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ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1166

 

juvenile court dispositions

Purpose

            Modifies requirements and procedures of the juvenile court relating to the retention of jurisdiction and information provided to juvenile offenders.

Background

            Statute requires the juvenile court to retain jurisdiction of a child obtained by the court for the purposes of implementing the orders made and filed in a proceeding, until the child becomes 18 years old, unless: 1) the jurisdiction is terminated by order of the court before that time; or
2) the state files a notice of intent to retain jurisdiction over the juvenile who is at least 17 years old and who has been adjudicated a delinquent juvenile until the juvenile reaches 19 years old, with specified exceptions. Statute also requires the juvenile court to retain jurisdiction after a juvenile becomes 18 years old for the purpose of designating an undesignated felony offense as a misdemeanor or felony, even after an adjudication is set aside (A.R.S. § 8-202).                                                                                                                                           

            Juvenile intensive probation is a program of highly structured and closely supervised juvenile probation that emphasizes surveillance, treatment, work, education and home detention (A.R.S. § 8-351). Juvenile intensive probation may include: 1) home arrest and electronic monitoring; 2) incarceration in a juvenile detention center; or 3) commitment to the Arizona Department of Juvenile Corrections (A.R.S. § 8-341).        

            Statute allows the term of juvenile probation to continue until the juvenile becomes 18 years old or, if jurisdiction is retained, 19 years old. However, statute requires that juvenile probation only exceed one year if specified requirements have been met (A.R.S. § 8-341).

                           There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

Juvenile Probation

1.      Allows the court to determine that juvenile intensive probation services are not required for repeat juvenile offenders over 14 years old based on the severity of the offense and a risk assessment.

2.      Removes the requirement that a juvenile be found in violation of probation if that juvenile:

a)      has been adjudicated delinquent for an offense involving the purchase, possession or consumption of liquor or drugs;

b)      is placed on juvenile probation; and

c)      is found to have consumed any liquor or to have used any drugs while on probation.

3.      Removes the prohibition against placing a juvenile on probation for over a year if a parent objects to the juvenile's release.

4.      Removes the requirement that the juvenile court respond to a juvenile's third or subsequent violation of a condition of probation by bringing the juvenile before the court.

5.      Removes home arrest, electronic monitoring and commitment to the Arizona Department of Juvenile Corrections for a significant period of time from the enumerated potential elements of juvenile intensive probation for repeat felony juvenile offenders over 14 years old.

6.      Rewrites the required warning given to a juvenile offender and the required warning given to a repeat felony juvenile offender upon adjudication as to subsequent consequences.

Jurisdiction Over Juveniles

7.      Requires the juvenile court to retain jurisdiction after a juvenile reaches 18 years old for the purpose of modifying an outstanding monetary obligation imposed by the court, unless it is for victim restitution.

8.      Allows the state to file a notice of intent to retain jurisdiction over a juvenile who is 17 years old any time before an adjudication hearing or a proceeding in which a juvenile is admitting to an allegation in a petition.

Restoration of Rights

9.      Prohibits the clerk of the superior court from charging a filing fee for an application to restore a person's right to carry or possess a firearm.

10.  Requires the clerk of the superior court, and not the applicant, to serve a copy of an application to restore a person's right to carry or possess a firearm on the county attorney.

11.  Allows the superior court in the county where the person was adjudicated, and not just the judge who discharges the person, to restore a person's right to possess a firearm following completion of the required period of probation.

Destruction of Records

12.  Requires, on order of the juvenile court after a person files an application with the court, the clerk of the superior court, juvenile court and the juvenile probation department to destroy records:

a)      that concern a referral or citation that did not result in further action;

b)      that resulted in a successful completion of diversion within 90 days after the person who was the subject of the referral or citation reaches 18 years old; or

c)      when destruction is ordered by the court.

13.  Requires the juvenile court, the clerk of the superior court and the juvenile probation department to destroy records when ordered by the juvenile court, either on order of the juvenile court after a person files an application with the court or on notification by the probation department.

14.  Requires the clerk of the court to notify the Department of Public Safety if a juvenile record is destroyed.

Miscellaneous

15.  Removes the requirement that a juvenile be discharged by the court to have a juvenile adjudication set aside.

16.  Makes technical and conforming changes.

17.  Becomes effective on the general effective date.

Prepared by Senate Research

January 26, 2021

JA/RC/kja