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Rule 224. Revocation of Probation

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 224
Formerly cited as AZ ST JUV CT Rule 32
Rule 224. Revocation of Probation
(a) Initiation. The prosecutor or probation officer responsible for supervising the juvenile may petition the court to revoke probation if there is probable cause to believe that the juvenile has violated a condition or directive of probation. If the victim requests notice, the court must notify the victim of any probation revocation proceeding and afford the victim an opportunity to be heard, as provided by A.R.S. §§ 8-381 through 8-422.
(b) Petition. The petition must state the substance of the conduct alleged to have violated the conditions or directives previously imposed, and in all other respects must conform to Rule 203(a).
(1) Notice to Appear. Promptly after the petition to revoke probation has been filed, the juvenile, the juvenile's attorney, and the juvenile's parent must be given written notice to appear before the court. For good cause, the court may waive the parent's appearance. The notice to appear must:
(A) contain the name and address of the person to whom the notice is directed;
(B) contain the location, date, and time of an advisory hearing on the petition; and
(C) advise that a failure to appear may result in sanctions, including contempt.
(2) Service and Failure to Appear. The juvenile, the juvenile's attorney, and the juvenile's parent must be served with a copy of the petition and a copy of the notice to appear in the manner provided by Rule 205(b). The court may address a failure to appear as provided by Rule 205(c).
(3) Amendment to the Petition. A petition to revoke probation may be amended as provided in Rule 203(b).
(c) Warrant. If a probation officer, when or after a petition to revoke probation is filed, requests an arrest warrant for the juvenile, the court must determine based upon allegations in the petition whether there is probable cause to believe that the juvenile violated a condition or directive of probation.
(d) Advisory Hearing.
(1) Time Limits.
(A) Juvenile Who is Detained. If the juvenile is detained on a petition to revoke probation, the court must hold an advisory hearing no later than 24 hours after the initial detention.
(B) Juvenile Who is Not Detained. If the juvenile is not detained, the court must hold an advisory hearing no later than 14 days after the filing of the petition and notice to appear.
(2) Procedure. At the advisory hearing:
(A) Advise of Rights. The court must advise the juvenile and the juvenile's parent of the juvenile's constitutional rights, including the rights:
(i) to be represented by counsel, and to have the court appoint counsel as provided by law;
(ii) to remain silent throughout the proceeding;
(iii) to an adjudication hearing on the allegations in the petition;
(iv) to confront witnesses presented by the State; and
(v) to call witnesses on the juvenile's behalf.
(B) Confirm Disclosure. The court must confirm that the probation officer has disclosed to the attorneys for the parties any documents, notes, and evidence related to the violation, other than confidential information protected under Supreme Court Rule 123.
(C) Allow a Victim to be Heard. The court must determine whether the victim of the offense has requested to be present and to be heard.
(D) Juvenile's Statements at Revocation Proceeding. The court must advise the juvenile that if the alleged violation involves a delinquent act for which the juvenile has not yet been adjudicated, regardless of the outcome of the probation revocation proceeding, the juvenile may still be adjudicated for the alleged offense, and any statement made by the juvenile at the probation revocation proceeding may be used against the juvenile at the adjudication hearing.
(E) Enter the Juvenile's Admission or Denial. The court must determine whether the juvenile wishes to admit or deny the violations of probation. If the juvenile wishes to admit a violation of probation, the court may accept the admission or plea agreement as provided in Rule 220.
(F) Set an Adjudication Hearing. If the juvenile denies the violations of probation, the court must set a probation violation hearing.
(G) 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.
(e) Probation Violation Hearing.
(1) Time Limits. The court must hold a probation violation hearing no later than 21 days after the advisory hearing unless the juvenile waives time or time is excluded by the court under Rule 212.
(2) Burden of Proof. The State must prove a violation of probation by a preponderance of the evidence.
(3) Procedure. Each party may present evidence. The court may admit any evidence as provided by Rule 104(b), which may include hearsay.
(4) Amendment to Conform to the Evidence. Unless the juvenile consents to the amendment, the petition may be amended only to correct mistakes of fact or to remedy formal or technical defects that conform to the evidence presented at the probation violation hearing.
(5) Findings and Orders. The court's findings must be in writing in the form of a signed minute entry or order and state specifically:
(A) whether each allegation in the revocation petition has been proved, and
(B) findings of fact that establish a violation of probation.
(6) Disposition. If the court finds a violation of a condition or directive of probation, then the court may proceed directly to disposition, or it may set a disposition hearing pursuant to Rule 222. The court may impose any disposition provided under A.R.S. § 8-341.
(7) Subsequent Acts. If a juvenile who is on probation subsequently commits a new act and is thereafter adjudicated delinquent or incorrigible, the juvenile is deemed to have violated the terms of probation. No violation petition or hearing is required, and the court may proceed directly to disposition or set a disposition hearing pursuant to Rule 222.

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 224, AZ ST JUV CT Rule 224
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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