House of Representatives

HB 2335

juvenile corrections; omnibus

Sponsors: Representative Voss; Senator Richardson

DP	Committee on Judiciary
DP	Committee on Public Institutions & Rural Affairs
dp	Caucus and COW
x	Third Read
	As Passed the House

HB 2335 amends Arizona’s juvenile offender statutes to provide victims’ the opportunity to make a statement prior to the court considering a request for discharge of juvenile offender. The bill also provides for the court to notify the Arizona Department of Juvenile Corrections (ADJC) of victims who have requested notification when a juvenile is committed to ADJC for a violation of probation.

History

The Victims Rights for Juvenile Offenses Act provides victims who request it the opportunity to submit comments when a juvenile is being considered for release from a secure facility and notice of the decision. However, there is currently no provision for similar input or notice when a juvenile is considered for discharge from ADJC’s jurisdiction for having successfully completed his or her individualized supervision plan; nor is there notice for victims who previously requested it when a juvenile is committed to ADJC for a probation violation.

Provisions

· Adds a victim’s request for postadjudication notice to the packet of documents that the court must submit to ADJC upon commitment of a juvenile.

· Replaces the term absolute discharge for purposes of setting aside adjudication and destruction of juvenile records with a specific reference to the general statute that authorizes discharge in accordance with successful completion of an individualized treatment plan.

· Specifically affords a victim who has requested notice of postadjudication release the right to submit a statement to ADJC when a request for discharge based on successful completion of the juvenile’s individualized treatment plan is to be considered.

· Requires ADJC to give notice to a victim who requests it fifteen days prior to consideration of the juvenile’s request for discharge.

· Requires ADJC to inform the victim that the victim has the right to submit a statement to ADJC regarding the juvenile’s request for discharge.

· Requires the court to provide a copy of a victim’s request for postadjudication notice to ADJC in the event that the juvenile’s probation is revoked.

· Makes juveniles who were convicted as adults pursuant to Arizona’s mandatory transfer statute ineligible for early release or parole for committing assault with a deadly weapon while in a secure care facility.

· Makes technical and conforming changes.

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· 45th Legislature

· Second Regular Session 2 May 29, 2002

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