SB 1073
Initials LC/DG Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: JUD DPA 7-0-1-0 | 3
rd
Read 27-0-3-0
House: JUD DP 8-0-0-2 | 3
rd
Read 57-0-3-0
SB1073: juveniles; adjudication; disposition; probation
Sponsor: Senator Barto, LD 15
Transmitted to the Governor
Overview
Revises requirements related to a juvenile's adjudication, disposition and probation.
History
In determining which facility a prescribed juvenile is detained in, the court considers all the
following:
1) The best interest of the juvenile and the other detained juveniles in the juvenile detention
center;
2) The severity of the juvenile's charges;
3) The existing programs at the juvenile detention center and the adult facility; and
4) Any other relevant factor (A.R.S. § 8-305).
Pending a juvenile court order, the juvenile court, the superior court clerk and the juvenile
probation department must destroy juvenile records that concern a referral that did not result in
adjudication or that resulted in the successful completion of diversion (A.R.S. § 8-349).
The court must notify the school where the juvenile is enrolled that the juvenile has been convicted
of a dangerous or sexual offense and is on probation. A school must transmit a notice of a
juvenile's dangerous or sexual offense conviction to the school the juvenile attends (A.R.S. § 8-
350).
A juvenile on intensive probation is required to participate in a sanctioned activity for not less than
32 hours each week (A.R.S. § 8-352). Juvenile intensive probation teams consist of variations of
juvenile probationer and surveillance officers (A.R.S. § 8-353). The court may modify the
placement or level of supervision of a juvenile on intensive probation (A.R.S. § 8-354). The court
may waive juvenile intensive probation teams standards (A.R.S. § 8-356).
Provisions
1. Specifies that the court appoints an attorney for a child in delinquency proceedings
commencing with a petition or detention. (Sec. 1)
2. Stipulates that if the court orders the detention, a juvenile arrested for a felony offense may
be detained in a juvenile detention center. (Sec. 3)
3. Deletes the requirement that the court consider the severity of the charges against the juvenile
charged as an adult when determining the facility a juvenile is detained in. (Sec. 3)
4. Outlines the information the court must consider when determining the facility a juvenile is
detained in. (Sec. 3)
5. Outlines the procedure for a motion to transfer a juvenile from a detention center. (Sec. 3)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1073
Initials LC/DG Page 2 Transmitted
6. Removes the definition of dangerous offense. (Sec. 3)
7. States that the monies in the juvenile probation services fund may be used to obtain and
operate a state-approved case management system. (Sec. 4)
8. Specifies that the state-approved case management system serves individuals placed on
probation or juveniles referred to the juvenile court. (Sec. 4)
9. Revises the records that are eligible for destruction. (Sec. 5)
10. Removes the requirement that a school transmit a notice of a juvenile's dangerous or sexual
offense conviction to the school that the juvenile attends. (Sec. 6)
11. Specifies that while on probation, if a juvenile enrolls in a different school, the court must
provide notice of a juvenile's dangerous or sexual offense conviction to the new school in
which the juvenile is enrolled. (Sec. 6)
12. Revises the definition of juvenile intensive probation. (Sec. 7)
13. Strikes the minimum length of time a juvenile participates in an activity imposed as a condition
of intensive probation. (Sec. 8, 11)
14. Includes any applicable monetary obligations, including victim restitution, as a condition of a
juvenile's intensive probation. (Sec. 8)
15. Limits the power to appoint juvenile intensive probation teams to the director of juvenile courts
services. (Sec. 9)
16. Specifies that juvenile intensive probation teams may consist of the prescribed personnel.
(Sec. 9)
17. Includes that a juvenile intensive probation team must exercise close supervision over
juveniles as appropriate. (Sec. 9)
18. Removes the requirement that a juvenile intensive probation team request the county attorney
to bring a noncompliant probationer before the court. (Sec. 9)
19. Allows the juvenile intensive program team to supervise additional juveniles on probation
based on the determination by the Director of Juvenile Court Services. (Sec. 9)
20. Provides that the juvenile probation officer may modify the juvenile's level of intensive
probation. (Sec. 10)
21. Specifies that the court must revoke intensive probation if an additional felony offense
committed by a juvenile poses a serious threat to or danger to the community. (Sec. 10)
22. Repeals statute pertaining to waiver of juvenile intensive probation teams standards. (Sec.
12)
23. Requires a juvenile to be enrolled in school and be transferred to the superior court criminal
division to be eligible for release by a judicial officer. (Sec. 13)
24. Makes technical and conforming changes. (Sec. 1-10, 13)