juvenile justice; substantive changes
Purpose
Makes various changes to juvenile justice laws.
Background
Laws 1997, Chapter 220 implemented the 1996 juvenile justice initiative by amending and
creating numerous statutes pertaining to how Arizona prosecutes, incarcerates, and cares for juvenile
criminal offenders. Since the effective date of that legislation in July of 1997, many working in the
juvenile justice system have brought forth suggested legislative changes in response to the effects of
last year's legislation.
The possible fiscal impact of S.B. 1258 is undetermined. However, one provision requires
juveniles to pay the cost of a court appointed attorney if the court determines the juvenile has
sufficient financial resources. (Such a requirement already exists for the juvenile's parent or
guardian.) To the extent that a juvenile of sufficient means obtains court appointed counsel and the
parent or guardian is unable to pay the cost, the state will recognize a savings under S.B. 1258
through the payment of court appointed attorney's fees by the juvenile.
Provisions
1. Allows for a juvenile to receive supervised probation in his or her county of residence despite the juvenile being adjudicated in a different county.
2. Requires the court to order a juvenile to pay the costs of court appointed counsel if the juvenile has sufficient financial resources.
3. Prevents the transfer of a juvenile from criminal court to juvenile court if automatically prosecuted as an adult in criminal court but only convicted of an offense which would have
not required automatic prosecution in criminal court.
4. Requires the court to transfer a juvenile delinquency case to criminal court if the sentence imposed in juvenile court has not been completed by the time the juvenile reaches eighteen
years of age. Any sentencing order from the juvenile court must be part of the documents
that are transferred when a juvenile case is transferred to criminal court based on the juvenile
reaching majority.
5. Allows a person to petition the court to have his or her juvenile criminal records destroyed. If the offense was a felony or a misdemeanor DUI offense, the person must wait until they are
25 years of age to petition the court. Otherwise the petitioner must be at least 19 years of
age. Other conditions, including no further felony offenses and fulfillment of the terms of
probation apply.
6. Removes restrictions on access to juvenile records the court may choose to retain for research purposes despite someone having successfully petitioned the court for destruction of his or
her juvenile court records. These records do not have to be stored electronically.
7. Allows a person to have his or her juvenile criminal adjudication set aside under the same conditions currently placed on adult offenders. The offense may still be used at a later date
for purposes of establishing that the person is a chronic felony offender and for increased
penalties imposed by the Department of Transportation for certain traffic violations.
FACT SHEET
S.B. 1258 - Final Revised
Page
8. Allows city and town attorneys and prosecutors, under specified circumstances, to establish juvenile diversion programs upon approval of the presiding judge of the juvenile court and the
county attorney.
9. Requires the court to affix a fingerprint of juveniles adjudicated of a felony onto a document order which shall include the juvenile's full name and birth, name of counsel (or notation that
counsel was waived), the offense, whether adjudication was based on admission or
adjudication hearing, and certification by the clerk of the court of the validity of the
fingerprinting.
10. Stipulates that jurisdiction for a court to hear a case based on a juvenile being a chronic felony offender is established by the county attorney filing a notice stating the juvenile is a chronic
felony offender.
11. Requires alcohol, drug screening, or education or treatment for aggravated DUI offenders whether or not the defendant is placed on probation. Currently this is required only when the
defendant is placed on probation.
12. Specifies that juvenile incompetence to stand trial includes juveniles unable to consult with their lawyer with a reasonable degree of rational understanding or juveniles who do not have
a rational and factual understanding of the proceedings against them.
13. Alters the matching formula for counties to receive money from the state aid to detention fund used for operating juvenile detention centers. Instead of requiring a dollar for dollar
match, a "substantial" or in-kind contribution is required.
14. Provides that DJC no longer has jurisdiction over a juvenile convicted of a felony offense in criminal court.
15. Establishes a religious services advisory committee, the members of which are appointed by the director of the Department of Juvenile Corrections, to advise the director regarding the
provisions of religious programs to all youth in secure care facilities desiring services. The
department is required to make available voluntary religious programs that accommodate the
religious faiths of all juvenile offenders.
16. Makes technical and conforming changes.
17. Contains a general effective date.
Amendments Adopted by Committee
1. Establishes procedures for the destruction and expungement of juvenile criminal records.
Amendments Adopted by Committee of the Whole
1. Eliminates the ability of the court on its own motion to destroy juvenile criminal records.
2. Makes technical changes.
Amendments Adopted by the House of Representatives
1. Allows a juvenile offender to have his or her adjudication set aside despite having been committee to DJC.
2. Removes restrictions on access to juvenile records the court may choose to retain for research purposes despite someone having successfully petitioned the court for destruction of his or
her juvenile court records. These records do not have to be stored electronically.
3. Specifies that juvenile incompetence to stand trial includes juveniles unable to consult with their lawyer with a reasonable degree of rational understanding or juveniles who do not have
a rational and factual understanding of the proceedings against them.
4. Alters the matching formula for counties to receive money from the state aid to detention fund used for operating juvenile detention centers. Instead of requiring a dollar for dollar
match, a "substantial" or in-kind contribution is required.
5. Provides that DJC no longer has jurisdiction over a juvenile convicted of a felony offense in criminal court.
Amendments Adopted by Conference Committee
1. Establishes a religious services advisory committee within the Department of Juvenile Corrections.
Senate Action House Action
JUD DPA 8-0-0-0 JUD DPA 8-1-0-2
3rd Read 25-5-0-0 3rd Read 56-2-2-0
Final Read 25-5-0-0 Final Read 53-1-6-0
Signed by the Governor 5/29/98
Chapter 216
Prepared by Senate Staff
June 4, 1998
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