Arizona Laws 8-396. Notice of probation modification, termination or revocation disposition matters; notice of arrest
A. On request of a victim who has provided an address or other contact information, the probation department shall notify the victim of any of the following:
Terms Used In Arizona Laws 8-396
- Arrest: Taking physical custody of a person by lawful authority.
- Arrest: means the actual custodial restraint or temporary custody of a person. See Arizona Laws 8-382
- Court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency. See Arizona Laws 8-382
- Delinquent: means a child who is adjudicated to have committed a delinquent act. See Arizona Laws 8-382
- Delinquent act: means an act to which this article applies pursuant to section 8-381. See Arizona Laws 8-382
- Department: means the department of child safety. See Arizona Laws 8-201
- Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
- 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.
- Secure care: means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress. See Arizona Laws 8-201
- 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
1. A probation revocation disposition proceeding or any proceeding in which the court is asked to terminate the probation or intensive probation of the delinquent who committed the delinquent act against the victim.
2. Any hearing on a proposed modification of the terms of probation or intensive probation.
3. The arrest of a delinquent pursuant to a warrant issued for a probation violation.
B. On request of a victim who has provided a current address or other current contact information, the probation department shall notify the victim of the following:
1. Any proposed modification to any term of probation if the modification affects restitution or incarceration status or the delinquent’s contact with or the safety of the victim.
2. The victim’s right to be heard at a hearing that is set to consider any modification to be made to any term of probation.
3. Any violation of any term of probation that results in the filing with the court of a petition to revoke probation.
4. That a petition to revoke probation alleging that the juvenile absconded from probation has been filed with the court.
5. Any conduct by the juvenile that raises a substantial concern for the victim’s safety.
C. If a victim has requested postadjudication notice and probation is revoked and the juvenile is committed to the department of juvenile corrections, the probation department shall notify the department of juvenile corrections of the victim’s request.
D. On request of the victim, the department of juvenile corrections shall notify the victim of any of the following:
1. Any proceeding in which the department may revoke the conditional liberty of the delinquent who committed the delinquent act against the victim.
2. A modification of the terms of conditional liberty only if the modification will substantially affect the delinquent’s contact with the victim or the safety of the victim or if the modification affects restitution or secure care status.
3. The arrest of a delinquent pursuant to a warrant issued for a conditional liberty violation.