIM OF THE VICTIM'S RIGHTS PURSUANT TO THIS SECTION. A VICTIM MAY NOTIFY THE PROSECUTOR IF EXERCISING THE VICTIM'S RIGHT TO LEAVE UNDER THIS SECTION WOULD CREATE AN UNDUE HARDSHIP FOR THE VICTIM'S EMPLOYER. THE PROSECUTOR SHALL COMMUNICATE THE NOTICE TO THE COURT DURING THE SCHEDULING OF PROCEEDINGS WHERE THE VICTIM HAS THE RIGHT TO BE PRESENT. THE COURT SHALL CONTINUE TO TAKE THE VICTIM'S SCHEDULE INTO CONSIDERATION WHEN SCHEDULING A PROCEEDING PURSUANT TO SUBSECTION A OF THIS SECTION. K. FOR PURPOSES OF THIS SECTION, "UNDUE HARDSHIP" MEANS A SIGNIFICANT DIFFICULTY AND EXPENSE TO A BUSINESS AND INCLUDES THE CONSIDERATION OF THE SIZE OF THE EMPLOYER'S BUSINESS AND THE EMPLOYER'S CRITICAL NEED OF THE EMPLOYEE. 8-421 Statement of rights
(L05, Ch. 260 sec. 5)
In order to assure that any victim who comes before the juvenile court has been
advised of the victim's constitutional rights, a judge of the juvenile court shall make
the following statement at the time each victim first appears in that court:
If you are the victim of a delinquent act with a case pending before
this court, you are advised that you have rights to justice and due process
under ARIZONA law that, among others, include the right to be treated with
fairness, respect and dignity, to a speedy disposition hearing and a prompt
and final conclusion of the case, to be present at court proceedings, to
choose whether or not to be interviewed by the juvenile's attorney, to be
heard before the court makes a decision on release, negotiation of a plea,
scheduling and disposition and to seek restitution from a person who is
adjudicated as causing your loss. If you have not already been provided with a
written statement of all victims' rights, please contact the victim services
division of the prosecutor's office.
8-421 Statement of rights
(L05, Ch. 102, sec. 1)
In order to assure that any victim who comes before the juvenile court has been
advised of the victim's constitutional rights, a judge of the juvenile court shall make
the following statement at the time each victim first appears in that court:
If you are the victim of a delinquent act with a case pending before
this court, you are advised that you have rights to justice and due process
under ARIZONA law that, among others, include the right to be treated with
fairness, respect and dignity, to a speedy disposition and a prompt and final
conclusion of the case, to be present at court proceedings, to choose whether
or not to be interviewed by the juvenile's attorney, to be heard before the
court makes a decision on release, negotiation of a plea, scheduling and
disposition and to seek restitution from a person who is adjudicated as
causing your loss. If you have not already been provided with a written
statement of all victims' rights, please contact the victim services division
of the prosecutor's office.
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