State Seal2 copy            Bill Number: H.B. 2356

            Burges Floor Amendment

            Reference to: JUDICIARY Committee amendment

            Amendment drafted by: Legislative Council

 

 

FLOOR AMENDMENT EXPLANATION

 

 

·        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 he or she suffers from a mental disorder or is a danger to others.

 

·        Establishes reporting duties for the Director of Juvenile Court Services.

 

·        Makes conforming changes.


 

Fifty-third Legislature                                                    Burges

Second Regular Session                                                  H.B. 2356

 

BURGES FLOOR AMENDMENT

SENATE AMENDMENTS TO H.B. 2356

(Reference to JUDICIARY Committee amendment)

 

 


Page 1, before line 1, insert:

"Page 2, line 7, after "notice" insert "of intent to retain jurisdiction"

Line 11, strike "terminated by order of the court"

Line 12, after "birthday" insert "either:

1.  Jurisdiction is terminated by order of the court.

2.  The juvenile is discharged from the jurisdiction of the department of juvenile corrections pursuant to section 41‑2820.""

Line 4, after "notice" insert "; annual report"

Line 15, after "of" insert "the"

Page 2, between lines 4 and 5, insert:

"C.  The director of juvenile court services, in addition to all other duties, must 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 pursuant to section 8‑202, subsection H.  The director shall provide a copy of this report to the secretary of state.

Sec. 3.  Section 8-246, Arizona Revised Statutes, is amended to read:

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

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

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

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

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

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

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

Sec. 4.  Section 8-272, Arizona Revised Statutes, is amended to read:

START_STATUTE8-272.  Psychiatric acute care services; outpatient and inpatient assessments; definition

A.  If a child exhibits behavior that indicates the child may suffer from a mental disorder or is a danger to self or others, an entity may request that the child receive an outpatient assessment or inpatient assessment.

B.  A psychologist, psychiatrist or physician shall conduct an outpatient assessment at a time and place that is convenient for the psychologist, psychiatrist or physician and the child.  At the conclusion of the outpatient assessment, the psychologist, psychiatrist or physician shall recommend that the child be either:

1.  Provided with outpatient treatment services.

2.  Admitted to a psychiatric acute care facility for inpatient assessment or inpatient psychiatric acute care services.

3.  Provided with residential treatment services.

4.  Discharged to the entity without further psychological or psychiatric services because the child does not suffer from a mental disorder, is not a danger to self or others or is not a child with a persistent or acute disability or grave disability.

C.  A psychologist, psychiatrist or physician shall conduct an inpatient assessment within seventy‑two hours after a child is admitted to an inpatient assessment facility, excluding weekends and holidays.  At the conclusion of the inpatient assessment, the psychologist, psychiatrist or physician shall recommend that the child be either:

1.  Admitted to a psychiatric acute care facility for inpatient psychiatric acute care services.

2.  Discharged to an entity and provided with outpatient treatment services.

3.  Provided with residential treatment services.

4.  Discharged to the entity without further psychological or psychiatric services because the child does not suffer from a mental disorder, is not a danger to self or others or is not a child with a persistent or acute disability or grave disability.

D.  Within twenty‑four hours after a child is admitted for an inpatient assessment, excluding weekends and holidays, the entity shall file a motion for approval of admission for inpatient assessment with the juvenile court. The motion shall include all of the following:

1.  The name and address of the inpatient assessment facility.

2.  The name of the psychologist, psychiatrist or physician who is likely to perform the inpatient assessment.

3.  The date and time the child was admitted to the inpatient assessment facility.

4.  A short statement explaining why the child needs an inpatient assessment.

E.  An entity that files a motion under subsection D of this section shall provide a copy of the motion to all of the parties and their attorneys. The court shall rule on the motion without response from any party, except that any party may request a hearing to review the child's admission for an inpatient assessment.  If the court grants a hearing, the court shall set the hearing on an accelerated basis.

F.  If the psychologist, psychiatrist or physician who performed the outpatient assessment or inpatient assessment of the child recommends that the child receive inpatient acute care psychiatric services, the entity may file a motion for inpatient psychiatric acute care services with the juvenile court.  If the psychologist, psychiatrist or physician makes this recommendation after conducting an inpatient assessment, the entity shall file the motion for inpatient psychiatric acute care services within twenty‑four hours after the completion of the inpatient assessment, excluding weekends and holidays.  The motion shall include all of the following:

1.  A copy of the written report of the results of the inpatient assessment or outpatient assessment, including:

(a)  The reason why inpatient psychiatric acute care services are in the child's best interests.

(b)  The reason why inpatient psychiatric acute care services are the least restrictive available treatment.

(c)  A diagnosis of the child's condition that requires inpatient psychiatric acute care services.

(d)  The estimated length of time that the child will require inpatient psychiatric acute care services.

2.  A written statement from the medical director of the proposed inpatient psychiatric acute care facility or the medical director's designee that the facility's services are appropriate to meet the child's mental health needs.

G.  As soon as practicable after the filing of a motion under subsection D or F of this section, the court shall appoint an attorney for the child if an attorney has not been previously appointed.  The court may also appoint a guardian ad litem for the child.

H.  If a motion is filed pursuant to subsection F of this section, the court shall hold a hearing on the motion within seventy‑two hours after the motion is filed, excluding weekends and holidays.  If the child has been admitted for an inpatient assessment, the child may remain at the inpatient assessment facility until the court rules on the motion.

I.  If a child is admitted for an inpatient assessment and an entity fails to file a motion pursuant to and within the time limit prescribed in subsection F of this section, the child shall be discharged from the inpatient assessment facility.

J.  If the court approves the admission of the child for inpatient psychiatric acute care services, the court shall find by clear and convincing evidence that both:

1.  The child is suffering from a mental disorder or is a danger to self or others and requires inpatient psychiatric acute care services.

2.  Available alternatives to inpatient psychiatric acute care services were considered, but that inpatient psychiatric acute care services are the least restrictive available alternative.

K.  The court shall review the child's continuing need for inpatient psychiatric acute care services at least every sixty days after the date of the treatment order.  The inpatient psychiatric acute care facility shall submit a progress report to the court at least five days before the review and shall provide copies of the progress report to all of the parties, including the child's attorney and guardian ad litem.  On its own motion or on the motion of a party, the court may hold a hearing on the child's continuing need for inpatient psychiatric acute care services.  If requested by the child, the court shall hold a hearing unless the court has held a review hearing within sixty days before the child's request.  If requested by the child, the court may hold a hearing at any time for good cause shown.  The progress report shall make recommendations and shall include at least the following:

1.  The nature of the treatment provided, including any medications and the child's current diagnosis.

2.  The child's need for continued inpatient psychiatric acute care services, including the estimated length of the services.

3.  A projected discharge date.

4.  The level of care required by the child and the potential placement options that are available to the child on discharge.

5.  A statement from the medical director of the inpatient psychiatric acute care facility or the medical director's designee as to whether inpatient psychiatric acute care services are necessary to meet the child's mental health needs and whether the facility that is providing the inpatient psychiatric acute care services to the child is the least restrictive available alternative.

L.  If a child is transferred from an inpatient psychiatric acute care facility to another inpatient psychiatric acute care facility, no new inpatient assessment or outpatient assessment is required.  Unless the court orders otherwise due to an emergency, an entity shall file a notice of transfer with the juvenile court at least five days before the transfer of the child.  The notice shall include all of the following:

1.  The name and address of the facility to which the child is being transferred and the date of the transfer.

2.  A statement from the medical director of the receiving inpatient psychiatric acute care facility or the medical director's designee that the receiving facility is an appropriate facility to meet the child's mental health needs and that it is the least restrictive available alternative.

3.  A statement that the entity has contacted the child's attorney or guardian ad litem and whether the child or the child's attorney or guardian ad litem opposes the transfer.

M.  Any party may request a hearing to review the transfer of a child to another inpatient psychiatric acute care facility pursuant to subsection L of this section.

N.  Within fifteen days after a child is discharged, the inpatient psychiatric acute care facility shall prepare a discharge summary.  Within twenty days after a child is discharged, an entity shall file a notice of discharge with the juvenile court.  The notice shall include:

1.  A statement of the child's current placement.

2.  A statement of the mental health services that are being provided to the child and the child's family.

3.  A copy of the discharge summary that is prepared by a mental health professional.

O.  When possible, the child's attorney shall communicate with the child within twenty‑four hours after a motion is filed pursuant to subsection D or F of this section, excluding weekends and holidays.  The child's attorney shall discuss treatment recommendations and shall advise the child of the child's right to request a hearing.  The child's attorney or designee shall attend all court hearings related to the child's inpatient assessment or inpatient psychiatric acute care services and shall be prepared to report to the court the child's position on any recommended assessments or treatment.  The child may attend any hearing unless the court finds by a preponderance of the evidence that allowing the child to attend would not be in the child's best interests.

P.  If the child is a dually adjudicated child, the entity that requests an order for inpatient psychiatric acute care services shall notify any other entity of all notices, motions, hearings or other proceedings related to the provision of inpatient psychiatric acute care services.  Any entity may attend and participate in all hearings or other proceedings relating to the provision of inpatient psychiatric acute care services to a dually adjudicated child.

Q.  Section 8‑273 applies if residential treatment services are recommended after an inpatient assessment or outpatient assessment or any inpatient psychiatric acute care treatment.  Section 8‑341.01 applies if a child who is adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court requires residential treatment services. Section 41‑2815 applies if a child who is committed to the department of juvenile corrections requires residential treatment services.

R.  Information and records that are obtained or created in the course of any assessment, examination or treatment are subject to the confidentiality requirements of section 36‑509, except that information and records may be provided to the department of juvenile corrections pursuant to section 8‑341.

S.  For the purposes of this section, "child" means a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8‑202, subsection H, under nineteen years of age and who is either:

1.  Found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition.

2.  In the temporary custody of the department pursuant to section 8‑821.

3.  Detained in a juvenile court detention facility.

4.  Committed to the department of juvenile corrections.

5.  Found to be delinquent and subject to probation supervision. END_STATUTE

Sec. 5.  Section 8-273, Arizona Revised Statutes, is amended to read:

START_STATUTE8-273.  Residential treatment services; definition

A.  If a child exhibits behavior that indicates the child may suffer from a mental disorder or if it is recommended as a result of an outpatient assessment or inpatient assessment pursuant to section 8‑272 that a child receive residential treatment services, an entity may file a motion requesting that the juvenile court order a child to receive residential treatment services.  If the motion states that all parties, including counsel for the child, have been contacted and are in agreement, the court is not required to set a hearing on the motion.

B.  A motion for residential treatment services shall be supported by a written psychological, psychiatric or medical assessment recommending residential treatment services.  The court may waive the written assessment on a finding of good cause.  The written assessment shall include at least the following:

1.  The reason why residential treatment services are in the child's best interests.

2.  The reason why residential treatment services are the least restrictive treatment available.

3.  The reason why the child's behavioral, psychological, social or mental health needs require residential treatment services.

4.  The estimated length of time that the child will require residential treatment services.

C.  A motion for residential treatment services shall be supported by a written statement from the medical or clinical director of the residential treatment facility or the director's designee that the facility's services are appropriate to meet the child's needs.

D.  As soon as practicable after an entity files a motion under subsection A of this section, the court shall appoint an attorney for the child if an attorney has not been previously appointed.  The court may also appoint a guardian ad litem for the child.

E.  The child's attorney shall discuss the treatment recommendations with the child.  The child's attorney or designee shall attend all court hearings related to the child's placement in a residential treatment facility and shall be prepared to report to the court on the child's position regarding any recommendations or requests related to the provision of residential treatment services.  The child may appear at any hearing, unless the court finds by a preponderance of the evidence that allowing the child to attend the hearing would not be in the child's best interests.

F.  If the court orders a child to receive residential treatment services, the court shall find by clear and convincing evidence that both:

1.  The child requires residential treatment services to address the child's behavioral, psychological, social or mental health needs.

2.  Available alternatives to residential treatment services were considered, but that residential treatment services are the least restrictive available alternative.

G.  The court shall review the child's continuing need for residential treatment services at least every sixty days from the date of the treatment order.  The residential treatment facility shall submit a progress report to the court at least five days before the review and shall provide copies of its report to all of the parties, including the child's attorney and guardian ad litem.  The progress report shall include the recommendations of the child's treatment facility and shall include at least the following:

1.  The nature of the treatment provided, including any medications and the child's current diagnosis.

2.  The child's need for continued residential treatment services, including the estimated length of the services.

3.  A projected discharge date.

4.  The level of care required by the child and the potential placement options that are available to the child on discharge.

5.  A statement from the medical or clinical director of the residential treatment services facility or the director's designee as to whether residential treatment services are necessary to meet the child's needs and whether the facility that is providing the residential treatment services to the child is the least restrictive available alternative.

H.  On its own motion or on the motion of a party, the court may schedule a hearing concerning the child's continuing need for residential treatment services.  If requested by the child, the court shall schedule a hearing unless the court has held a review hearing within sixty days before the child's request.  If requested by the child, the court may hold a hearing at any time for good cause shown.

I.  If the child is a dually adjudicated child, the entity that requests an order for residential treatment services shall notify any other entity of all notices, motions, hearings or other proceedings related to the provision of residential treatment services.  Any entity may attend and participate in all hearings or other proceedings relating to the provision of residential treatment services to a dually adjudicated child.

J.  Information or records that are obtained or created pursuant to any assessment, examination or treatment are subject to the confidentiality requirements of section 36‑509, except that information and records may be provided to the department of juvenile corrections pursuant to section 8‑341.

K.  This section does not apply to a child who is either:

1.  Committed to the department of juvenile corrections.  Section 41‑2815 applies if a child who is committed to the department of juvenile corrections requires residential treatment services.

2.  Adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court.  Section 8‑341.01 applies if a child who is adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court requires residential treatment services.

L.  For the purposes of this section, "child" means a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8‑202, subsection H, under nineteen years of age and who is either:

1.  Found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition.

2.  In the temporary custody of the department pursuant to section 8‑821.END_STATUTE"

Page 2, between lines 5 and 6, insert:

"Page 10, line 7, strike "extended" insert "retained"

Between lines 28 and 29, insert:

"Sec. 8.  Section 8-341.01, Arizona Revised Statutes, is amended to read:

START_STATUTE8-341.01.  Residential treatment services; definition

A.  If at a disposition hearing or a subsequent hearing the court orders a delinquent juvenile or incorrigible child to receive residential treatment services, other than psychiatric acute care services as defined in section 8‑271, the placement must be supported by a written psychological, psychiatric or medical evaluation recommending residential treatment services.  The court may waive the written evaluation for good cause shown.

B.  If the court orders a child to receive residential treatment services, the court shall find by clear and convincing evidence that both:

1.  The child requires residential treatment services to address the child's behavioral, psychological, social or mental health needs.

2.  Available alternatives to residential treatment services were considered, but that residential treatment services are the least restrictive alternative.

C.  The court shall review the child's continuing need for residential treatment services at least every sixty days after the date of the treatment order.  The residential treatment facility shall submit a progress report to the court at least five days before the review and shall provide copies of its report to all parties, including the child's attorney and guardian ad litem.  The progress report shall include the recommendations of the child's treatment facility and shall include at least the following:

1.  The nature of the treatment provided, including any medications and the child's current diagnosis.

2.  The child's need for continued residential treatment services, including the estimated length of the services.

3.  A projected discharge date.

4.  The level of care required by the child and the potential placement options that are available to the child on discharge.

5.  A statement from the medical or clinical director of the residential treatment services facility or the director's designee as to whether residential treatment services are necessary to meet the child's needs and whether the facility that is providing the residential treatment services to the child is the least restrictive available alternative.

D.  On its own motion or the motion of a party, the court may hold an expedited hearing to review the continued placement of the child in residential treatment.

E.  If the child is also found to be dependent or is temporarily subject to court jurisdiction pending an adjudication of a dependency petition, the probation department shall notify the department of child safety that placement of the child for residential treatment services is being recommended.  The department shall receive copies of any reports relating to the child's placement for residential treatment services.  The department may attend and participate in all hearings and any other proceedings relating to the placement or continued placement for residential treatment services.

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

Sec. 9.  Section 8-342, Arizona Revised Statutes, is amended to read:

START_STATUTE8-342.  Commitment of child; medical examination; definition

A.  A child who is any of the following shall not be committed or awarded to the department of juvenile corrections:

1.  Adjudicated delinquent for an offense that is not a felony unless the child has been previously adjudicated delinquent for an offense that is a felony or is seriously mentally ill.

2.  Under fourteen years of age.

3.  A dependent or incorrigible child unless the child is adjudicated delinquent and is not excluded under paragraph 1 or 2 of this subsection.

B.  Before commitment to the department of juvenile corrections, every child shall be given a medical examination.  If it is determined that any contagious or infectious disease is present, the child shall not be committed to the department of juvenile corrections, but the juvenile court shall order that the child be given the necessary medical treatment at the county hospital or other medical facility.  When the child is discharged by competent medical authority, the juvenile court may order the child's commitment to the department of juvenile corrections.  In any case copies of records, examinations and evaluations shall be made of the findings of the medical examination and of any subsequent treatment and discharge, which copies shall accompany the child's commitment papers.

C.  If the child is a dependent child and is committed or awarded to the department of juvenile corrections, the foster care review board shall review the child's case as required by section 8‑515.03.

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

Renumber to conform

Page 11, between lines 39 and 40, insert:

"Sec. 11.  Section 8-371, Arizona Revised Statutes, is amended to read:

START_STATUTE8-371.  Educational rehabilitation; definitions

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 on release be screened by the school to which the juvenile is admitted for possible disabilities as provided in section 15‑761, paragraph 2 and, if the screening so indicates, be referred for evaluation for possible placement in a special education program.

D.  The school district of residence and the juvenile court or the department of juvenile corrections may establish education, counseling or other programs in order to improve the behavior and educational performance of juveniles covered by this section.

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

Renumber to conform

Page 24, after line 12, insert:

"Sec. 13.  Section 41-2801, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2801.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Committed youth" or "youth" means a person who is fourteen years of age or older but who has not yet attained the age of eighteen years and who has been committed according to law to the department of juvenile corrections for supervision, rehabilitation, treatment and education and who is either:

(a)  at least fourteen years of age and under eighteen years of age.

(b)  Subject to retained jurisdiction pursuant to section 8‑202, subsection H.

2.  "Department" means the department of juvenile corrections.

3.  "Director" means the director of the department of juvenile corrections.

4.  "Educational system" means the state educational system for committed youth.

5.  "Secure care" means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress. END_STATUTE

Sec. 14.  Section 41-2804.01, Arizona Revised Statutes, is amended to read:

START_STATUTESTART_STATUTE41-2804.01.  Religious services advisory committee; appointment; duties; religious programs

A.  The director shall establish a religious services advisory committee to consist of nine members, no fewer than six of whom shall be representatives of the religious community.

1.  B.  The director shall appoint the committee members, who shall serve at the director's pleasure.

(a)  The chaplains employed by the department and the members of the religious services advisory committee shall make recommendations regarding appointments to the committee.

(b)  Committee members shall not receive compensation.

2.  C.  The religious services advisory committee shall meet at least quarterly and shall submit quarterly progress reports and recommendations to the director.

3.  D.  The religious services advisory committee shall advise the director regarding the provision of religious programs to all youth in secure care facilities who desire the services.

B.  E.  The department shall make available religious programs that accommodate the religious faiths held by youth in secure care facilities so as long as the programs would not interfere with the safety or security of the facility, staff or youth.

1.  F.  Participation in religious programs shall be available to all juveniles youth in secure care facilities.

(a)  Participation in religious programs by committed juveniles youth shall be strictly voluntary.

(b)  No juvenile youth shall be coerced to participate in religious programs nor shall any effort be made to coerce any youth to adopt or change any religious affiliation or beliefs. END_STATUTE

Sec. 15.  Section 41-2815, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2815.  Individual treatment plan; diagnostic assessment; placement

A.  The department shall develop for each committed youth an individual treatment plan based on a diagnostic psychological evaluation and educational assessment received from the court pursuant to section 8‑341 or performed by the department.  The individual treatment plan shall take into consideration the public safety and other factors that are relevant to the youth's treatment, rehabilitation and education.

B.  The diagnostic assessment that is required by subsection A of this section shall be conducted under the supervision of a psychologist licensed pursuant to title 32, chapter 19.1.  The written evaluation shall include:

1.  The reason for the referral.

2.  Relevant medical findings.

3.  A description of the tests and screening devices that are administered and the results.

4.  An assessment of the child's youth's intellectual functioning and levels of achievement, including a neuropsychological screening and, if applicable, a diagnostic statistical manual‑IIIR diagnosis and psychoeducational diagnosis.

5.  The developmental, social and educational histories of the child youth.

6.  An analysis of the child's youth's problematic behavior, including a description of the behavior, its frequency and duration, any aggravating or mitigating circumstances and the likelihood that the problematic behavior will recur, and an analysis of related factors.

7.  An assessment of the child's youth's family system, including the ability of the family to supervise the child youth and support positive behavior in the child youth.  The evaluation may recommend the types of services needed to strengthen the family's ability to supervise and support the child youth.

8.  An assessment of the child's youth's strengths and skills especially those related to changing the problematic behavior.

9.  Specific recommendations regarding the level and type of services and supervision that would address the child's youth's problematic behavior and educational deficiencies, if any.

C.  Based on the child's youth's individual treatment plan, the department shall assign each committed youth to an appropriate educational program in a secure care facility or other placement.  The department shall establish or contract for secure care facilities and residential and nonresidential community placements and programs. END_STATUTE

Sec. 16.  Section 41-2820, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2820.  Discharge

A.  Each youth shall be discharged from the jurisdiction of the department on attaining eighteen years of age, except that if the juvenile court retained jurisdiction over the youth pursuant to section 8‑202, subsection H, the youth shall be discharged from the jurisdiction of the department on or before attaining nineteen years of age.

B.  If the department determines that the youth's treatment, rehabilitation and education pursuant to the individual treatment plan have been successfully completed and that there is a reasonable probability that the youth will observe the law and will not be a threat to the public's safety if at liberty, the youth may be granted a discharge.  On the discharge of a youth pursuant to this subsection, the department shall promptly notify the committing court, the county attorney in the county in which the youth was committed and the victim or the victim's representative of the discharge.

C.  Except as provided in subsection D of this section, a youth shall be discharged from the jurisdiction of the department of juvenile corrections if the youth is convicted of a felony offense.

D.  A youth who is convicted of a felony offense and who committed the offense while residing in a secure care facility operated by the department of juvenile corrections either:

1.  Shall be discharged from the department of juvenile corrections if the youth is sentenced to the state department of corrections.

2.  May be discharged from the department of juvenile corrections if the youth is placed on adult probation and all the following apply:

(a)  The youth has completed the minimum length of stay in secure care, if any, that was assigned by the committing juvenile court pursuant to section 8‑341.

(b)  The youth would have been eligible to be placed on conditional liberty pursuant to section 41‑2818.

(c)  The youth is subject to the jurisdiction of an adult probation department.

E.  A youth may be discharged from the jurisdiction of the department if the youth is placed by civil commitment under the jurisdiction of another agency.

F.  A youth shall be conditionally discharged from the jurisdiction of the department if all of the following requirements are satisfied:

1.  The youth has completed the minimum length of stay in a secure care facility, if any, that was assigned by the committing juvenile court pursuant to section 8‑341.

2.  The United States immigration and customs enforcement enforces a detainer by taking custody of the youth for immigration proceedings.

3.  The youth must sign signs a condition that the youth's discharge will be vacated if the youth returns to the United States without legal authorization.

G.  If the department receives actual notice that a youth who received a discharge pursuant to this section has returned to the United States without legal authorization prior to the youth's attaining eighteen years of age, the department shall:

1.  Vacate the discharge.

2.  Place the youth on conditional liberty status.

3.  Issue a warrant for the apprehension of the youth.

4.  Notify the United States immigration and customs enforcement.

5.  Take the youth into custody.

H.  Notwithstanding subsection A of this section, a youth who is at least eighteen years of age shall be discharged from the jurisdiction of the department if the jurisdiction over the youth has been retained pursuant to section 8‑202, subsection H and the youth is charged with a criminal offense.END_STATUTE""

Amend title to conform


 

 

JUDY BURGES

 

2356FloorBURGES1

03/26/2018

2:02 PM

C: sp