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Rule 23. Detention and Probable Cause Hearing

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile Court

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part II. Delinquency and Incorrigibility
2. Delinquency and Incorrigibility Proceedings
17B A.R.S. Juv.Ct.Rules of Proc., Rule 23
Rule 23. Detention and Probable Cause Hearing
A. Report To Court. Except for an arrest pursuant to a warrant, any person who brings a juvenile to a juvenile court detention facility shall make a report to the authorized juvenile court officer in the manner prescribed by the juvenile court in each county setting forth the reasons why the juvenile should be detained.
B. Admission to detention. Upon admission to the detention facility, the authorized juvenile court officer shall:
1. Notify the juvenile of the reason for admission;
2. Notify the parent, guardian or custodian of the juvenile of the reason for admission and inform such persons of the location, date and time of the detention hearing. The detention hearing may be held without the presence of the juvenile's parent, guardian or custodian, if they cannot be located or fail to appear for the hearing;
3. Make a written record of the time and manner of notification;
4. Make a determination of whether the juvenile's conduct endangers or could endanger the safety of other detained juveniles and if so, restrict the juvenile's contact with other detained juveniles;
5. Advise the juvenile of the right to telephone a parent, guardian or custodian and counsel immediately after admission to a detention facility;
6. Advise the juvenile of the right to visitation, in private, by the parent, guardian or custodian and counsel. After the initial visit, the juvenile may be visited during normal visiting hours or by special appointment if required to prepare for a hearing and;
7. If the juvenile was arrested for an offense listed in A.R.S. Section 13-610(O)(3), obtain from the arresting agency proof of compliance with A.R.S. Section 13-610(K).
C. Length of Detention. No juvenile shall be held in detention for more than twenty-four (24) hours unless a petition alleging incorrigible or delinquent conduct or a criminal complaint has been filed. No juvenile shall be held longer than twenty four (24) hours after the filing of a petition unless so ordered by the court after a hearing. If a hearing is not held within twenty-four (24) hours of the time of filing of the petition, the juvenile shall be released from the detention facility to a parent, guardian, custodian or other responsible person. If no parent, guardian, custodian or other responsible person can be located, the court shall release the juvenile to the Department of Child Safety.
D. Detention Hearing. Probable cause may be based upon the allegations in a petition, complaint or referral filed by a law enforcement official, along with a properly executed affidavit or sworn testimony. If the charging document is an Arizona Ticket and Complaint form, the complaint shall also serve as an affidavit. The affidavit may serve as the oath before a magistrate for purposes of Rule 2.4, Ariz. R. Crim. P. The victim of the offense has the right to be heard at the detention hearing, as provided by law. A juvenile shall be detained only if there is probable cause to believe that the juvenile committed the acts alleged in the referral, petition, or complaint, and there is probable cause to believe;
1. The juvenile otherwise will not be present at any hearing; or
2. The juvenile is likely to commit an offense injurious to self or others; or
3. The juvenile must be held for another jurisdiction; or
4. The interests of the juvenile or the public require custodial protection; or
5. The juvenile must be held pending the filing of a complaint pursuant to A.R.S. 13-501.
E. Release From Detention. The court may release the juvenile and set such terms and conditions of release as deemed appropriate. Upon release from any detention facility, the court shall advise the juvenile that any violation of release conditions or the failure to appear at future proceedings could result in the issuance of a warrant for the arrest and detention of the juvenile and that the court may proceed with future hearings in the juvenile's absence. Upon request of the victim, the court shall provide the victim with a copy of the terms and conditions of the juvenile's release, as provided by law.
F. Violation of Conditions of Release. The juvenile probation officer responsible for supervising the juvenile or the prosecutor may file a written request with the court to revoke the juvenile's release if there is probable cause to believe the juvenile has violated a condition of release. The request shall state the substance of the conduct which is alleged to have violated the conditions of release previously imposed. The court shall proceed in accordance with the requirements of this rule. If the probation officer or prosecutor does not file a motion to revoke release, nothing shall preclude the victim from filing the request directly with the court, as provided by law.
G. Revocation of Release; DNA Testing. The juvenile probation officer responsible for supervising the juvenile or the prosecutor may file a written request with the court to revoke the juvenile's release if there is probable cause to believe that a juvenile who has been ordered as a condition of release to provide a DNA sample pursuant to A.R.S. § 8-238 and to provide proof of compliance has not complied with that order, and the court having jurisdiction over the juvenile shall issue a warrant or summons to secure the juvenile's presence in court. The court shall proceed in accordance with the requirements of this rule and A.R.S. § 8-238.
H. Order for DNA Testing. Upon petition of an arresting authority or custodial agency, submitted under penalty of perjury, stating that the juvenile is detained for an offense listed in A.R.S. § 13-610(O)(3) and that the juvenile refused to provide a sample of buccal cells or other bodily substances, the court shall order that the juvenile appear at a designated time and place and permit the taking of a sample of buccal cells or other bodily substances for DNA testing. The arresting authority or custodial agency shall provide to the juvenile a copy of the court order prior to or at the time of taking the sample.
I. Release to County Jail. Upon the filing of a criminal complaint charging a juvenile with an offense listed in A.R.S. § 13-501, the juvenile may be released from the juvenile detention facility to the county jail. The filing of a criminal complaint shall be the date of arrest for purposes of Rules 4 & 8.2, Ariz. R. Crim. P.
J. Review of Detention. The court may review the detention status of a juvenile upon written motion of the juvenile, the prosecutor or upon the court's own motion. The motion must allege material facts not previously presented to the court. A hearing on the motion to review detention status shall be held within five (5) days of the filing of the motion. The victim has the right to be heard concerning the release of the juvenile and the conditions of release, as provided by law. Acceleration of the motion may be granted upon written request demonstrating extraordinary circumstances and that the acceleration is necessary in the interests of justice.

Credits

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended nunc pro tunc, Jan. 11, 2001, effective Jan. 1, 2001. Amended on emergency basis effective Sept. 26, 2008. Adopted on a permanent basis and amended September 3, 2009, effective Jan. 1, 2010. Amended Sept. 2, 2014, effective on an expedited basis, Sept. 1, 2014. Amended and effective on a permanent basis, Dec. 16, 2014.

Editors' Notes

APPLICATION
<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>
HISTORICAL NOTES
Former Rule 23, Local Rules by the Juvenile Court, was repealed by order dated Oct. 27, 2000, effective Jan. 1, 2001.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 23, AZ ST JUV CT Rule 23
Current with amendments received through 02/1/19
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