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Rule 227. Post Transfer

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: August 24, 2023

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part II. Delinquency
2. Delinquency Proceedings
Effective: August 24, 2023
17B A.R.S. Juv.Ct.Rules of Proc., Rule 227
Formerly cited as AZ ST JUV CT Rule 35
Rule 227. Post Transfer
(a) Court Actions. Once the judicial officer finds that the juvenile should be transferred to the criminal division of the superior court, the juvenile court must:
(1) Hold to Answer. Designate the counts of the criminal complaint on which the juvenile will be held to answer in the criminal division and order that no preliminary hearing or grand jury occur.
(2) Amendments. Order that the complaint must not be amended to add additional or different charges unless the juvenile consents. The complaint may be amended to correct mistakes of fact in the complaint or to remedy technical defects.
(3) Initial Appearance. Conduct an initial appearance as required by Criminal Rule 4.2. At the initial appearance the court must:
(A) order the juvenile to appear before the criminal division for an arraignment at a specific location, date, and time;
(B) appoint an attorney if the juvenile is indigent to represent the juvenile in all further criminal proceedings;
(C) determine the conditions of release under Rule 7.2, unless the court determines that release on bail is prohibited;
(D) provide the juvenile with a copy of the conditions of release, including the next court date and location, and have the juvenile acknowledge an understanding by signing a copy of the conditions of release in the court's presence;
(E) inform the juvenile that a violation of conditions of release or the failure to appear for an arraignment could result in the issuance of a warrant for the juvenile's arrest; and
(F) determine, if the juvenile is not released, the facility that will have custody of the juvenile pursuant to A.R.S. ยง 8-305(C) and (D) and remand the juvenile to the custody of an appropriate officer. The court's determination and detention of the juvenile must comply with Rule 7.7 of the Rules of Criminal Procedure.
(b) Time Limits. Criminal Rule 8.2 applies for determining time limits for trying a juvenile in the criminal division after transfer. The date of the transfer decision is deemed to be the date of arraignment for determining time limits under Criminal Rule 8.2.

Credits

Added Dec. 8, 2021, effective July 1, 2022. Amended on an emergency basis, effective Dec. 8, 2022, permanently adopted effective Aug. 24, 2023.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 227, AZ ST JUV CT Rule 227
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document