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Rule 219. Advisory 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 219
Formerly cited as AZ ST JUV CT Rule 28
Rule 219. Advisory Hearing
(a) Generally. After a petition alleging a delinquent act has been filed, including a petition filed under Criminal Rule 40, the court must set an advisory hearing to advise the juvenile and the juvenile's parent of the allegations against the juvenile. Copies of the petition must be given to the juvenile and the parent, and to the juvenile's counsel, either in person or pursuant to Rule 205.
(b) Time Limits.
(1) For a Detained Juvenile. If the juvenile is detained, the advisory hearing must be held no later than 24 hours after the filing of the petition. If the juvenile is already detained on a prior matter and a new petition is filed, the advisory hearing on the new petition must be held no later than 72 hours after the new petition is filed.
(2) For a Juvenile Who is Not Detained. If the juvenile is not detained, the hearing must be held no later than 30 days after the filing of the petition.
(c) Procedure. At the advisory hearing:
(1) Advise of Rights. The court must advise the juvenile and the juvenile's parent of the juvenile's constitutional rights, including the rights:
(A) to be represented by counsel, and to have the court appoint counsel as provided by law;
(B) to remain silent throughout the proceeding;
(C) to an adjudication hearing on the allegations in the petition;
(D) to confront witnesses presented by the State; and
(E) to call witnesses on the juvenile's behalf.
(2) Address Victims' Rights. The court must determine whether the victim's rights have been complied with and whether the victim has requested to be heard.
(3) Enter the Juvenile's Admission or Denial. The court must determine whether the juvenile wishes to admit or deny the allegations or has enter a plea agreement. If the juvenile wishes to admit the allegations, the court may accept the admission or plea agreement as provided in Rule 220.
(4) Set an Adjudication Hearing. If the juvenile denies the allegations of the petition, the court must set an adjudication hearing under Rule 221.
(5) Determine Release Conditions. The court may set conditions of release and must advise the juvenile that a violation of the release conditions may result in a revocation of the juvenile's release and the issuance of a warrant for the juvenile's arrest. The court must provide a copy of the release conditions to the juvenile and the juvenile's parents.
(6) Special Release Condition. If the juvenile has been arrested for an offense listed in A.R.S. § 13-610(O)(3), and the court has found probable cause, the judicial officer must order as a condition of release that the juvenile submit a DNA sample as provided by law.
(7) 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).

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 219, AZ ST JUV CT Rule 219
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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