ARIZONA STATE SENATE
Phoenix, Arizona
juvenile
corrections; omnibus
Provides victims the opportunity to submit statements to the Arizona Department of Juvenile Corrections (ADJC) regarding a juvenile’s discharge from the ADJC.
The ADJC mission is to enhance public protection by changing delinquent thinking and behaviors of juvenile offenders committed to the ADJC. In 1995, the Victims’ Rights for Juvenile Offenses Act (Act) extended victims’ rights provided under the Arizona Constitiution to victims of juvenile offenders. Rights of victims of juvenile offenders committed to the ADJC include:
a) Inclusion in any hearings where the juvenile is being released.
b) Notification when a juvenile offender is moved from secure care or released.
c) Notification when a juvenile offender escapes.
d) Prompt restitution from a juvenile offender convicted of the criminal conduct that caused the victim’s loss or injury.
Although the Act allows victims to request notification of a juvenile offender’s status, the ADJC believes some revisions are necessary to provide victims notification of all proceedings.
H.B. 2335 requires the ADJC to provide notice that a juvenile’s discharge is under consideration and notify victims of the right to submit comments. This legislation also requires victims’ requests for notification of a juvenile’s release or discharge to be transferred to the ADJC.
Any potential fiscal impact is undetermined at this time.
1. Allows a victim to submit a statement when the ADJC is considering the discharge of a juvenile.
2. Requires the court to transmit a victim’s postadjudication notice request to the ADJC when the custody of a juvenile is transferred to the ADJC.
3. Requires the ADJC to give notice to a victim, fifteen days prior to consideration of discharge, of the victim’s right to submit a statement regarding the request for discharge.
4. Requires the court to provide a copy of a victim’s request for postadjudication notice to the ADJC in the event that the juvenile’s probation is revoked.
5. Adds juveniles in the custody of the ADJC to the clause that provides legal protection to persons in custody from unlawful sexual conduct of correctional employees.
6. Replaces the term “absolute discharge” with the discharge of a juvenile on successful completion of the juveniles individualized treatment plan.
7. Makes technical and conforming changes.
8. Provides for a general effective date.
JUD 2/05/02 DP 9-0-0-1
PIRA 2/12/02 DP 7-0-0-3
3rd Read 3/26/02 58-0-2-0
Prepared by Senate Staff
March 28, 2002