CATEGORIES

CATEGORIES

 SB1041

Effective Date
 General

JUVENILE CORRECTIONS; TEMPORARY ESCORT
Sen. Chuck Gray

Permits the director of the Department of Juvenile Corrections to authorize the temporary escort of a committed youth for compassionate leave or for the purposes of treatment, education or rehabilitation.  Requires public safety and any other relevant factors be considered before approving the escort.  Department staff is to escort and maintain custody of the youth.

Statute(s) Impacted:  8-341, 41-2804

Court Impact:  Informational.

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Chapter 72

HB2212

Effective Date
Delayed
01/01/2008

SIBLING INFORMATION EXCHANGE PROGRAM
Rep. Hershberger

Establishes a sibling information exchange program to facilitate contact between former dependent children and their siblings.  Former dependent children at least 18 years old, parents of former dependent children under eighteen and siblings of former dependent children may participate in the program or file an affidavit to opt out of contact.  Defines a former dependent child as “a person who was adjudicated a dependent child in a dependency proceeding pursuant to this chapter that has been dismissed by order of the juvenile court”.  Notification of the program is required at the conclusion of an adoption proceeding and at the conclusion of a dependency proceeding when the court finds the child is no longer a dependent child.  Notification of the program may be given to the former dependant child specific to the hearing or to an individual with legal custody of the former dependent child.  The Supreme Court may establish rules necessary to implement the program.

Statute(s) Impacted:  8-116, 8-135, 8-501, 8-847, 8-872

Statute(s) Created:  8-543

Court Impact:  The court will need to provide information about the Sibling Information Exchange Program to the appropriate persons during the stated proceedings.  The court must provide written notice of the Sibling Information Exchange Program before dismissing a dependency proceeding if the court finds that a child is no longer dependent.  The court may begin to see affidavits regarding contact by siblings filed and withdrawn by former dependent children, since a former dependent child who does not want to be contacted by their sibling(s) may file an affidavit with the court in order to prevent contact (through a confidential intermediary) by a sibling.  The affidavit may be withdrawn, in writing.

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 HB2344

Effective Date
General

JUVENILE GRAFFITI; MONETARY ASSESSMENT
Rep. Driggs

Requires a person adjudicated for a graffiti offense (criminal damage) to pay a $300- $1,000 fine plus surcharge.  The court may order the juvenile to complete community restitution hours for all or part of the fine (not the surcharge) at a rate of ten dollars per hour.  Restitution must be paid pursuant to A.R.S. §13-809, (A).  Only applies to a graffiti violation pursuant to A.R.S. §13-1602 (A) (5), not the entire criminal damage statute.

Statute(s) Impacted:  8-323, 8-341, 41-1750

Court Impact:  The court must order a juvenile adjudicated delinquent of this offense, at a minimum, to pay a $300 fine or perform 30 hours of community service or some combination of both.

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Chapter 126

HB2393

Effective Date
General

SPECIAL EDUCATION; SURROGATE PARENTS
Rep. Crandall

Allows the Department of Education, in addition to a court with the appropriate jurisdiction, to appoint a surrogate parent for a child in need of special education.  As allowed by state and federal law, the Department must notify the court if a surrogate parent is appointed.

Statute(s) Impacted:  15-791, 15-763.01

Court Impact:  Courts will see fewer requests for the appointment of surrogate parents.  Generally, the ADE will now need to notify the court if the ADE appoints a surrogate parent for a ward of the state as it relates to a child with a disability.

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SB1130

Effective Date
General

COMPETENCY REPORTS; DISCLOSURE
Sen. Chuck Gray

Permits a court to grant access to sealed adult or juvenile competency reports to the Department of Corrections for the purposes of assessment and supervision/monitoring if the individual is in the custody of or is scheduled to be transferred into the custody of the Department.

Statute(s) Impacted:  8-291.06, 13-4508

Court Impact:  Expands the courts' authority to grant access to sealed adult or juvenile competency reports beyond the probation department (currently) now to ADC.

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 SB1158 

Effective Date
General

CPS; INVESTIGATIONS; OTHER JURISDICTIONS
Sen. Leff

In an action to terminate parental rights, preliminary protective hearing, dependency or permanency hearing the court is required to consider any substantiated allegations of abuse or neglect committed in another jurisdiction.  If a Child Protective Services worker conducting an investigation is made aware of an allegation of abuse or neglect made in another state, the worker must attempt to determine the outcome of any investigation.

Statute(s) Impacted:  8-533, 8-802, 8-825, 8-844, 8-862

Court Impact:  Alters the evidentiary considerations in parent-child termination proceedings at preliminary protective hearings, dependency adjudication hearings, and permanency hearings.

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SB1628

Effective Date
General

YOUTHFUL SEX OFFENDERS; TREATMENT
Sen. Johnson

Requires a sex offender placed in a treatment program by order of a court or a probation department to be placed with offenders of similar age and maturity level if group treatment is prescribed by the provider.  A mental health treatment program must comply with the professional code of ethics from the Association for the Treatment of Sexual Abusers and can not include images in violation of Title 13, Chapters 35 and 35.1.  Sex offender is defined as a person 21 years of age or younger, who is convicted or adjudicated of an offense in violation of Title 13, Chapters 14 or 35.1 that does not involve a deadly weapon or dangerous instrument.

Requires the court to hold a hearing to determine if jurisdiction of the criminal prosecution of a juvenile prosecuted as an adult pursuant to A.R.S. §13-501 (B) for a Title 13, Chapter 14 or 35.1 offense should be transferred to the juvenile court on either motion of the juvenile or the court or if the juvenile is being prosecuted for an offense that was committed more than twelve months before the date of the filing.  The juvenile must be transferred to the juvenile court if the court finds by clear and convincing evidence that doing so would best serve the public safety and the rehabilitation of the juvenile.  Outlines the determining factors that must be considered.  The court must make a written determination regarding transfer to the juvenile division and is prohibited from deferring the decision.  On transfer, the court must order that the juvenile be taken to the juvenile court, a court-designated place of detention, or released to the custody of the juvenile’s parent or legal guardian who must then bring the juvenile to appear before the juvenile court at a designated time.

Requires the court to conduct a probation review hearing at least once a year upon request of a probationer who is under 22 years of age and committed an offense for which sex registration is required prior to age 18.  The court must consider whether to continue, modify or terminate probation, registration and community notification.  The probation department supervising the individual must prepare a report prior to the hearing and make the report available to listed individuals.  Conforming language in the registration statute, but not in the community notification statute.

Statute(s) Impacted:  13-3821

Statute(s) Created:  8-350.01, 13-501.01, 13-923

Court Impact:  The court must carry out the specific requirements for placing certain sex offenders in mental health treatment programs; transferring juveniles being prosecuted as adults for specific sexual offenses to the juvenile court; and conducting annual probation review hearings for certain probationers set forth in this bill.

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HB2391

Effective Date
General

SPIRITUOUS LIQUOR; OMNIBUS
Rep. Crandall

In pertinent part, classifies the act of knowingly admitting an underage person into a bar as a Class 1 misdemeanor.  Authorizes the court to suspend the driving privilege of a person less than 18 years of age for a maximum 180 days upon conviction of buying, possessing or consuming spirituous liquor.

Statute(s) Impacted:  4-101, 4-202, 4-205.02, 4-213, 4-241, 4-243.02, 4-244, 4-246, 28-3309, 28-3320

Court Impact:  Establishes a new class 1 misdemeanor and modifies the penalties for certain alcohol-related offenses by a minor.  Makes the violations currently listed in statute (A.R.S. sec. 28-3309) the maximum penalties for underage persons who are convicted of using a false identification.

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 HB2033

Effective Date
Delayed
07/01/2008

TEENAGE DRIVER SAFETY ACT
Rep. McComish

Expands the restrictions of the Class G driver license to prohibit a licensee from driving between midnight and 5 A.M. during the first six months of licensure unless accompanied by a parent or legal guardian or driving to or from listed locations or events.  Restricts the licensee from driving with more than one passenger under the age of 18 unless the passengers are the driver’s siblings or the driver is accompanied by a parent or legal guardian.  Assesses the following:

• For a first violation, a maximum $75 civil penalty and extension of the restrictions for 30 days

• For a second violation, a maximum $100 civil penalty and an extension of the restrictions for 60 days

• For a third or subsequent violation, a maximum civil penalty of $100 and suspension of the individual’s driver license for 30 days.

Requires the court to dismiss a citation for violation of any restriction if a notarized letter from a parent or legal guardian is submitted as proof that a licensee was en route to or from a permitted event or that the minors in the vehicle were the siblings of the licensee or from an employer, school or religious official stating the licensee was returning from a permitted event in order for a citation to be dismissed. 

Applies to permits and licenses issued after June 30, 2008.

Statute(s) Impacted:  28-3153, 28-3154, 28-3156, 28-3174, 28-3321

Court Impact:  Courts that handle driver’s license violations involving teenagers should review this bill for detailed requirements and impact.

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