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Rule 220. Admission or Change of Plea

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part II. Delinquency
2. Delinquency Proceedings
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 220
Formerly cited as AZ ST JUV CT Rule 28
Rule 220. Admission or Change of Plea
(a) Generally. A juvenile may enter an admission to an offense charged in a petition, or may enter into a plea agreement, at any pre-adjudication or adjudication hearing.
(b) Procedure. The court must do the following when taking an admission or plea agreement:
(1) Determine the Accuracy of a Plea Agreement. A plea agreement must be in writing or entered on the record in open court. Before accepting a plea agreement, the court must address the juvenile and confirm the terms of the agreement, that the plea agreement contains all the agreement's terms, and that the juvenile understands and agrees to those terms.
(2) Advise the Juvenile of Rights. Before accepting an admission or a plea agreement, the court must inform the juvenile, and determine that the juvenile understands, all the following:
(A) the nature of the charges to which the juvenile will admit or plead;
(B) the constitutional rights that the juvenile will be waiving by the admission or plea;
(C) the possible dispositional consequences of the admission or plea. If the juvenile is being adjudicated for an offense that would be a felony if the juvenile were convicted in a criminal court, the court must provide the felony offender and prohibited possessor advisements; and
(D) immigration consequences. The court must specifically inform the juvenile that “If you are not a citizen of the United States, admitting to a delinquent act or entering a no contest plea may affect your immigration status. Your admission to a delinquent act or plea of no contest could result in your deportation or removal, could prevent you from ever being able to get legal status in the United States, or could prevent you from becoming a United States citizen.”
(3) Determine Compliance with Victim's Rights. Before accepting an admission or plea agreement, the court must question the prosecutor and determine if the victim has been afforded rights provided under A.R.S. §§ 8-381 through 8-422.
(c) Findings. Before accepting an admission or plea agreement, the court must find the following:
(1) the juvenile wishes to admit the allegation or enter into the plea agreement, and that the admission or plea is knowing, intelligent, and voluntary, and not the result of force, threats, or promises;
(2) the juvenile wishes to forego the juvenile's constitutional rights; and
(3) a factual basis exists to support the adjudication for each offense that the juvenile admits to or to which the juvenile pleads. The factual basis may be based on the juvenile's statement to the court, a police report, or another reliable source.
(d) Rejecting a Plea Agreement. If the court rejects a plea agreement, the court must set the matter for an adjudication hearing.
(e) Accepting the Plea. After accepting an admission or plea agreement, the court must adjudicate the juvenile and proceed to disposition or set a disposition hearing.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 220, AZ ST JUV CT Rule 220
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.
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