8-341

8-341. Disposition and commitment;
definitions

A. After receiving and considering the evidence on the proper disposition of the
case, the court may enter judgment as follows:

1. It may award a delinquent juvenile:

(a) To the care of the juvenile's parents, subject to the supervision of a
probation department.

(b) To a probation department, subject to any conditions the court may impose,
including a period of incarceration in a juvenile detention center of not more than one
year.

(d) To a private agency or institution, subject to the supervision of a probation
officer.

(e) To the department of juvenile corrections.

(f) To maternal or paternal relatives, subject to the supervision of a probation
department.

(g) To an appropriate official of a foreign country of which the juvenile is a
foreign national who is unaccompanied by a parent or guardian in this state to remain on
unsupervised probation for at least one year on the condition that the juvenile cooperate
with that official.

2. It may award an incorrigible child:

(a) To the care of the child's parents, subject to the supervision of a probation
department.

(b) To the protective supervision of a probation department, subject to any
conditions the court may impose.

(d) To a public or private agency, subject to the supervision of a probation
department.

(e) To maternal or paternal relatives, subject to the supervision of a probation
department.

B. If a juvenile is placed on probation pursuant to this section, the period of
probation may continue until the juvenile's eighteenth birthday, except that the term of
probation shall not exceed one year if all of the following apply:

1. The juvenile is not charged with a subsequent offense.

2. The juvenile has not been found in violation of a condition of probation.

3. The court has not made a determination that it is in the best interests of the
juvenile or the public to require continued supervision. The court shall state by minute
entry or written order its reasons for finding that continued supervision is required.

4. The offense for which the juvenile is placed on probation does not involve a
dangerous offense as defined in section 13-105.

5. The offense for which the juvenile is placed on probation does not involve a
violation of title 13, chapter 14 or 35.1.

6. Restitution ordered pursuant to section 8-344 has been made.

7. The juvenile's parents have not requested that the court continue the juvenile's
probation for more than one year.

C. If a juvenile is adjudicated as a first time felony juvenile offender, the court
shall provide the following written notice to the juvenile:

You have been adjudicated a first time felony juvenile offender. You are
now on notice that if you are adjudicated of another offense that would be a
felony offense if committed by an adult and if you commit the other offense
when you are fourteen years of age or older, you will be placed on juvenile
intensive probation, which may include home arrest and electronic monitoring,
or you may be placed on juvenile intensive probation and may be incarcerated
for a period of time in a juvenile detention center, or you may be committed
to the department of juvenile corrections or you may be prosecuted as an
adult. If you are convicted as an adult of a felony offense and you commit any
other offense, you will be prosecuted as an adult.

D. If a juvenile is fourteen years of age or older and is adjudicated as a repeat
felony juvenile offender, the juvenile court shall place the juvenile on juvenile
intensive probation, which may include home arrest and electronic monitoring, may place
the juvenile on juvenile intensive probation, which may include incarceration for a
period of time in a juvenile detention center, or may commit the juvenile to the
department of juvenile corrections pursuant to subsection A, paragraph 1, subdivision (e)
of this section for a significant period of time.

E. If the juvenile is adjudicated as a repeat felony juvenile offender, the court
shall provide the following written notice to the juvenile:

You have been adjudicated a repeat felony juvenile offender. You are now
on notice that if you are arrested for another offense that would be a felony
offense if committed by an adult and if you commit the other offense when you
are fifteen years of age or older, you will be tried as an adult in the
criminal division of the superior court. If you commit the other offense when
you are fourteen years of age or older, you may be tried as an adult in the
criminal division of the superior court. If you are convicted as an adult, you
will be sentenced to a term of incarceration. If you are convicted as an adult
of a felony offense and you commit any other offense, you will be prosecuted
as an adult.

F. The failure or inability of the court to provide the notices required under
subsections C and E of this section does not preclude the use of the prior adjudications
for any purpose otherwise permitted.

G. Except as provided in subsection S of this section, after considering the nature
of the offense and the age, physical and mental condition and earning capacity of the
juvenile, the court shall order the juvenile to pay a reasonable monetary assessment if
the court determines that an assessment is in aid of rehabilitation. If the director of
the department of juvenile corrections determines that enforcement of an order for
monetary assessment as a term and condition of conditional liberty is not cost-effective,
the director may require the youth to perform an equivalent amount of community
restitution in lieu of the payment ordered as a condition of conditional liberty.

H. If a child is adjudicated incorrigible, the court may impose a monetary
assessment on the child of not more than one hundred fifty dollars.

I. A juvenile who is charged with unlawful purchase, possession or consumption of
spirituous liquor is subject to section 8-323. The monetary assessment for a conviction
of unlawful purchase, possession or consumption of spirituous liquor by a juvenile shall
not exceed five hundred dollars. The court of competent jurisdiction may order a monetary
assessment or equivalent community restitution.

J. The court shall require the monetary assessment imposed under subsection G or H
of this section on a juvenile who is not committed to the department of juvenile
corrections to be satisfied in one or both of the following forms:

1. Monetary reimbursement by the juvenile in a lump sum or installment payments
through the clerk of the superior court for appropriate distribution.

2. A program of work, not in conflict with regular schooling, to repair damage to
the victim's property, to provide community restitution or to provide the juvenile with a
job for wages. The court order for restitution or monetary assessment shall specify,
according to the dispositional program, the amount of reimbursement and the portion of
wages of either existing or provided work that is to be credited toward satisfaction of
the restitution or assessment, or the nature of the work to be performed and the number
of hours to be spent working. The number of hours to be spent working shall be set by the
court based on the severity of the offense but shall not be less than sixteen hours.

K. If a juvenile is committed to the department of juvenile corrections, the court
shall specify the amount of the monetary assessment imposed pursuant to subsection G or H
of this section.

L. After considering the length of stay guidelines developed pursuant to section
41-2816, subsection C, the court may set forth in the order of commitment the minimum
period during which the juvenile shall remain in secure care while in the custody of the
department of juvenile corrections. When the court awards a juvenile to the department of
juvenile corrections or an institution or agency, it shall transmit with the order of
commitment copies of a diagnostic psychological evaluation and educational assessment if
one has been administered, copies of the case report, all other psychological and medical
reports, restitution orders, any request for postadjudication notice that has been
submitted by a victim and any other documents or records pertaining to the case requested
by the department of juvenile corrections or an institution or agency. The department
shall not release a juvenile from secure care before the juvenile completes the length of
stay determined by the court in the commitment order unless the county attorney in the
county from which the juvenile was committed requests the committing court to reduce the
length of stay. The department may temporarily escort the juvenile from secure care
pursuant to section 41-2804, may release the juvenile from secure care without a further
court order after the juvenile completes the length of stay determined by the court or
may retain the juvenile in secure care for any period subsequent to the completion of the
length of stay in accordance with the law.

M. Written notice of the release of any juvenile pursuant to subsection L of this
section shall be made to any victim requesting notice, the juvenile court that committed
the juvenile and the county attorney of the county from which the juvenile was committed.

N. Notwithstanding any law to the contrary, if a person is under the supervision of
the court as an adjudicated delinquent juvenile at the time the person reaches eighteen
years of age, treatment services may be provided until the person reaches twenty-one
years of age if the court, the person and the state agree to the provision of the
treatment and a motion to transfer the person pursuant to section 8-327 has not been
filed or has been withdrawn. The court may terminate the provision of treatment services
after the person reaches eighteen years of age if the court determines that any of the
following applies:

1. The person is not progressing toward treatment goals.

2. The person terminates treatment.

3. The person commits a new offense after reaching eighteen years of age.

4. Continued treatment is not required or is not in the best interests of the state
or the person.

O. On the request of a victim of an act that may have involved significant exposure
as defined in section 13-1415 or that if committed by an adult would be a sexual offense,
the prosecuting attorney shall petition the adjudicating court to require that the
juvenile be tested for the presence of the human immunodeficiency virus. If the victim is
a minor the prosecuting attorney shall file this petition at the request of the victim's
parent or guardian. If the act committed against a victim is an act that if committed by
an adult would be a sexual offense or the court determines that sufficient evidence
exists to indicate that significant exposure occurred, it shall order the department of
juvenile corrections or the department of health services to test the juvenile pursuant
to section 13-1415. Notwithstanding any law to the contrary, the department of juvenile
corrections and the department of health services shall release the test results only to
the victim, the delinquent juvenile, the delinquent juvenile's parent or guardian and a
minor victim's parent or guardian and shall counsel them regarding the meaning and health
implications of the results.

P. If a juvenile has been adjudicated delinquent for an offense that if committed
by an adult would be a felony, the court shall provide the department of public safety
Arizona automated fingerprint identification system established in section 41-2411 with
the juvenile's fingerprints, personal identification data and other pertinent
information. If a juvenile has been committed to the department of juvenile corrections
the department shall provide the fingerprints and information required by this subsection
to the Arizona automated fingerprint identification system. If the juvenile's
fingerprints and information have been previously submitted to the Arizona automated
fingerprint identification system the information is not required to be resubmitted.

Q. Access to fingerprint records submitted pursuant to subsection P of this section
shall be limited to the administration of criminal justice as defined in section 41-1750.
Dissemination of fingerprint information shall be limited to the name of the juvenile,
juvenile case number, date of adjudication and court of adjudication.

R. If a juvenile is adjudicated delinquent for an offense that if committed by an
adult would be a misdemeanor, the court may prohibit the juvenile from carrying or
possessing a firearm while the juvenile is under the jurisdiction of the department of
juvenile corrections or the juvenile court.

S. If a juvenile is adjudicated delinquent for a violation of section 13-1602,
subsection A, paragraph 5, the court shall order the juvenile to pay a fine of at least
three hundred dollars but not more than one thousand dollars. Any restitution ordered
shall be paid in accordance with section 13-809, subsection A. The court may order the
juvenile to perform community restitution in lieu of the payment for all or part of the
fine if it is in the best interests of the juvenile. The amount of community restitution
shall be equivalent to the amount of the fine by crediting any service performed at a
rate of ten dollars per hour. If the juvenile is convicted of a second or subsequent
violation of section 13-1602, subsection A, paragraph 5 and is ordered to perform
community restitution, the court may order the parent or guardian of the juvenile to
assist the juvenile in the performance of the community restitution if both of the
following apply:

1. The parent or guardian had knowledge that the juvenile intended to engage in or
was engaging in the conduct that gave rise to the violation.

2. The parent or guardian knowingly provided the juvenile with the means to engage
in the conduct that gave rise to the violation.

T. If a juvenile is adjudicated delinquent for an offense involving the purchase,
possession or consumption of spirituous liquor or a violation of title 13, chapter 34 and
is placed on juvenile probation, the court may order the juvenile to submit to random
drug and alcohol testing at least two times per week as a condition of probation.

U. A juvenile who is adjudicated delinquent for an offense involving the purchase,
possession or consumption of spirituous liquor or a violation of title 13, chapter 34,
who is placed on juvenile probation and who is found to have consumed any spirituous
liquor or to have used any drug listed in section 13-3401 while on probation is in
violation of the juvenile's probation. A juvenile who commits a third or subsequent
violation of a condition of probation as prescribed by this subsection shall be brought
before the juvenile court and, if the allegations are proven, the court shall either
revoke probation and hold a disposition hearing pursuant to this section or select
additional conditions of probation as it deems necessary, including detention, global
position system monitoring, additional alcohol or drug treatment, community restitution,
additional drug or alcohol testing or a monetary assessment.

V. For the purposes of this section:

1. "First time felony juvenile offender" means a juvenile who is adjudicated
delinquent for an offense that would be a felony offense if committed by an adult.

2. "Repeat felony juvenile offender" means a juvenile to whom both of the following
apply:

(a) Is adjudicated delinquent for an offense that would be a felony offense if
committed by an adult.

(b) Previously has been adjudicated a first time felony juvenile offender.

3. "Sexual offense" means oral sexual contact, sexual contact or sexual intercourse
as defined in section 13-1401.