Arizona Laws 8-395. Notice of postadjudication release; right to be heard; hearing; final decision; free electronic recording
A. The victim has the right to be present and be heard at any proceeding in which postadjudication release from confinement is being considered and the right to submit a statement to the department of juvenile corrections when a request for discharge on successful completion of the individual treatment plan is considered pursuant to section 41-2820.
Terms Used In Arizona Laws 8-395
- Department: means the department of child safety. See Arizona Laws 8-201
- Postadjudication release: means release on probation, intensive probation, work furlough, community supervision or home detention, release on conditional liberty pursuant to section 41-2818 by the department of juvenile corrections or any other permanent, conditional or temporary release from confinement, discharge or completion of commitment by the department of juvenile corrections, a sheriff, a municipal jail, a juvenile detention center, a residential treatment facility or a secure mental health facility. See Arizona Laws 8-382
- Release: means no longer in the custody of the custodial agency and includes transfer from one custodial agency to another custodial agency. See Arizona Laws 8-382
- Victim: means a person against whom the delinquent act was committed, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused. See Arizona Laws 8-382
B. If the victim has made a request for postadjudication notice, at least fifteen days before the hearing or before the juvenile’s discharge is considered pursuant to section 41-2820, the department of juvenile corrections shall give to the victim written notice of the hearing and of the victim’s right to be present and be heard at the hearing or to submit a statement to the department regarding the request for discharge.
C. If the victim has made a request for postadjudication notice, the department of juvenile corrections shall give notice to the victim of the decision reached by the department. The department shall mail the notice within fifteen days after the department reaches its decision.
D. Any electronic recordings that are made during a postadjudication release hearing shall be provided, on request, to the victim free of charge.