A.R.S. tit. 8 ch. 3 — Arizona Revised Statutes Title 8 Chapter 3 — Juvenile Offenders

8-301. Commencement of proceedings A proceeding under this chapter may be commenced by one of the following procedures: 1. By transfer of a case from another court as provided in section 8-302. 2. By the filing of a petition by the county attorney. 3. For an offense other than a felony, by the referral of a uniform Arizona traffic ticket and complaint form. 8-302. Transfer between juvenile and criminal courts A. If during the pendency of a criminal charge in any court of this state the court determines that the defendant is a juvenile who is not subject to prosecution as an adult pursuant to section 13-501, the court shall transfer the case to the juvenile court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case. On transfer, the court shall order that the defendant be taken to a place of detention designated by the juvenile court or to that court itself or shall release the juvenile to the custody of the juvenile's parent or guardian or any other person legally responsible for the juvenile. If the juvenile is released to the juvenile's parent or guardian or any other person legally responsible for the juvenile, the court shall require that the parent, guardian or other person bring the juvenile to appear before the juvenile court at a designated time. The juvenile court shall then proceed with all further proceedings as if a petition alleging delinquency had been filed with the juvenile court under section 8-301 on the effective date of the transfer. This subsection does not apply to a juvenile who is subject to prosecution pursuant to section 13-501 but who is convicted of an offense not listed in section 13-501. B. If during the pendency of a criminal charge in any court of this state the court determines that the defendant is a juvenile who is subject to prosecution as an adult pursuant to section 13-501, subsection B, on motion of the prosecutor the court shall transfer the case to the juvenile court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case. On transfer, the court shall order that the juvenile be taken to a place of detention designated by the juvenile court or to that court itself or shall release the juvenile to the custody of the juvenile's parent or guardian or any other person legally responsible for the juvenile. If the juvenile is released to the juvenile's parent or guardian or any other person legally responsible for the juvenile, the court shall require that the parent, guardian or other person bring the juvenile to appear before the juvenile court at a designated time. The juvenile court shall then proceed with all further proceedings as if a petition alleging delinquency had been filed with the juvenile court under section 8-301 on the effective date of the transfer. C. During the pendency of a delinquency action in any court of this state, on the motion of the prosecution and before the adjudication hearing, the court shall dismiss without prejudice any count in the petition charging an offense for which the juvenile is subject to prosecution as an adult pursuant to section 13-501 to allow criminal charges to be filed. D. If a juvenile reaches eighteen years of age during the pendency of a delinquency action or before completion of the sentence in any court in this state for an act that if committed by an adult would be a misdemeanor or petty offense or a civil traffic violation, the court shall transfer the case to the appropriate criminal court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case and any sentencing order. The appropriate criminal court shall then proceed with all further proceedings as if a uniform Arizona traffic ticket and complaint form or a complaint alleging a misdemeanor or petty offense or a civil traffic violation had been filed with the appropriate criminal court pursuant to section 13-3903 or the Arizona rules of criminal procedure, the rules of procedure in traffic cases or the rules of procedure in civil traffic violation cases. 8-303. Taking into temporary custody; interference; release; separate custody; violation; classification A. Except as provided in section 8-305, a juvenile taken into temporary custody shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained. B. A child shall be taken into temporary custody: 1. Pursuant to an order of the juvenile court. 2. Pursuant to a warrant issued according to the laws of arrest. C. A juvenile may be taken into temporary custody: 1. By a peace officer pursuant to the laws of arrest, without a warrant, if there are reasonable grounds to believe that the juvenile has committed a delinquent act or the child is incorrigible. 2. By a peace officer if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian. 3. By a private person as provided by section 13-3884. D. A peace officer shall take a juvenile into temporary custody pursuant to the laws of arrest, with or without a warrant, when there are reasonable grounds to believe that either: 1. The juvenile has committed a criminal act or a delinquent act which if committed by an adult could be a felony or breach of the peace. 2. The juvenile has been apprehended in commission of a criminal act or a delinquent act, which if committed by an adult would be a felony, or in fresh pursuit. E. A peace officer who takes a juvenile into temporary custody pursuant to subsection D of this section shall advise the juvenile before questioning of the juvenile's juvenile Miranda rights in language that is comprehensible to a juvenile and, as soon as is practicable, shall make a good faith effort to notify the juvenile's parents, guardian or custodian of the juvenile's custody, unless doing so would pose a risk to the juvenile. After making the custody notification, the peace officer shall also advise the juvenile's parents, guardian or custodian of the juvenile's juvenile Miranda rights. If the juvenile is a ward of this state, the peace officer shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody. F. If a peace officer takes a juvenile into temporary custody pursuant to subsection D of this section on school property, an employee of the school, after consultation with the investigating law enforcement agency to ensure that notification would not pose a risk to the juvenile or the investigation, shall immediately notify the juvenile's parents, guardian or custodian of the juvenile's custody. If the juvenile is a ward of this state, a school employee shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody. For the purposes of this subsection, "school" has the same meaning prescribed in section 15-101. G. A juvenile who is taken into temporary custody pursuant to subsection D of this section may be released from temporary custody only to the parents, guardian or custodian of the juvenile or to the juvenile court. H. A person who knowingly interferes with the taking of a juvenile into temporary custody under this section is guilty of a class 2 misdemeanor. I. In determining whether a child should be taken into custody under subsection C of this section, the peace officer or child safety worker may consider as a mitigating factor the participation of the parent, guardian or custodian in the healthy families program established by section 8-481. 8-304. Investigation of alleged acts of delinquency, dependency and incorrigibility A. The law enforcement officer having jurisdiction in the place in which an act of delinquency or incorrigibility is alleged to have occurred is responsible for the complete investigation surrounding the alleged commission of the act. B. A department investigator is responsible for the complete investigation of all complaints of alleged dependency, and a criminal conduct allegation shall be investigated in cooperation with the appropriate law enforcement agencies and according to the protocols established pursuant to section 8-817. The department shall be responsible for the disposition of such child unless the matter requires the intervention of the court. 8-305. Detention center; jail; separate custody; definition A. The county board of supervisors or the county jail district, if authorized pursuant to title 48, chapter 25, shall maintain a detention center that is separate and apart from a jail or lockup in which adults are confined and where juveniles who are alleged to be delinquent or children who are incorrigible and within the provisions of this article shall be detained when necessary before or after a hearing or as a condition of probation. A juvenile who is charged with an offense that is listed in section 13-501 may be detained in a juvenile detention center if the court orders the detention. The board may enter agreements with public or private entities to acquire land for, build, purchase, lease-purchase, lease or expand a detention center required by this section. B. The board of supervisors or the county jail district, if authorized pursuant to title 48, chapter 25, may provide for the detention of juveniles who are accused or convicted of a criminal offense in a jail or lockup in which adults are confined. A juvenile who is confined in a jail or lockup in which adults are confined shall be kept in a physically separate section from any adult who is charged with or convicted of a criminal offense, and no sight or sound contact between the juvenile and any charged or convicted adult is allowed, except to the extent authorized under federal laws or regulations. C. A juvenile, pending a juvenile hearing, shall not be confined with adults charged with or convicted of a crime, except that: 1. A juvenile who is accused of a criminal offense or who is alleged to be delinquent may be securely detained in such location for up to six hours until transportation to a juvenile detention center can be arranged if the juvenile is kept in a physically separate section from any adult who is charged with or convicted of a crime and no sight or sound contact between the juvenile and any charged or convicted adult is allowed, except to the extent authorized under federal laws or regulations. 2. A juvenile who is transferred as provided in section 8-327 to the criminal division of the superior court may be securely detained if the juvenile is kept in a physically separate section from any adult charged with or convicted of a crime, and no sight or sound contact with any charged or convicted adult is allowed, except to the extent authorized under federal laws or regulations. 3. A juvenile who is arrested for an offense listed in section 13-501 may be detained in a juvenile detention center until formally charged as an adult if the court orders the detention. After a juvenile has been formally charged as an adult the juvenile may be either of the following: (a) Detained in a juvenile detention center. (b) Securely detained in an adult facility if the juvenile is detained separately from any adult charged with or convicted of a crime, except to the extent authorized under federal laws or regulations. D. In determining whether to order that a juvenile who is charged with an offense that is listed in section 13-501 be detained in a juvenile detention center or an adult facility pursuant to subsection A or subsection C, paragraph 3, subdivision (a) of this section, the court shall consider all of the following: 1. The best interests of both the juvenile charged as an adult and the other juveniles detained in the juvenile detention center. 2. The juvenile's age. 3. The juvenile's physical and mental maturity. 4. The juvenile's present mental state, including whether the juvenile presents an imminent risk of harm to the juvenile. 5. The nature and circumstances of the alleged offense. 6. The juvenile's history of prior delinquent acts. 7. The relative ability of the available adult and juvenile detention facilities to meet the specific needs of the juvenile and to protect the safety of the public as well as other detained juveniles. 8. The existing programs and facilities for juveniles at both the juvenile detention center and the adult facility. 9. Any other factor relevant to the determination of where to detain the juvenile. E. The director of juvenile court services in the county in which the juvenile is detained may file a motion in the juvenile's criminal case that requests a juvenile who is charged with an offense listed in section 13-501 be transferred to an adult facility based on the juvenile's conduct while in detention. On the director's request for the juvenile's transfer, the court shall hold a hearing to consider the transfer. At the hearing, the court shall consider all of the factors listed in subsection D of this section. F. A child who is alleged to be delinquent or who is alleged to be incorrigible shall not be securely detained in a jail or lockup in which adults charged with or convicted of a crime are detained. A child may be nonsecurely detained if necessary to obtain the child's name, age, residence or other identifying information for up to six hours until arrangements for transportation to any shelter care facility, home or other appropriate place can be made. A child who is nonsecurely detained shall be detained separately from any adult charged with or convicted of a crime, and no sight or sound contact with any charged or convicted adult is permitted, except to the extent authorized under federal laws or regulations. G. Any detained juvenile or child who, by the juvenile's or child's conduct, endangers or evidences that the juvenile or child may endanger the safety of other detained children shall not be allowed to intermingle with any other juvenile or child in the detention center. H. Pursuant to section 8-322, the county board of supervisors, the county jail district board of directors or the administrative office of the courts on behalf of the juvenile court may enter into an agreement with public or private entities to provide the detention centers required by subsection A of this section. I. For the purposes of this section, "juvenile" includes a person who is under the jurisdiction of the juvenile court pursuant to section 8-202, subsection H. 8-306. Supervision and inspection of juvenile detention center and shelter care facilities A. The presiding judge of the juvenile court shall supervise the juvenile detention center and may appoint a person of good moral character to operate and manage the detention center. B. The department of juvenile corrections shall inspect the detention centers of each county semiannually and within ten working days after each inspection shall make a written report to the presiding judge of the juvenile court of the condition and operation of the detention center, together with such recommendations as it deems advisable, and a copy of such report shall be filed with the county board of supervisors. 8-307. Delinquency hearings; required attendance of cited child; referring to youth service bureau; notification of parents A. Notwithstanding any other provision of law to the contrary, any child, ten years of age or older, against whom a complaint has been filed citing the commission of a delinquent act shall appear at the juvenile court at a time certain set by the juvenile court. When the offense alleged is a misdemeanor other than assault or battery and is the child's first offense according to juvenile court records, the juvenile court may, in its sole discretion, refer the child to a youth service bureau or similar counseling program or make the complaint a matter of record in lieu of the child appearing at the juvenile court. B. The law enforcement agency making the complaint shall immediately notify the parents, guardian or custodian of the child that the complaint is being sent to the juvenile court. Failure to make such notification shall not bar any proceeding in any court. 8-308. Required attendance of parent, legal guardian or custodian in court; contempt A. The parent, legal guardian or custodian of a juvenile or child against whom a petition has been filed alleging the commission of a delinquent or incorrigible act shall be served with a notice to appear and shall appear with the juvenile or child at the juvenile court at the time set by the juvenile court. Upon a showing of good cause that the parent, guardian, or custodian cannot appear on the date and time set by the court, the court may waive the requirement that the parent, guardian or custodian appear. The court shall state on the record the reasons for waiving the requirement that the parent, guardian or custodian appear. Failure of a parent, guardian or custodian to appear shall not bar further proceedings by the court. B. If a parent, legal guardian or custodian fails to appear with the juvenile or child in juvenile court, and good cause for the failure to appear is not found as provided in subsection A of this section, the court shall issue an order to show cause to the parent, legal guardian or custodian as to why that person shall not be held in contempt. 8-309. Unlawful use of an electronic communication device by a minor; classification; definitions A. It is unlawful for a juvenile to intentionally or knowingly use an electronic communication device to transmit or display a visual depiction of a minor that depicts explicit sexual material. B. It is unlawful for a juvenile to intentionally or knowingly possess a visual depiction of a minor that depicts explicit sexual material and that was transmitted to the juvenile through the use of an electronic communication device. C. It is not a violation of subsection B of this section if all of the following apply: 1. The juvenile did not solicit the visual depiction. 2. The juvenile took reasonable steps to destroy or eliminate the visual depiction or report the visual depiction to the juvenile's parent, guardian, school official or law enforcement official. D. A violation of subsection A of this section is a petty offense if the juvenile transmits or displays the visual depiction to one other person. A violation of subsection A of this section is a class 3 misdemeanor if the juvenile transmits or displays the visual depiction to more than one other person. E. A violation of subsection B of this section is a petty offense. F. Any violation of this section that occurs after adjudication for a prior violation of this section or after completion of a diversion program as a result of a referral or petition charging a violation of this section is a class 2 misdemeanor. G. For the purposes of this section: 1. "Electronic communication device" has the same meaning prescribed in section 13-3560. 2. "Explicit sexual material" means material that depicts human genitalia or that depicts nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse as defined in section 13-3501. 3. "Visual depiction" has the same meaning prescribed in section 13-3551. 8-321. Referrals; diversions; conditions; community based alternative programs A. Except as provided in subsection B of this section, before a petition is filed or an admission or adjudication hearing is held, the county attorney may divert the prosecution of a juvenile who is accused of committing a delinquent act or a child who is accused of committing an incorrigible act to a community based alternative program or to a diversion program administered by the juvenile court. B. A juvenile is not eligible for diversion if any of the following applies: 1. The juvenile committed a dangerous offense as defined in section 13-105. 2. The juvenile is a chronic felony offender as defined in section 13-501. 3. The juvenile committed an offense that is listed in section 13-501. 4. The juvenile is alleged to have committed a violation of section 28-1381, 28-1382 or 28-1383. 5. The juvenile is alleged to have committed an offense involving the purchase, possession or consumption of spirituous liquor or a violation of title 13, chapter 34 and the juvenile has previously participated in a community based alternative program or a diversion program administered by the juvenile court at least two times within twenty-four months before the date of the commission of the alleged offense. C. Except as provided in section 8-323, the county attorney has sole discretion to decide whether to divert or defer prosecution of a juvenile offender. The county attorney may designate the offenses that shall be retained by the juvenile court for diversion or that shall be referred directly to a community based alternative program that is authorized by the county attorney. D. The county attorney or the juvenile court in cooperation with the county attorney may establish community based alternative programs. E. Except for offenses that the county attorney designates as eligible for diversion or referral to a community based alternative program, on receipt of a referral alleging the commission of an offense, the juvenile probation officer shall submit the referral to the county attorney to determine if a petition should be filed. F. If the county attorney diverts the prosecution of a juvenile to the juvenile court, the juvenile probation officer shall conduct a personal interview with the alleged juvenile offender. At least one of the juvenile's parents or guardians shall attend the interview. The probation officer may waive the requirement for the attendance of the parent or guardian for good cause. If the juvenile acknowledges responsibility for the delinquent or incorrigible act, the juvenile probation officer shall require that the juvenile comply with one or more of the following conditions: 1. Participation in unpaid community restitution work. 2. Participation in a counseling program that is approved by the court and that is designed to strengthen family relationships and to prevent repetitive juvenile delinquency. 3. Participation in an education program that is approved by the court and that has as its goal the prevention of further delinquent behavior. 4. Participation in an education program that is approved by the court and that is designed to deal with ancillary problems experienced by the juvenile, such as alcohol or drug abuse. 5. Participation in a nonresidential program of rehabilitation or supervision that is offered by the court or offered by a community youth serving agency and that is approved by the court. 6. At the juvenile's option, participation in a religious program that is approved by the court. This option may be substituted for one of the other conditions outlined in this subsection. The juvenile's participation in a religious program must be voluntary, and the purpose of the program may not include any effort to coerce the juvenile to adopt or change any religious affiliation or beliefs. 7. Payment of restitution to the victim of the delinquent act. 8. Payment of a monetary assessment that may be satisfied through community restitution. The court shall credit any community restitution performed at a rate that is equal to the minimum wage prescribed by section 23-363, subsections A and B, rounded up to the nearest dollar. G. If the juvenile successfully complies with the conditions set forth by the probation officer, the county attorney shall not file a petition in juvenile court and the program's resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment. H. In order to participate in a community based alternative program the juvenile who is referred to a program shall admit responsibility for the essential elements of the accusation and shall cooperate with the program in all of its proceedings. I. All of the following apply to each community based alternative program that is established pursuant to this section: 1. The juvenile's participation is voluntary. 2. The victim's participation is voluntary. 3. The community based alternative program shall ensure that the victim, the juvenile's parent or guardian and any other persons who are directly affected by an offense have the right to participate. 4. The participants shall agree to the consequences imposed on the juvenile or the juvenile's parent or guardian. 5. The meetings and records shall be open to the public. J. After holding a meeting the participants in the community based alternative program may agree on any legally reasonable consequences that the participants determine are necessary to fully and fairly resolve the matter except confinement or monetary sanctions or fines that exceed $250. K. The participants shall determine consequences within thirty days after referral to the community based alternative program, and the juvenile shall complete the consequences within ninety days after the matter is referred to the community based alternative program. The county attorney or the juvenile probation officer may extend the time in which to complete the consequences for good cause. If the community based alternative program involves a school, the deadlines for determination and completion of consequences shall be thirty and ninety school days, respectively. L. The community based alternative program, the juvenile, the juvenile's parent or guardian and the victim may sign a written contract in which the parties agree to the program's resolution of the matter and in which the juvenile's parent or guardian agrees to ensure that the juvenile complies with the contract. M. If the juvenile successfully completes the consequences, the county attorney shall not file a petition in juvenile court and the program's resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment. N. The county attorney or juvenile court may not assess or require the juvenile or the juvenile's parent or guardian to pay a fee or the cost for a community based alternative program or diversion program that is authorized by this section. O. The supreme court shall annually establish an average cost per juvenile for providing diversion services in each county, based on the monies appropriated for diversion pursuant to section 8-322, excluding the cost of juvenile intake services provided by the juvenile court, and the number of juveniles diverted the previous year. On the county attorney's certification to the supreme court of the number of juveniles diverted to a county attorney community based alternative program each quarter, the annual average cost per juvenile for each juvenile diverted shall be reimbursed to the county attorney juvenile diversion fund established by section 11-537 out of monies appropriated to the supreme court for diversion programs. P. If the juvenile does not acknowledge responsibility for the offense, or fails to comply with the consequences set by the community based alternative program, the case shall be submitted to the county attorney for review. The payment of a monetary assessment may not be used as a condition for the juvenile to comply with the consequences set by the community based alternative program. Q. After reviewing a referral, if the county attorney declines prosecution, the county attorney may return the case to the juvenile probation department for further action as provided in subsection F of this section. R. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering an expense that is related to the juvenile's treatment or care. 8-322. Juvenile probation services fund; program and contract requirements A. The juvenile probation services fund is established. The supreme court shall administer the fund. Monies in the juvenile probation services fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. B. The supreme court shall allocate monies in the fund or appropriated to the superior court's juvenile probation services fund line based on its determination of the need for and probable effectiveness of each plan submitted pursuant to this article. The supreme court shall require that the presiding juvenile court judge submit in accordance with rules of the supreme court a plan for the expenditure of monies that are allocated to the juvenile court pursuant to this section. The supreme court may reject a plan or a modification of a plan that is submitted pursuant to this subsection. C. Monies in the fund shall be used to fund programs, the participation in which a juvenile probation officer or community based alternative program administered by the juvenile court has required as a condition of diversion pursuant to section 8-321. Monies shall also be used to fund programs to reduce the number of repetitive juvenile offenders and to provide services for juveniles who are on probation, including treatment, testing, independent living programs and residential, foster and shelter care, and for children who are referred to the juvenile court for incorrigibility or delinquency offenses. Monies may be used to provide the cost of care for persons who are under twenty-one years of age and who were placed in an independent living program or in foster care before eighteen years of age, who voluntarily remain in care and who are currently enrolled in and regularly attending any high school or certificate of equivalency program. Pursuant to section 8-341, subsection I, monies may also be used to provide services for persons who are under twenty-one years of age and who voluntarily participate in treatment. Except pursuant to section 8-341, subsection I, the cost of care shall not be continued for a person who has received a high school diploma or certificate of equivalency. The supreme court shall approve these services. The juvenile court may develop and staff such programs, or the supreme court may enter into the purchase of service contracts with community youth serving agencies. D. The administrative office of the courts may use monies appropriated to the fund for the purchase of detention facilities, to expand existing detention centers or to contract with private and public entities to expand or operate secure care facilities. E. Monies in the fund may be used to obtain, operate and maintain a state-approved case management system that serves persons placed on probation or juveniles referred to the juvenile court. F. All monies that are distributed or expended from the fund shall be used to supplement, not supplant, funding to the juvenile court by the county. G. The supreme court shall contract for a periodic evaluation to determine if the provisions of this article reduce the number of repetitive juvenile offenders. The supreme court shall send a copy of the evaluation to the speaker of the house of representatives, the president of the senate and the governor. H. A contract that is entered into between the supreme court or the county attorney and any contract provider to provide services pursuant to section 8-321 or this section to juveniles shall provide that, as a condition of employment, personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have valid fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within seven working days of employment. I. The contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel. J. A service contract or license with any contract provider that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections M and N of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections M and N of this section in this state or of acts committed in another jurisdiction that would be offenses in this state or if the person does not possess or is denied issuance of a valid fingerprint clearance card. K. A contract provider may avoid cancellation or termination of the contract or license under subsection J of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections M and N of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.03, subsection B is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing contact with juveniles. L. A contract provider may avoid cancellation or termination of the contract or license under subsection J of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections M and N of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.03, subsection C is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing the person to provide direct services to juveniles unless the person is granted a good cause exception pursuant to section 41-619.55. M. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section 41-1758.03, subsections B and C in this state or similar offenses in another state or jurisdiction. N. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse. O. Federally recognized Indian tribes or military bases may submit and the supreme court shall accept certifications that state that personnel who are employed or who will be employed during the contract term and who provide services directly to juveniles have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection M of this section. P. Adult clients of a contract provider who are receiving treatment services are exempt from the requirements of this section, unless they provide services directly to juveniles without supervision. Q. Volunteers who provide services to juveniles under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section. R. The contracting agency shall notify the department of public safety if the contracting agency receives credible evidence that a person who possesses a valid fingerprint clearance card either: 1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B. 2. Falsified information on the form required by subsection M of this section. 8-323. Juvenile hearing officer; appointment; term; compensation; hearings; required attendance; contempt A. The judge of the juvenile court, or in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court, may appoint one or more persons of suitable experience who may be magistrates or justices of the peace to serve as juvenile hearing officers on a full-time or part-time basis. The county board of supervisors shall approve the appointment of justices of the peace as juvenile hearing officers. The local governing body shall approve the appointment of municipal judges as juvenile hearing officers. The juvenile hearing officer serves at the pleasure of the appointing judge. The appointing judge, with the approval of the board of supervisors, shall determine whether any compensation shall be paid to a juvenile hearing officer who is not otherwise employed by a public agency or holding another public office and shall establish the amounts and rates of the compensation. B. Subject to the orders of the juvenile court a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate and dispose of all cases that are not classified as felonies and in which a juvenile who is under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following: 1. Any provision of title 28 not declared to be a felony. 2. The purchase, possession or consumption of spirituous liquor by a juvenile. 3. Boating or game and fish. 4. Curfew. 5. Truancy. 6. The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti. 7. The purchase or possession of tobacco. 8. Any city, town or political subdivision ordinance. 9. Interference with judicial proceedings involving disobeying or resisting the lawful order, process or other mandate of a juvenile hearing officer or failure to appear related to any offense in this section. 10. A civil violation involving the possession and personal use of marijuana, marijuana products and marijuana paraphernalia. C. A hearing before the juvenile hearing officer or a hearing before a commissioner or a judge of the juvenile court in which the juvenile is charged with any offense set forth in this section may be conducted on an exact legible copy of a written notice to appear, including a uniform Arizona traffic ticket and complaint form, that states, at a minimum, the name and address of the juvenile, the offense charged and the time and place the juvenile shall appear in court. D. The juvenile hearing officer, commissioner or judge of the superior court shall not dispose of a petition or citation for any offense under this section unless the parent, guardian or custodian of the juvenile appears in court with the juvenile at the time of disposition of the charge. On a showing of good cause that the parent, guardian or custodian cannot appear on the date and time set by the court, the court may waive the requirement that the parent, guardian or custodian appear. The court shall state on the record the reasons for waiving the requirement that the parent, guardian or custodian appear. At the time the court issues an order to appear or other order pursuant to this section, the court shall inform the juvenile that failure to appear or failure to comply with an order will result in suspension of the juvenile's driver license or privilege to drive. If the juvenile fails to appear pursuant to a citation or an order to appear properly issued under this section or if on disposition fails to comply with any court order, the juvenile hearing officer shall order the department of transportation to suspend the juvenile's driver license or privilege to drive or shall direct the department of transportation to refuse to issue, renew or restore the juvenile's driver license or privilege to drive until the juvenile reaches eighteen years of age or appears in court as directed or complies with the court's order. E. If a parent, guardian or custodian fails to appear with the juvenile, and good cause for the failure to appear is not found as provided in subsection D of this section, the court shall issue an order to show cause to the parent, guardian or custodian as to why that person shall not be held in contempt. F. Except as otherwise provided by law, on an admission by the juvenile of a violation charged pursuant to this section, or after a hearing, on the finding that the juvenile committed the violation, the juvenile hearing officer, commissioner or judge of the superior court may do one or more of the following: 1. Place the juvenile on probation, except that a city magistrate or justice of the peace may only place the juvenile on unsupervised probation. 2. Transfer the citation to the juvenile court for all further proceedings. 3. Suspend the driving privileges of the juvenile, or restrict the juvenile's driving privileges for a period of not to exceed one hundred eighty days. 4. Order the juvenile to attend a traffic school or a counseling or education program approved by the presiding judge of the juvenile court or the supreme court. 5. Order the juvenile to pay the monetary assessment or penalty that is applicable to the offense. Except as provided in section 8-341, subsection N, the monetary assessment or penalty shall not exceed $500 payable to the public agency processing the violation. If no monetary assessment or penalty is specified for the offense, the juvenile hearing officer, commissioner or judge of the superior court may order the juvenile to pay not more than $150 payable to the public agency processing the violation. 6. In lieu of a monetary assessment or penalty, order the juvenile to perform a program of work that does not conflict with the juvenile's regular schooling and employment, to repair the victim's property or to provide community restitution. 7. If the juvenile hearing officer, commissioner or judge of the superior court determines that the person charged is eighteen or more years of age, transfer the matter to the appropriate criminal court having jurisdiction. 8. If the juvenile violated any truancy laws, require the juvenile and the juvenile's parents or guardians to participate in a specialized program consisting of counseling, supervision and education under the terms and conditions the juvenile hearing officer, commissioner or judge of the superior court orders. 9. Order the juvenile and one or both of the juvenile's custodial parents to pay restitution to any person who suffered an economic loss as the result of the juvenile's conduct. The juvenile hearing officer, commissioner or judge of the superior court shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order. If the juvenile hearing officer, commissioner or judge of the superior court orders one or both of the juvenile's custodial parents to pay restitution, the amount of the order shall not exceed the liability limit established pursuant to section 12-661. 10. Impose sanctions authorized by section 8-343. 11. Reprimand the juvenile and take no further action. 12. Notwithstanding paragraph 5 of this subsection, if the juvenile committed a violation included in title 28 that is not declared to be a felony, order the juvenile to pay lawful surcharges, fines, civil penalties and assessments. G. A record of the proceedings before a juvenile hearing officer may be made by a court reporter, videotape or audiotape or any other method approved by the supreme court that accurately reproduces what occurred at the proceeding. H. Within five days after receiving the citation, the juvenile hearing officer shall notify the juvenile court that the juvenile has been charged with an offense by citation and shall indicate the listed charges. The juvenile hearing officer shall retain jurisdiction of the case until all orders made under this section have been fully complied with. Within five days after disposition, the juvenile hearing officer shall transmit a copy of the citation with the findings and disposition of the court noted on the copy to the juvenile court for record keeping purposes. If appropriate, the juvenile hearing officer shall transmit a copy of the citation to the department of transportation. If on disposition the juvenile fails to comply with any court order, the juvenile hearing officer, in the manner provided by subsection D of this section, may impose any of the sanctions prescribed in subsection F of this section. I. Subject to an appeal pursuant to section 8-325 all orders of the juvenile hearing officer shall be effective immediately. J. A city or town attorney or prosecutor shall act on behalf of the state in matters that are heard in a municipal court by a juvenile hearing officer pursuant to this section. In these matters and on approval of the county attorney, with notice to the presiding judge of the juvenile court, the city or town attorney or the prosecutor may establish diversion programs for offenses other than offenses involving either: 1. A violation of section 28-1381, 28-1382 or 28-1383. 2. The purchase, possession or consumption of spirituous liquor or misdemeanor violations under title 13, chapter 34 if the juvenile has previously participated in a diversion program established pursuant to this subsection at least two times within twenty-four months before the date of the commission of the current offense. 8-325. Appeal from an order of a juvenile hearing officer; procedures A. An appeal from an order entered by the juvenile hearing officer is perfected by filing a notice of appeal. B. Immediately after an order of disposition the juvenile hearing officer shall advise the juvenile that a right to appeal exists, the applicable time limit and the location and manner of filing the notice of appeal. C. A juvenile shall file the written notice of appeal with the court issuing the order within ten days after the date on which the juvenile hearing officer delivered or mailed to the juvenile a copy of the court's disposition of the case and the notice of the right to appeal. D. An appeal shall be on the record if a record has been made. The juvenile court may review the condition of the record. If the juvenile court determines that the record is insufficient or not in proper condition to enable the court to determine the issues on appeal, a trial de novo shall be granted. E. The appeal of an order of a juvenile hearing officer to the juvenile court shall be processed pursuant to the rules of procedure in civil traffic violation cases. 8-326. County attorney A. The county attorney shall: 1. Direct the investigation the county attorney deems necessary of acts of alleged delinquent behavior. 2. File petitions alleging delinquent behavior with the juvenile court as the county attorney deems necessary in the public interest. 3. Except pursuant to section 8-323, attend the juvenile court within the county attorney's county and conduct on behalf of the state all contested hearings that involve allegations of delinquent acts or incorrigibility. B. The county attorney may establish and administer the activities of community based alternative programs. 8-327. Transfer hearing A. The state may request an order of the juvenile court transferring jurisdiction of the criminal prosecution of any felony filed in the juvenile court to the criminal division of the superior court. B. On request of the state that a juvenile be transferred, the court shall hold a transfer hearing before the adjudication hearing. C. If the judge finds by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense and that the public safety would best be served by the transfer of the juvenile for criminal prosecution, the judge shall order that the juvenile be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense. The judge shall state on the record the reasons for transferring or not transferring the juvenile for criminal prosecution. D. The court shall consider the following factors in determining if the public safety would be served by the transfer of a juvenile for criminal prosecution: 1. The seriousness of the offense involved. 2. The record and previous history of the juvenile, including previous contacts with the courts and law enforcement, previous periods of any court ordered probation and the results of that probation. 3. Any previous commitments of the juvenile to juvenile residential placements and secure institutions. 4. If the juvenile was previously committed to the department of juvenile corrections for a felony offense. 5. If the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections. 6. If the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise. 7. The views of the victim of the offense. 8. If the degree of the juvenile's participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution. 9. The juvenile's mental and emotional condition. 10. The likelihood of the juvenile's reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court. E. At the conclusion of the transfer hearing, the court shall make a written determination whether the juvenile should be transferred to the criminal division of the superior court for criminal prosecution. The court shall not defer the decision as to the transfer. If the court determines that the juvenile should not be transferred to the criminal division of the superior court, the court shall set an adjudication hearing. 8-328. Juvenile diversion programs; reporting A. A city or town attorney or prosecutor or a law enforcement agency shall not establish or conduct a diversion program or community based alternative program for juvenile offenders unless the program is authorized by the county attorney and notice is provided to the presiding judge of the juvenile court. B. Beginning January 1, 2011, a city or town attorney or prosecutor or a law enforcement agency that establishes or conducts a diversion program or community based alternative program shall report the citation number, name and date of birth of each juvenile who participates in a diversion program or community based alternative program to the juvenile court in a format approved by the presiding judge of the juvenile court. 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. (c) To a reputable citizen of good moral character, subject to the supervision of a probation department. (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. (c) To a reputable citizen of good moral character, subject to the supervision of a probation department. (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 or until the juvenile's nineteenth birthday if jurisdiction is retained pursuant to section 8-202, subsection H, 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 may not use the juvenile's failure to pay fees, costs or fines as a reason to continue 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. C. If a juvenile is adjudicated as a first time felony juvenile offender, the court shall provide the following written notice to the juvenile: This is your first felony offense. If you commit another felony offense and you are fourteen years of age or older, any of the following could happen to you: 1. You could be tried as an adult in adult criminal court. 2. You could be committed to the department of juvenile corrections. 3. You could be placed on juvenile intensive probation, which could include incarceration in a juvenile detention center. D. If a juvenile is fourteen years of age or older and is adjudicated as a repeat felony juvenile offender, unless the court determines based on the severity of the offense and a risk assessment that juvenile intensive probation services are not required, the juvenile court shall place the juvenile on juvenile intensive probation, which may include incarceration 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. E. If the juvenile is adjudicated as a repeat felony juvenile offender, the court shall provide the following written notice to the juvenile: You are now a repeat felony offender. This means: 1. You will be tried as an adult in adult criminal court if you commit another felony offense and you are fifteen years of age or older. 2. You could be tried as an adult in adult criminal court if you commit another felony offense when you are at least fourteen years of age. 3. You could be incarcerated in the state department of corrections if you are convicted as an adult in adult criminal court. 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 allowed. G. 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. H. Written notice of the release of any juvenile pursuant to subsection G 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. I. 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. J. 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. K. If a juvenile has been adjudicated delinquent for an offense that if committed by an adult would be an offense