Arizona Laws 8-352. Intensive probation; evaluation; criteria; limit; conditions
A. A juvenile probation officer shall prepare a disposition summary report for every juvenile who has been adjudicated of a delinquent act or of a technical violation of probation.
Terms Used In Arizona Laws 8-352
- Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court. See Arizona Laws 8-201
- Delinquent act: means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. See Arizona Laws 8-201
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- juvenile intensive probation: means a program that is established pursuant to this article of highly structured and closely supervised juvenile probation and that emphasizes individualized interventions and services for juveniles who are deemed appropriate for the program. See Arizona Laws 8-351
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
B. The juvenile probation officer shall evaluate the needs of the juvenile and the juvenile’s risk to the community, including the nature of the offense, the delinquent history of the juvenile, the juvenile’s history of referrals and adjustments and the recommendation of the juvenile’s parents. The juvenile probation officer shall include the recommendation of the juvenile’s parents in the disposition summary report. If the nature of the offense and the prior delinquent history of the juvenile indicate that the juvenile should be included in an intensive probation program pursuant to supreme court guidelines for juvenile intensive probation, the juvenile probation officer may recommend to the court that the juvenile be granted intensive probation.
C. After reviewing the juvenile’s prior record, the facts and circumstances of the current delinquent act or technical violation of probation and the disposition summary report, the court may grant the juvenile a period of intensive probation.
D. When granting intensive probation the court shall set forth on the record the factual reasons for using the disposition.
E. Intensive probation shall be conditioned on the juvenile:
1. Participating in one or more of the following, if approved by the court or probation officer, throughout the term of probation:
(a) School.
(b) A treatment program.
(c) Employment.
(d) Supervised community restitution work.
(e) An activity that improves the juvenile’s prosocial skill development, including enhancing the juvenile’s relationship with the juvenile’s family.
2. Paying victim restitution, applicable monetary obligations and probation fees, except that the inability to pay probation fees, applicable monetary obligations or victim restitution does not prohibit participation in the intensive probation program.
3. Remaining at a place of residence at all times except to attend school, work or treatment, to perform community restitution or to participate in prosocial activity, as specifically allowed by the supervising juvenile probation officer, or if in the direct company of a parent, guardian or custodian, as approved by the juvenile probation officer.
4. Allowing administration of drug and alcohol tests as directed by a juvenile probation officer.
5. Meeting any other conditions imposed by the court, including electronic monitoring, to meet the needs of the juvenile or to limit the risks to the community.
F. Probation fees shall be deposited in the juvenile probation fund established pursuant to section 12-268.