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Rule 226. Transfer for Criminal Prosecution

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 226
Formerly cited as AZ ST JUV CT Rule 34
Rule 226. Transfer for Criminal Prosecution
(a) Generally. The prosecutor may file a motion requesting the juvenile court to waive jurisdiction and order the transfer of the juvenile to the criminal division of the superior court for prosecution as an adult.
(b) Motion and Complaint. A motion to transfer must be accompanied by a criminal complaint that identifies the offense or offenses for which transfer is sought. Copies of the motion and complaint must be served pursuant to Rule 106.
(c) Amending the Complaint. On the prosecutor's motion, the court may allow amendments to the complaint to conform to the evidence, but the amendments must be made before entry of an order to transfer, and the juvenile may not be transferred or held to answer for an offense other than one for which the court found probable cause at the transfer hearing. An amended complaint must be served on the parties in the same manner as the original motion and complaint.
(d) Time Limits. The motion and complaint must be filed no later than 15 days after the date of the advisory hearing. The court on a finding of good cause for delay may allow a later filing if the juvenile will not be substantially prejudiced as a result of the delay.
(e) Transfer Investigation. On receipt of the motion for transfer, the probation officer must conduct a transfer investigation and prepare a written report addressing the factors specified in A.R.S. § 8-327. The juvenile probation officer must provide a copy of the report to the parties no later than 7 calendar days before the transfer hearing, unless the time is waived by the parties.
(1) Evaluation of Juvenile.
(A) Order. At any time after the filing of the motion to transfer, the court on a party's request or on its own may order the juvenile to submit to physical, psychological, or psychiatric evaluations, or any combination thereof.
(B) Report. The experts must submit their reports to the court no later than 7 calendar days before the transfer hearing. Upon receipt, court staff will provide the expert's report to the juvenile's counsel. The juvenile's counsel is responsible for editing the report by redacting any statement or summary of the juvenile's statements concerning the charged offense. Juvenile's counsel must then return the edited copy to court staff no later than 24 hours after receipt and provide the edited version to the prosecutor.
(C) Prior Transfer. If the juvenile has previously been transferred for criminal prosecution by any juvenile court of this state, at any time before the hearing the court may waive the juvenile probation officer's transfer investigation or the experts' evaluations. Any prior orders of transfer, probation reports, or reports pertaining to physical, psychological, or psychiatric evaluations conducted as part of the prior transfer proceedings must be provided to the parties and counsel.
(2) Incompetence. As provided in A.R.S. §§ 8-291 through 8-291.11, the court must not transfer for criminal prosecution a juvenile who is not competent.
(f) Transfer Hearing. A transfer hearing must be conducted by a judicial officer. The transfer hearing must be conducted in two phases. The first phase includes a determination of probable cause that an offense was committed and whether the juvenile committed the alleged offense. The second phase determines whether public safety would best be served by the transfer of the juvenile for prosecution. The two phases may be heard consecutively or on separate dates as the court determines.
(1) Time Limits. A transfer hearing must be held no later than 30 days after the filing of the motion to transfer. The court may continue the hearing for good cause.
(2) Waiver. The juvenile may waive an evidentiary hearing on either phase of the transfer proceeding. A waiver of the evidentiary hearing on the probable cause phase of the transfer proceeding must be in writing and signed by the juvenile, the juvenile's counsel, and the prosecutor. Before accepting a waiver, the court must inform the juvenile of the consequences of a waiver and the rights under Criminal Rules 5.3 and 5.4(c) that the juvenile is waiving. The court must make written findings concerning the waiver.
(3) Probable Cause Determinations.
(A) Applicable Rules. The probable cause phase must be conducted on the record and as provided in Criminal Rules 5.3 and 5.4(c). The probable cause phase of the transfer hearing, or a waiver of that phase under these rules, constitutes compliance with the defendant's right to a preliminary hearing under Criminal Rule 5.1.
(B) Unlawfully Obtained Evidence. A court must not exclude evidence during a probable cause hearing solely on the ground that it was obtained unlawfully.
(C) Probable Cause Finding. If the court finds there is probable cause to believe that the charged offense has been committed and that the juvenile committed it, the court must proceed to the public safety determination. If the court does not find probable cause for the charged offense, it may find probable cause as to lesser included offenses.
(D) No Probable Cause Finding. If the court finds that probable cause does not exist, the court must dismiss the complaint without prejudice.
(4) Public Safety Determination. In determining whether public safety would best be served by transferring the juvenile, the court must consider the factors specified in A.R.S. § 8-327.
(5) Order of Transfer. If the court determines that transfer is appropriate, the court must state its reasons in writing in a signed minute entry or order. The court also must order that a certified transcript of the probable cause phase of the hearing be filed with the clerk no later than 20 days after the hearing was completed.
(6) No Transfer. If the court determines that transfer is not appropriate, the court must deny the motion to transfer and set an adjudication hearing no later than 30 days after entry of the order denying the motion. The complaint will serve as the petition for purposes of further juvenile proceedings.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 226, AZ ST JUV CT Rule 226
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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