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 Transmitted to the Governor

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

History

In 1990, the Arizona Department of Juvenile Corrections (DJC) 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 DJC.

Provisions

· Adds absolute discharge as a requirement to have adjudication of delinquency set aside for an individual over the age of 18.

· Requires the court, or, alternatively, the DJC to inform an individual of the right to apply to have the adjudication of delinquency set aside.

· Allows a parole officer to apply to set aside adjudication if authorized in writing.

· Removes completion of probation as a condition applying to set aside the adjudication of delinquency.

· Requires absolute discharge from DJC to apply to set aside the adjudication of delinquency.

· Adds a provision that in order to apply to set aside adjudication the individual must have paid all restitution and monetary assessments in full.

· Allows a person to apply for the destruction of DJC records.

· Revises the specifications regarding which individuals may apply to have juvenile records in a case that did not result in adjudication of delinquency destroyed as follows:

1. Requires that the person be at least 18 years of age, rather than 19.

2. Stipulates that the person may not have been convicted of an offense for which a juvenile may be prosecuted as an adult and may not have been convicted for driving under the influence.

3. Provides that the person must have successfully completed all of the terms and conditions of court ordered probation or received an absolute discharge.

4. Specifies that the person must have paid all restitution and monetary assessments in full.

· Revises the specifications regarding which individuals may apply to have juvenile records in a case that resulted in adjudication of delinquency destroyed as follows:

1. Stipulates that the person may not have been convicted of an offense for which a juvenile may be prosecuted as an adult and may not have been convicted for driving under the influence.

2. Provides that the person must have successfully completed all of the terms and conditions of court ordered probation or received an absolute discharge.

3. Specifies that the person must have paid all restitution and monetary assessments in full.

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

· Adds DJC 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.

· 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.

· Adds DJC 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 DJC programs.

· Authorizes the Director to provide medical care and services, including dental care, 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.

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· 45th Legislature

· First Regular Session 3 April 18, 2001

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