House of Representatives

HB 2203

juvenile detention costs

Sponsors: Representatives Carruthers, Canell: Binder, et al.

 

DP

Committee on Public Institutions & Rural Affairs
DPA

Committee on Judiciary
dpa

Caucus and COW

x

Third Read

 

 

As Passed the House

 

HB 2203 stipulates that if a juvenile court commits a child to a juvenile facility, then the court shall inquire into the ability of the child, the child’s estate, parent or guardian or the person who has custody of the child to bear the cost of the child’s incarceration.

Current Status

HB 2203 passed the Public Institutions & Rural Affairs Committee unamended.  HB 2203 was amended in the Judiciary Committee to change the costs that a parent or guardian is responsible for when a child is incarcerated, make payment of those costs optional and clarify that foster parents and group homes are not responsible for the costs.  The JUD amendment was adopted in the Committee of the Whole.

History

A.R.S. § 8-243 allows the juvenile court, when awarding or committing a child to the Department of Juvenile Corrections (Department) or other state department or institution, to inquire into the ability of the child, the child’s estate, parent or guardian or the person who has custody of the child to bear the cost of the child’s incarceration. If the court is satisfied that the both individuals can bear the expense or any portion of the expense, then the court shall fix the cost and mandate that the amount be paid monthly to the Department or other agency to which the child is awarded or committed.

HB 2203 would extend that ability to the juvenile court that awards or commits juveniles to any juvenile detention facility.

Provisions

·              States that if a juvenile court commits a child to a juvenile facility, then the court shall inquire into the ability of the child, the child’s estate, parent or guardian or the person who has custody of the child to bear the costs associated with the child’s incarceration.

·              Stipulates that if the juvenile court is satisfied that the child, the child’s estate, parent or guardian or the person who has custody of the child can bear the expense or any portion of the expense, then the court shall fix the amount of the costs and mandate that amount be paid to the juvenile court.

·              States that the assessment is collectable as a civil judgement.

·              Requires the juvenile court to acknowledge the receipt of the monies and transmit the funds monthly to the county treasurer for deposit in the county general fund.

·              Requires the juvenile court to transmit a copy of its orders regarding payment along with its orders of commitment.

 

Amendments

HB 2203 was amended in the Judiciary Committee as follows:

§         Changes the costs that a parent, guardian, or person who has custody of a child is responsible for from medical, dental and mental health care to food, clothing, shelter and supervision costs.

§         Removes the provision that makes payment by the child or the child’s parent or guardian mandatory.

§         Clarifies that foster parents and group homes shall not be responsible for the costs of the child’s commitment to a juvenile facility.

The JUD amendment was adopted in the Committee of the Whole.

 

 

 

 

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45th Legislature                       

Second Regular Session            2          March 21, 2002

 

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