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Rule 218. Detention and Probable Cause Hearing

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: January 1, 2023

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part II. Delinquency
2. Delinquency Proceedings
Effective: January 1, 2023
17B A.R.S. Juv.Ct.Rules of Proc., Rule 218
Formerly cited as AZ ST JUV CT Rule 23
Rule 218. Detention and Probable Cause Hearing
(a) Admission to Detention. Any law enforcement officer who brings a juvenile to a juvenile court detention facility, other than a juvenile who was arrested pursuant to an arrest warrant, must provide a report or documentation to an authorized juvenile court officer that supports the juvenile's admission to detention in the manner prescribed by the juvenile court in each county.
(b) Requirements Upon Admission. Upon admission to the detention facility, the authorized juvenile court officer must do the following:
(1) notify the juvenile of the reason for the admission and the location, date, and time of the detention hearing;
(2) notify the juvenile's parent of the reason for the admission and the location, date, and time of the detention hearing, and that the hearing may proceed in the absence of the juvenile's parent if the parent fails to appear for the hearing;
(3) make a written record of the time and manner of notifications;
(4) advise the juvenile of the right to telephone a parent and an attorney immediately after admission to the facility; and
(5) advise the juvenile of the right to visitation, in private, with a parent and an attorney. After the initial visit, the juvenile may have visitation during normal visiting hours, or by special appointment if necessary, to prepare for a hearing.
(c) Length of Detention.
(1) No Petition or Criminal Complaint is Filed. A juvenile must not be held in detention for longer than 24 hours after admission to detention unless a petition or criminal complaint has been filed.
(2) After a Petition or Criminal Complaint is Filed. No later than 24 hours after the filing of a petition or criminal complaint, a juvenile must be brought before the court for a detention hearing under section (d). If a detention hearing is not held within 24 hours after the filing of the petition or criminal complaint, the juvenile must be released from the detention facility to a parent or other responsible person. If no parent or other responsible person can be located to assume physical custody, the court must release the juvenile to DCS.
(d) Detention Hearing.
(1) Finding of Probable Cause. A juvenile may be detained only if there is probable cause to believe the juvenile committed the acts alleged in the petition or complaint. Probable cause may be based upon allegations in a police report or a citation narrative prepared by a law enforcement office, along with a properly executed affidavit or sworn testimony.
(2) Basis for Detention. In addition to a finding of probable cause under subpart (d)(1), a juvenile may be detained only if there is probable cause to believe, and the court finds on the record, one or more of the following:
(A) the juvenile otherwise will not be present at any hearing;
(B) the juvenile is likely to commit an offense injurious to self or others;
(C) the juvenile must be held for another jurisdiction;
(D) the interests of the juvenile or the public require continued detention until a less restrictive placement for the juvenile can be found; or
(E) the juvenile must be held pending the filing of a complaint under A.R.S. § 13-501.
(3) Absence of the Juvenile's Parent. The detention hearing may be held in the absence of the juvenile's parent if the juvenile's parent cannot be located or failed to appear for the hearing.
(4) Victim's Right to be Heard. The victim of the offense has the right to be heard at the detention hearing, as provided by law.
(e) Release from Detention. The court may release the juvenile and set terms and conditions of release. Upon release from any detention facility, the court must 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 juvenile's arrest and detention, and that the court may proceed with future hearings in the juvenile's absence. A victim may request, and the court must provide to the victim, a copy of the juvenile's terms and conditions of release.
(f) Violations of Conditions of Release. If there is probable cause to believe the juvenile has violated a condition of release, the juvenile probation officer responsible for the juvenile's supervision or the prosecutor may file a request to revoke the juvenile's release. The request must state the substance of the conduct alleged to have violated the conditions of release. If the probation officer or prosecutor does not file a request to revoke release, the victim may file a request directly with the court, as provided by law.
(g) Taking of DNA.
(1) In Custody: Refusal to Provide Sample. An arresting authority or custodial agency may submit a petition 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 must 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. The arresting authority or custodial agency must provide to the juvenile a copy of the court order before or at the time of taking the sample.
(2) Out of Custody: Refusal to Provide Sample; Revocation of Release. The supervising juvenile probation officer or the prosecutor may file a motion to revoke the juvenile's release if there is probable cause to believe that a juvenile who the court 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. The court having jurisdiction over the juvenile may issue a summons or an arrest warrant to secure the juvenile's presence in court and must proceed in accordance with the requirements of this rule and A.R.S. § 8-238.
(3) DNA Testing. DNA may not be submitted to the Department of Public Safety for testing unless the juvenile has been adjudicated delinquent for an offense in A.R.S. § 13-610(O)(3).
(h) Release to County Jail. After considering the factors listed in A.R.S. § 8-305(D), the court may release a juvenile from a juvenile detention facility to a county jail upon the filing of a criminal complaint charging a juvenile with an offense listed in A.R.S. § 13-501 or upon hearing a motion filed by the director of juvenile court services requesting the transfer under A.R.S. § 8-305(E). The filing of a criminal complaint is the date of arrest for purposes of Criminal Rule 4.1.
(i) Review of Detention Status. The court may review the detention status of a juvenile upon written motion of the juvenile, the prosecutor, or on its own. A party's motion must allege material facts not previously presented to the court. The court must hold a hearing on a motion to review detention status no later than 5 days after the motion is filed. The victim has the right to be heard concerning the release of the juvenile and the conditions of release, as provided by law. The court may accelerate a hearing on the motion upon written request demonstrating extraordinary circumstances and that acceleration is necessary in the interests of justice.

Credits

Added Dec. 8, 2021, effective July 1, 2022. Amended on an emergency basis Aug. 29, 2022, effective Sept. 24, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 218, AZ ST JUV CT Rule 218
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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