Assigned to JUD AS
PASSED BY COW
Assigned to JUD AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
juvenile court; jurisdiction; age
Purpose
Requires, upon filing of notice by the state, a juvenile court to retain jurisdiction over a person who is at least 17 years old and who has been adjudicated delinquent, until the person turns 19. Modifies requirements for mandatory inclusion of specified juvenile court employees in a county merit system or a judicial merit system.
Background
Current law permits a juvenile court to retain jurisdiction over a child until the child turns 18. A person under the age of 18 may be adjudicated delinquent for an act that if committed by an adult would be a criminal or petty offense. A person adjudicated delinquent cannot be prosecuted as an adult (A.R.S. §§ 8-201, 8-202).
A person who is under the supervision of a juvenile court as an adjudicated delinquent by the time the person reaches the age of 18 may receive treatment services until the person turns 21 (A.R.S. § 8-341).
Current law states that any officer or employee in the classified civil service who is in a county employee merit system may be dismissed, suspended or reduced in rank or compensation by the appointing authority after appointment or promotion is complete only by written order, stating specifically the reasons for the action. Additionally, statute outlines a specific appeals process for the dismissal, suspension or reduction in rank of a member of a county employee merit system (A.R.S. § 11-356).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Retention of Juvenile Offenders
1. Requires, upon filing of notice by the state, a juvenile court to retain jurisdiction over a juvenile who is at least 17 years old and who has been adjudicated delinquent, until the juvenile turns 19.
2. Requires the Department of Juvenile Corrections (ADJC) to discharge a person from its jurisdiction before the person turns 19.
3. Stipulates that a person who is at least 18 and commits a criminal offense must be discharged from the jurisdiction of ADJC if the jurisdiction has been retained.
4. Requires a person over whom a court has retained jurisdiction to attend school, attend job training or secure and maintain employment.
5. Requires a juvenile court with extended jurisdiction over a person who has been adjudicated delinquent to order continued probation supervision and treatment services until the person turns 19, or until otherwise terminated by the court.
6. Permits a juvenile court to terminate continued probation supervision or treatment services before the person's 19th birthday if the court determines that:
a) continued probation supervision or treatment is not required;
b) continued probation supervision or treatment is not in the best interests of the juvenile or the state; or
c) the juvenile commits a criminal offense after turning 18.
7. Permits a person between the ages of 18 and 19 who has been adjudicated delinquent and who is charged with an offense that is not a dangerous offense to be detained in a juvenile detention center.
8. Adds a person who is found delinquent and placed on probation to the list of juveniles that can be given an outpatient or inpatient psychiatric assessment if the person exhibits behavior that suggests that he or she suffers from a mental disorder or is dangerous to others.
Juvenile Court Staffing
9. Removes all employees of a juvenile court, except for juvenile probation officers, juvenile surveillance officers and juvenile detention officers from mandatory inclusion in a county merit system or judicial merit system.
10. Permits deputy directors and all other juvenile court employees to be included in the county or judicial merit system at the discretion of the presiding judge of the superior court in each county.
11. Removes, in counties without a merit system, specified employment termination procedures for juvenile probation officers with more than two years of experience.
12. Requires the Director of Juvenile Court Services to submit an annual report to the presiding judge of the Superior Court and the Legislature that includes the number of juveniles that the court has retained jurisdiction over and provide a copy to the Secretary of State.
Miscellaneous
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Modifies requirements for mandatory inclusion in a county merit system or a judicial merit system.
Amendments Adopted by Committee of the Whole
1. Permits a person who is found delinquent and placed on probation to be given a psychiatric assessment if he or she exhibits behavior suggesting that he or she suffers from a mental disorder or is a danger to others.
2. Establishes reporting duties for the Director of Juvenile Court Services.
3. Makes conforming changes.
House Action Senate Action
JPS 2/14/18 DPA 9-0-0-0 JUD 3/8/18 DPA 7-0-0
3rd Read 2/22/18 56-0-4
Prepared by Senate Research
April 3, 2018
JA/VR/lat