House of Representatives

HB 2282

department of juvenile corrections; revisions

Sponsors: Representatives Voss: Tully

DPA	Committee on Judiciary
DPA	Committee on Retirement & Government Operations
DPA	Caucus and COW
X	As Passed the House

HB 2282 makes substantive, clarifying and technical changes to Arizona juvenile corrections law.

History

In 1990, the Arizona Department of Juvenile Corrections (ADJC) was split from the Department of Corrections (DOC). At that time, some provisions that applied to DOC were not enumerated in the statutes that created ADJC.

Provisions

· Expands law to allow persons over 18 years of age who fulfilled the terms of conditional liberty imposed by ADJC to apply to the juvenile court to set aside the adjudication of delinquency or incorrigibility.

· Allows an adult to apply for destruction of the adult’s juvenile ADJC records. Allows persons on whom conditional liberty was imposed by ADJC to apply for destruction of records. Further authorizes the juvenile court to order the destruction of records of a person who successfully completed the terms of conditional liberty imposed by ADJC. Authorizes ADJC to retain records for research purposes.

· Adds ADJC to the list of entities in ARS section 13-1206, which makes an assault committed by a juvenile while in the custody at ADJC a Class 2 felony.

· Adds ADJC employees to the list of correctional employees prohibited from sexual conduct with persons in their custody. Makes unlawful sexual conduct with a person under 15 years of age a Class 2 felony, and with a person between 15 and 17 years of age a Class 3 felony.

· Establishes a new offense to prohibit persons from introducing contraband into a secure care facility. Requires any person with reasonable grounds to believe a violation or attempted violation has occurred to immediately report the violation or attempted violation.

· Adds ADJC to the list of employers authorized to conduct pre-employment and ongoing employment drug screening.

· Specifies that the Director may contract with other agencies or institutions to further ADJC programs.

· Requires the Director to provide medical care and services to committed youth.

· Expands the use of the canteen at a secure facility to include anyone on the premises.

· Clarifies that hospital employees, licensed medical personnel, staff and volunteers who provide services to juveniles in an outside health care facility are exempt from completing background check forms and fingerprint checks.

· Makes technical and conforming changes

HB 2282 was amended in the Judiciary Committee as follows:

· Added parole officer to the list of persons who may be authorized to apply to the juvenile court to set aside the juvenile’s adjudication as a delinquent.

· Adds dental care to the list of services the Director of ADJC

· Makes technical and clarifying changes.

HB 2282 was amended in the Retirement and Government Operations Committee as follows:

· Reduces the classification of a felony from a Class 2 to a Class 5 for persons who commit an assault while they are confined to a secure facility.

· Exempts information protected under attorney client privilege from disclosure requirements for anyone with reasonable belief that a juvenile is making, obtaining, possessing or conveying contraband in a juvenile secure care facility.

· Repeals Arizona Revised Statutes section 13-3708. These crimes are now covered in the new section 13-2514 added by the bill.

HB 2282 was amended in Committee of the Whole as follows:

· Adopted the Retirement and Government Operations Committee amendment, with the exception that the Class 2 felony designation remains for assault by a person in a secure care facility.

· Adds receiving absolute discharge and payment of all restitution and monetary assessments as a condition that must be met in order to set aside adjudication or to have juvenile records destroyed.

· Prevents juveniles convicted as adults or convicted of driving under the influence from eligibility for destruction of juvenile records.

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· 45th Legislature

· First Regular Session 3 March 16, 2001

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