chronic felony offenders; juveniles

HB2671 - 572R - H Ver

House Engrossed

chronic felony
offenders; juveniles

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2671

AN
ACT

AMENDING SECTIONs 8-201, 8-202
and 8-305, Arizona Revised Statutes; REPEALING section 8-327,
Arizona Revised Statutes; amending sections 8-341, 13-501, 13-610,
13-1206, 13-3967 and 36-520, Arizona Revised Statutes;
RELATING TO criminal RESPONSIBILITY.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 8-201, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-201.

Definitions

In this title, unless the context otherwise requires:

1. "Abandoned" means the failure of the
parent to provide reasonable support and to maintain regular contact with the
child, including providing normal supervision. Abandoned includes a
judicial finding that a parent has made only minimal efforts to support and
communicate with the child. Failure to maintain a normal parental
relationship with the child without just cause for a period of six months
constitutes prima facie evidence of abandonment.

2. "Abuse":

(a) Means the infliction or allowing of physical
injury, impairment of bodily function or disfigurement or the infliction of or
allowing another person to cause serious emotional damage as evidenced by
severe anxiety, depression, withdrawal or untoward aggressive behavior and
which emotional damage is diagnosed by a medical doctor or psychologist and is
caused by the acts or omissions of an individual who has the care, custody and
control of a child, including an employee of a child welfare agency where a
child is placed that is licensed by and contracted with the
department.

(b) Includes:

(i) Inflicting or allowing sexual abuse pursuant to
section 13-1404, sexual conduct with a minor pursuant to section 13-1405,
sexual assault pursuant to section 13-1406, molestation of a child
pursuant to section 13-1410, commercial sexual exploitation of a minor
pursuant to section 13-3552, sexual exploitation of a minor pursuant to
section 13-3553, incest pursuant to section 13-3608 or child sex
trafficking pursuant to section 13-3212.

(ii) Physical injury that results from allowing a
child to enter or remain in any structure or vehicle in which volatile, toxic
or flammable chemicals are found or equipment is possessed by any person for
the purpose of manufacturing a dangerous drug as defined in section 13-3401.

(iii) Unreasonable confinement of a child.

3. "Adult" means a person who is eighteen
years of age or older.

4. "Adult court" means the appropriate
justice court, municipal court or criminal division of the superior court that
has jurisdiction to hear proceedings concerning offenses committed by juveniles
as provided in
sections 8-327 and

section

13-501.

5. "Award" or "commit" means to
assign legal custody.

6. "Child", "youth" or
"juvenile" means an individual who is under eighteen years of age.

7. "Complaint"
means a written statement of the essential facts constituting a public offense
that is any of the following:

(a) Made on an oath
before a judge or commissioner of the superior court or an authorized juvenile
hearing officer.

(b) Made pursuant to section 13-3903.

(c) Accompanied by an affidavit of a law enforcement
officer or employee that swears on information and belief to the accuracy of
the complaint pursuant to section 13-4261.

8. "Criminal conduct allegation" means an
allegation of conduct by a parent, guardian or custodian of a child or an adult
member of the victim's household that, if true, would constitute any of the
following:

(a) A violation of section 13-3623 involving
child abuse.

(b) A felony offense that constitutes domestic
violence as defined in section 13-3601.

(c) A violation of section 13-1404 or 13-1406
involving a minor.

(d) A violation of section 13-1405, 13-1410
or 13-1417.

(e) Any other act of abuse that is classified as a
felony.

(f) An offense that constitutes domestic violence as
defined in section 13-3601 and that involves a minor who is a victim of
or was in imminent danger during the domestic violence.

9. "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.

10. "DCS report" means a communication
received by the centralized intake hotline that alleges child abuse or neglect
and that meets the criteria for a report as prescribed in section 8-455.

11. "Delinquency hearing" means a
proceeding in the juvenile court to determine whether a juvenile has committed
a specific delinquent act as set forth in a petition.

12. "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. Delinquent act does not include an
offense
under section 13-501, subsection A or B if the
offense

that
is filed in adult court
pursuant to section 13-501, subsection A or B
. Any
juvenile who is prosecuted as an adult or who is remanded for prosecution as an
adult shall not be adjudicated as a delinquent juvenile for the same offense.

13. "Delinquent juvenile" means a child
who is adjudicated to have committed a delinquent act.

14. "Department" means the department of
child safety.

15. "Dependent
child":

(a) Means a child who
is adjudicated to be:

(i) In need of proper
and effective parental care and control and who has no parent or guardian, or
one who has no parent or guardian willing to exercise or capable of exercising
such care and control.

(ii) Destitute or who is not provided with the
necessities of life, including adequate food, clothing, shelter or medical
care.

(iii) A child whose home is unfit by reason of
abuse, neglect, cruelty or depravity by a parent, a guardian or any other
person having custody or care of the child.

(iv) Under eight years of age and who is found to
have committed an act that would result in adjudication as a delinquent
juvenile or incorrigible child if committed by an older juvenile or child.

(v) Incompetent or not restorable to competency and
who is alleged to have committed a serious offense as defined in section 13-706.

(b) Does not include a child who in good faith is
being furnished Christian Science treatment by a duly accredited practitioner
if none of the circumstances described in subdivision (a) of this paragraph
exists.

16. "Detention" means the temporary
confinement of a juvenile who requires secure care in a physically restricting
facility that is completely surrounded by a locked and physically secure
barrier with restricted ingress and egress for the protection of the juvenile
or the community pending court disposition or as a condition of probation.

17. "Director" means the director of the
department.

18. "Health professional" has the same
meaning prescribed in section 32-3201.

19. "Incorrigible child" means a child
who:

(a) Is adjudicated as a child who refuses to obey
the reasonable and proper orders or directions of a parent, guardian or
custodian and who is beyond the control of that person.

(b) Is habitually truant from school as defined in
section 15-803, subsection C.

(c) Is a runaway from the child's home or parent,
guardian or custodian.

(d) Habitually behaves in such a manner as to injure
or endanger the morals or health of self or others.

(e) Commits any act constituting an offense that can
only be committed by a minor and that is not designated as a delinquent act.

(f) Fails to obey any lawful order of a court of
competent jurisdiction given in a noncriminal action.

20. "Independent living program" includes
a residential program with supervision of less than twenty-four hours a
day.

21. "Juvenile court" means the juvenile
division of the superior court when exercising its jurisdiction over children
in any proceeding relating to delinquency, dependency or incorrigibility.

22. "Law enforcement officer" means a
peace officer, sheriff, deputy sheriff, municipal police officer or constable.

23. "Medical director of a mental health
agency":

(a) Means a psychiatrist, or licensed physician
experienced in psychiatric matters, who is designated in writing by the
governing body of the agency as the person in charge of the medical services of
the agency, or a psychiatrist designated by the governing body to act for the
director.

(b) Includes the superintendent of the state
hospital.

24. "Mental health agency" means any
private or public facility that is licensed by this state as a mental health
treatment agency, a psychiatric hospital, a psychiatric unit of a general
hospital or a residential treatment center for emotionally disturbed children
and that uses secure settings or mechanical restraints.

25. "Neglect" or "neglected"
means:

(a) The inability or unwillingness of a parent,
guardian or custodian of a child to provide that child with supervision, food,
clothing, shelter or medical care if that inability or unwillingness causes
substantial risk of harm to the child's health or welfare, except if the
inability of a parent, guardian or custodian to provide services to meet the
needs of a child with a disability or chronic illness is solely the result of
the unavailability of reasonable services.

(b) Allowing a child to enter or remain in any
structure or vehicle in which volatile, toxic or flammable chemicals are found
or equipment is possessed by any person with the intent and for the purpose of
manufacturing a dangerous drug as defined in section 13-3401.

(c) A determination by a health professional that a
newborn infant was exposed prenatally to a drug or substance listed in section
13-3401 and that this exposure was not the result of a medical treatment
administered to the mother or the newborn infant by a health professional. This
subdivision does not expand a health professional's duty to report neglect
based on prenatal exposure to a drug or substance listed in section 13-3401
beyond the requirements prescribed pursuant to section 13-3620,
subsection E. The determination by the health professional shall be
based on one or more of the following:

(i) Clinical indicators in the prenatal period
including maternal and newborn presentation.

(ii) History of substance use or abuse.

(iii) Medical history.

(iv) Results of a toxicology or other laboratory
test on the mother or the newborn infant.

(d) Diagnosis by a health professional of an infant
under one year of age with clinical findings consistent with fetal alcohol
syndrome or fetal alcohol effects.

(e) Deliberate exposure of a child by a parent,
guardian or custodian to sexual conduct as defined in section 13-3551 or
to sexual contact, oral sexual contact or sexual intercourse as defined in
section 13-1401, bestiality as prescribed in section 13-1411 or
explicit sexual materials as defined in section 13-3507.

(f) Any of the following acts committed by the
child's parent, guardian or custodian with reckless disregard as to whether the
child is physically present:

(i) Sexual contact as defined in section 13-1401.

(ii) Oral sexual contact as defined in section 13-1401.

(iii) Sexual intercourse as defined in section 13-1401.

(iv) Bestiality as prescribed in section 13-1411.

26. "Newborn infant" means a child who is
under thirty days of age.

27. "Petition" means a written statement
of the essential facts that allege delinquency, incorrigibility or dependency.

28. "Prevention" means the creation of
conditions, opportunities and experiences that encourage and develop healthy,
self-sufficient children and that occur before the onset of problems.

29. "Protective supervision" means
supervision that is ordered by the juvenile court of children who are found to
be dependent or incorrigible.

30. "Qualified young adult" means a former
dependent child who is at least eighteen years of age and not over twenty-one
years of age, who meets the criteria for an extended foster care program
pursuant to section 8-521.02 and who signs a voluntary agreement to
participate in the program.

31. "Referral" means a report that is
submitted to the juvenile court and that alleges that a child is dependent or
incorrigible or that a juvenile has committed a delinquent or criminal act.

32. "Secure care" means confinement in a
facility that is completely surrounded by a locked and physically secure
barrier with restricted ingress and egress.

33. "Serious emotional injury" means an
injury that is diagnosed by a medical doctor or a psychologist and that does
any one or a combination of the following:

(a) Seriously impairs mental faculties.

(b) Causes serious anxiety, depression, withdrawal
or social dysfunction behavior to the extent that the child suffers dysfunction
that requires treatment.

(c) Is the result of sexual abuse pursuant to
section 13-1404, sexual conduct with a minor pursuant to section 13-1405,
sexual assault pursuant to section 13-1406, molestation of a child
pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212,
commercial sexual exploitation of a minor pursuant to section 13-3552,
sexual exploitation of a minor pursuant to section 13-3553 or incest
pursuant to section 13-3608.

34. "Serious physical injury" means an
injury that is diagnosed by a medical doctor and that does any one or a
combination of the following:

(a) Creates a reasonable risk of death.

(b) Causes serious or permanent disfigurement.

(c) Causes significant physical pain.

(d) Causes serious impairment of health.

(e) Causes the loss or protracted impairment of an
organ or limb.

(f) Is the result of sexual abuse pursuant to
section 13-1404, sexual conduct with a minor pursuant to section 13-1405,
sexual assault pursuant to section 13-1406, molestation of a child
pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212,
commercial sexual exploitation of a minor pursuant to section 13-3552,
sexual exploitation of a minor pursuant to section 13-3553 or incest
pursuant to section 13-3608.

35. "Shelter care" means the temporary
care of a child in any public or private facility or home that is licensed by
this state and that offers a physically nonsecure environment that is
characterized by the absence of physically restricting construction or hardware
and that provides the child access to the surrounding community.

36. "Standardized hotline assessment tool"
means any written tool used to make a determination that the allegation of
abuse or neglect that is the subject of a report received pursuant to section 8-455
involves conduct that warrants investigation by the department pursuant to
section 8-456 or 8-471.

37. "Young adult administrative review"
means an administrative review of a voluntary extended foster care case plan
with the qualified young adult, the department's case specialist or designee,
an independent party who is not responsible for the case management of or the
delivery of services to the qualified young adult and any other individual the
young adult invites.
END_STATUTE

Sec. 2. Section 8-202, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-202.

Jurisdiction of juvenile court

A. The juvenile court has original jurisdiction over
all delinquency proceedings brought under the authority of this title.

B. The juvenile court has exclusive original
jurisdiction over all proceedings brought under the authority of this title
except for delinquency proceedings.

C. The juvenile court may consolidate any matter,
except that the juvenile court shall not consolidate any of the following:

1. A criminal proceeding that is filed in another
division of superior court and that involves a child who is subject to the
jurisdiction of the juvenile court.

2. A delinquency proceeding with any other
proceeding that does not involve delinquency, unless the juvenile delinquency
adjudication proceeding is not heard at the same time or in the same hearing as
a nondelinquency proceeding.

D. The juvenile court has jurisdiction of
proceedings to:

1. Obtain judicial consent to the marriage,
employment or enlistment in the armed services of a child, if consent is
required by law.

2. In an action in which parental rights are terminated
pursuant to chapter 4, article 5 or 11 of this title, change the name of a
minor child who is the subject of the action. If the minor child who is the
subject of the action is twelve years of age or older, the court shall consider
the wishes of the child with respect to the name change.

E. The juvenile court has jurisdiction over civil
traffic violations, civil marijuana violations and offenses listed in section 8-323,
subsection B that are committed within the county by persons who are under
eighteen years of age unless the presiding judge of the county declines
jurisdiction of these cases. The presiding judge of the county may
decline jurisdiction of civil traffic violations and civil marijuana violations
committed within the county by juveniles if the presiding judge finds that the
declination would promote the more efficient use of limited judicial and law
enforcement resources located within the county. If the presiding
judge declines jurisdiction, juvenile civil traffic violations and civil
marijuana violations shall be processed, heard and disposed of in the same
manner and with the same penalties as adult civil traffic violations.

F. The orders of the juvenile court under the
authority of this chapter or chapter 3 or 4 of this title take precedence over
any order of any other court of this state except for the following:

1. An order entered in the criminal court concerning
an ongoing case that governs a criminal defendant's ability to contact the
victim, the family of the victim or other minor children if the criminal court
makes a finding that contact with other minor children would pose a risk of
harm to those children.

2.
An order

Orders

by the court of appeals and the supreme court to the extent they are
inconsistent with orders of other courts.

G. Except as provided in subsection H of this
section, jurisdiction of a child that is obtained by the juvenile court in a
proceeding under this chapter or chapter 3 or 4 of this title shall be retained
by it, for the purposes of implementing the orders made and filed in that
proceeding, until the child becomes eighteen years of age, unless terminated by
order of the court before the child's eighteenth birthday.

H. At any time before an adjudication hearing or a
proceeding in which a juvenile is admitting to an allegation in a petition that
alleges the juvenile is delinquent, the state may file a notice of intent to
retain jurisdiction over a juvenile who is seventeen years of age. If the state
files a notice of intent to retain jurisdiction, the juvenile court's
jurisdiction over a juvenile is retained on the filing of the notice and the
court shall retain jurisdiction over the juvenile until the juvenile reaches
nineteen years of age, unless before the juvenile's nineteenth birthday either:

1. Jurisdiction is terminated by order of the court.

2. The juvenile is discharged from the jurisdiction
of the department of juvenile corrections pursuant to section 41-2820.

I. Persons who are under eighteen years of age shall
be prosecuted in the same manner as adults if either:

1. The juvenile court transfers jurisdiction
pursuant to section
8-327

13-501
.

2. The juvenile is charged as an adult with an
offense listed in section 13-501.

J. The juvenile court shall retain jurisdiction
after a juvenile's eighteenth birthday for the purpose of:

1. Designating an undesignated felony offense as a
misdemeanor or felony, including after an adjudication is set aside pursuant to
section 8-348.

2. Modifying an outstanding monetary obligation
imposed by the court except for victim restitution.

3. Implementing section 36-2862.

K. The juvenile court has jurisdiction to make the
initial determination prescribed in section 8-829 whether the voluntary
participation of a qualified young adult in an extended foster care program
pursuant to section 8-521.02 is in the young adult's best interests.
END_STATUTE

Sec. 3. Section 8-305, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-305.

Detention center; jail; separate custody; definition

A. The county board of supervisors or the county
jail district, if authorized pursuant to title 48, chapter 25, shall maintain a
detention center that is separate and apart from a jail or lockup in which
adults are confined and where juveniles who are alleged to be delinquent or
children who are incorrigible and within the provisions of this article shall
be detained when necessary before or after a hearing or as a condition of
probation. A juvenile who is charged with an offense that is listed
in section 13-501 may be detained in a juvenile detention center if the
court orders the detention. The board may enter agreements with
public or private entities to acquire land for, build, purchase, lease-purchase,
lease or expand a detention center required by this section.

B. The board of supervisors or the county jail
district, if authorized pursuant to title 48, chapter 25, may provide for the
detention of juveniles who are accused or convicted of a criminal offense in a
jail or lockup in which adults are confined. A juvenile who is
confined in a jail or lockup in which adults are confined shall be kept in a
physically separate section from any adult who is charged with or convicted of
a criminal offense, and no sight or sound contact between the juvenile and any
charged or convicted adult is allowed, except to the extent authorized under
federal laws or regulations.

C. A juvenile, pending a juvenile hearing, shall not
be confined with adults charged with or convicted of a crime, except that:

1. A juvenile who is accused of a criminal offense
or who is alleged to be delinquent may be securely detained in such location
for up to six hours until transportation to a juvenile detention center can be
arranged if the juvenile is kept in a physically separate section from any
adult who is charged with or convicted of a crime and no sight or sound contact
between the juvenile and any charged or convicted adult is allowed, except to
the extent authorized under federal laws or regulations.

2. A juvenile who is transferred as provided in
section
8-327

13-501

to the criminal division of the superior court may be securely detained if the
juvenile is kept in a physically separate section from any adult charged with
or convicted of a crime, and no sight or sound contact with any charged or
convicted adult is allowed, except to the extent authorized under federal laws
or regulations.

3. A juvenile who is arrested for an offense listed
in section 13-501 may be detained in a juvenile detention center until
formally charged as an adult if the court orders the
detention. After a juvenile has been formally charged as an adult
the juvenile may be either of the following:

(a) Detained in a juvenile detention center.

(b) Securely detained in an adult facility if the
juvenile is detained separately from any adult charged with or convicted of a
crime, except to the extent authorized under federal laws or regulations.

D. In determining whether to order that a juvenile
who is charged with an offense that is listed in section 13-501 be
detained in a juvenile detention center or an adult facility pursuant to
subsection A or subsection C, paragraph 3, subdivision (a) of this section, the
court shall consider all of the following:

1. The best interests of both the juvenile charged
as an adult and the other juveniles detained in the juvenile detention center.

2. The juvenile's age.

3. The juvenile's physical and mental maturity.

4. The juvenile's present mental state, including
whether the juvenile presents an imminent risk of harm to the juvenile.

5. The nature and circumstances of the alleged
offense.

6. The juvenile's history of prior delinquent acts.

7. The relative ability of the available adult and
juvenile detention facilities to meet the specific needs of the juvenile and to
protect the safety of the public as well as other detained juveniles.

8. The existing programs and facilities for
juveniles at both the juvenile detention center and the adult facility.

9. Any other factor relevant to the determination of
where to detain the juvenile.

E. The director of juvenile court services in the
county in which the juvenile is detained may file a motion in the juvenile's
criminal case that requests a juvenile who is charged with an offense listed in
section 13-501 be transferred to an adult facility based on the
juvenile's conduct while in detention. On the director's request for
the juvenile's transfer, the court shall hold a hearing to consider the
transfer. At the hearing, the court shall consider all of the
factors listed in subsection D of this section.

F. A child who is alleged to be delinquent or who is
alleged to be incorrigible shall not be securely detained in a jail or lockup
in which adults charged with or convicted of a crime are detained. A
child may be nonsecurely detained if necessary to obtain the child's name, age,
residence or other identifying information for up to six hours until
arrangements for transportation to any shelter care facility, home or other
appropriate place can be made. A child who is nonsecurely detained
shall be detained separately from any adult charged with or convicted of a
crime, and no sight or sound contact with any charged or convicted adult is
permitted

allowed
, except to the extent
authorized under federal laws or regulations.

G. Any detained juvenile or child who, by the
juvenile's or child's conduct, endangers or evidences that the juvenile or
child may endanger the safety of other detained children shall not be allowed
to intermingle with any other juvenile or child in the detention center.

H. Pursuant to section 8-322, the county board
of supervisors, the county jail district board of directors or the
administrative office of the courts on behalf of the juvenile court may enter
into an agreement with public or private entities to provide the detention
centers required by subsection A of this section.

I. For the purposes of this section,
"juvenile" includes a person who is under the jurisdiction of the
juvenile court pursuant to section 8-202, subsection H.
END_STATUTE

Sec. 4.
Repeal

Section 8-327,
Arizona Revised Statutes, is repealed.

Sec. 5. Section 8-341, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-341.

Disposition and commitment; definitions

A. After receiving and considering the evidence on
the proper disposition of the case, the court may enter judgment as follows:

1. It may award a delinquent juvenile:

(a) To the care of the juvenile's parents, subject
to the supervision of a probation department.

(b) To a probation department, subject to any
conditions the court may impose, including a period of incarceration in a
juvenile detention center of not more than one year.

(c) To a reputable citizen of good moral character,
subject to the supervision of a probation department.

(d) To a private agency or institution, subject to
the supervision of a probation officer.

(e) To the department of juvenile corrections.

(f) To maternal or paternal relatives, subject to
the supervision of a probation department.

(g) To an appropriate official of a foreign country
of which the juvenile is a foreign national who is unaccompanied by a parent or
guardian in this state to remain on unsupervised probation for at least one
year on the condition that the juvenile cooperate with that official.

2. It may award an incorrigible child:

(a) To the care of the child's parents, subject to
the supervision of a probation department.

(b) To the protective supervision of a probation
department, subject to any conditions the court may impose.

(c) To a reputable citizen of good moral character,
subject to the supervision of a probation department.

(d) To a public or private agency, subject to the
supervision of a probation department.

(e) To maternal or paternal relatives, subject to
the supervision of a probation department.

B. If a juvenile is placed on probation pursuant to
this section, the period of probation may continue until the juvenile's
eighteenth birthday or until the juvenile's nineteenth birthday if jurisdiction
is retained pursuant to section 8-202, subsection H, except that the
term of probation shall not exceed one year if all of the following apply:

1. The juvenile is not charged with a subsequent
offense.

2. The juvenile has not been found in violation of a
condition of probation.

3. The court has not made a determination that it is
in the best interests of the juvenile or the public to require continued
supervision. The court may not use the juvenile's failure to pay fees, costs or
fines as a reason to continue supervision. The court shall state by
minute entry or written order its reasons for finding that continued
supervision is required.

4. The offense for which the juvenile is placed on
probation does not involve a dangerous offense as defined in section 13-105.

5. The offense for which the juvenile is placed on
probation does not involve a violation of title 13, chapter 14 or 35.1.

6. Restitution ordered pursuant to section 8-344
has been made.

C. If a juvenile is adjudicated as a first time
felony juvenile offender, the court shall provide the following written notice
to the juvenile:

This is your first felony offense. If you commit
another felony offense and you are fourteen years of age or older, any of the
following could happen to you:

1. You could be tried as an adult in adult
criminal court.

2. You could be committed to the department of
juvenile corrections.

3. You could be placed on juvenile intensive
probation, which could include incarceration in a juvenile detention center.

D. If a juvenile is fourteen years of age or older
and is adjudicated as a repeat felony juvenile offender, unless the court
determines based on the severity of the offense and a risk assessment that
juvenile intensive probation services are not required, the juvenile court
shall place the juvenile on juvenile intensive probation, which may include
incarceration in a juvenile detention center, or may commit the juvenile to the
department of juvenile corrections pursuant to subsection A, paragraph 1,
subdivision (e) of this section.

E. If the juvenile is adjudicated as a repeat felony
juvenile offender, the court shall provide the following written notice to the
juvenile:

You are now a repeat felony offender. This means:

1. You will be tried as an adult in adult criminal
court if you commit another felony offense and you are fifteen years of age or
older.

2. You could be tried as an adult in adult
criminal court if you commit another felony offense when you are at least
fourteen years of age.

3. You could be incarcerated in the state
department of corrections if you are convicted as an adult in adult criminal
court.

F. The failure or inability of the court to provide
the notices required under subsections C and E of this section does not
preclude the use of the prior adjudications for any purpose otherwise allowed.

G. After considering the length of stay guidelines
developed pursuant to section 41-2816, subsection C, the court may set
forth in the order of commitment the minimum period during which the juvenile
shall remain in secure care while in the custody of the department of juvenile
corrections. When the court awards a juvenile to the department of
juvenile corrections or an institution or agency, it shall transmit with the
order of commitment copies of a diagnostic psychological evaluation and
educational assessment if one has been administered, copies of the case report,
all other psychological and medical reports, restitution orders, any request
for postadjudication notice that has been submitted by a victim and any other
documents or records pertaining to the case requested by the department of
juvenile corrections or an institution or agency. The department
shall not release a juvenile from secure care before the juvenile completes the
length of stay determined by the court in the commitment order unless the
county attorney in the county from which the juvenile was committed requests
the committing court to reduce the length of stay. The department may
temporarily escort the juvenile from secure care pursuant to section 41-2804,
may release the juvenile from secure care without a further court order after
the juvenile completes the length of stay determined by the court or may retain
the juvenile in secure care for any period subsequent to the completion of the
length of stay in accordance with the law.

H. Written notice of the release of any juvenile
pursuant to subsection G of this section shall be made to any victim requesting
notice, the juvenile court that committed the juvenile and the county attorney
of the county from which the juvenile was committed.

I. Notwithstanding any law to the contrary, if a
person is under the supervision of the court as an adjudicated delinquent
juvenile at the time the person reaches eighteen years of age, treatment
services may be provided until the person reaches twenty-one years of age
if the court, the person and the state agree to the provision of the treatment
and a motion to transfer the person pursuant to section
8-327

13-501
has not been filed or has been
withdrawn. The court may terminate the provision of treatment
services after the person reaches eighteen years of age if the court determines
that any of the following applies:

1. The person is not progressing toward treatment
goals.

2. The person terminates treatment.

3. The person commits a new offense after reaching
eighteen years of age.

4. Continued treatment is not required or is not in
the best interests of the state or the person.

J. On the request of a victim of an act that may
have involved significant exposure as defined in section 13-1415 or that
if committed by an adult would be a sexual offense, the prosecuting attorney
shall petition the adjudicating court to require that the juvenile be tested
for the presence of the human immunodeficiency virus. If the victim
is a minor the prosecuting attorney shall file this petition at the request of
the victim's parent or guardian. If the act committed against a victim is an
act that if committed by an adult would be a sexual offense or the court
determines that sufficient evidence exists to indicate that significant
exposure occurred, it shall order the department of juvenile corrections or the
department of health services to test the juvenile pursuant to section 13-1415.
Notwithstanding any law to the contrary, the department of juvenile corrections
and the department of health services shall release the test results only to
the victim, the delinquent juvenile, the delinquent juvenile's parent or
guardian and a minor victim's parent or guardian and shall counsel them
regarding the meaning and health implications of the results.

K. If a juvenile has been adjudicated delinquent for
an offense that if committed by an adult would be an offense listed in section
41-1750, subsection C, the court shall provide the department of public
safety Arizona automated fingerprint identification system established in
section 41-2411 with the juvenile's ten-print fingerprints,
personal identification data and other pertinent information. If a
juvenile has been committed to the department of juvenile corrections the
department shall provide the fingerprints and information required by this
subsection to the Arizona automated fingerprint identification
system. If the juvenile's fingerprints and information have been
previously submitted to the Arizona automated fingerprint identification system
,
the information is not required to be resubmitted.

L. Access to fingerprint records submitted pursuant
to subsection K of this section shall be limited to the administration of
criminal justice as defined in section 41-1750. Dissemination
of fingerprint information shall be limited to the name of the juvenile,
juvenile case number, date of adjudication and court of adjudication.

M. If a juvenile is adjudicated delinquent for an
offense that if committed by an adult would be a misdemeanor, the court may
prohibit the juvenile from carrying or possessing a firearm while the juvenile
is under the jurisdiction of the department of juvenile corrections or the
juvenile court.

N. If a juvenile is adjudicated delinquent for a
violation of section 13-1602, subsection A, paragraph 5, the court shall
order the juvenile to pay a fine of at least $300 but not more than $1,000. Any
restitution ordered shall be paid in accordance with section 13-809,
subsection A. The court may order the juvenile to perform community
restitution in lieu of the payment for all or part of the fine if it is in the
best interests of the juvenile. The court shall credit community
restitution performed at a rate that is equal to the minimum wage prescribed by
section 23-363, subsections A and B, rounded up to the nearest
dollar. If the juvenile is convicted of a second or subsequent
violation of section 13-1602, subsection A, paragraph 5 and is ordered to
perform community restitution, the court may order the parent or guardian of
the juvenile to assist the juvenile in the performance of the community
restitution if both of the following apply:

1. The parent or guardian had knowledge that the
juvenile intended to engage in or was engaging in the conduct that gave rise to
the violation.

2. The parent or guardian knowingly provided the
juvenile with the means to engage in the conduct that gave rise to the
violation.

O. If a juvenile is adjudicated delinquent for an
offense involving the purchase, possession or consumption of spirituous liquor
or a violation of title 13, chapter 34 and is placed on juvenile probation, the
court may order the juvenile to submit to random drug and alcohol testing at
least two times per week as a condition of probation.

P. If jurisdiction of the juvenile court is retained
pursuant to section 8-202, subsection H, the court shall order continued
probation supervision and treatment services until a child who has been
adjudicated a delinquent juvenile reaches nineteen years of age or until
otherwise terminated by the court. The court may terminate continued
probation supervision or treatment services before the child's nineteenth
birthday if the court determines that continued probation supervision or
treatment is not required or is not in the best interests of the juvenile or
the state or the juvenile commits a criminal offense after reaching eighteen
years of age.

Q. For the purposes of this section:

1. "First time felony juvenile offender"
means a juvenile who is adjudicated delinquent for an offense that would be a
felony offense if committed by an adult.

2. "Repeat felony juvenile offender" means
a juvenile to whom both of the following apply:

(a) Is adjudicated delinquent for an offense that
would be a felony offense if committed by an adult.

(b) Previously has been adjudicated a first time
felony juvenile offender.

3. "Sexual offense" means oral sexual
contact, sexual contact or sexual intercourse as defined in section 13-1401.
END_STATUTE

Sec. 6. Section 13-501, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-501.

Persons under eighteen years of age; felony charging; definitions

A. The county attorney shall bring a criminal
prosecution against a juvenile in the same manner as an adult if the juvenile
is fifteen, sixteen or seventeen years of age at the time the alleged offense
is committed and the juvenile is accused of any of the following offenses:

1. First degree murder in violation of section 13-1105.

2. Second degree murder in violation of section 13-1104.

3. Forcible sexual assault in violation of section
13-1406.

4. Armed robbery in violation of section 13-1904.

5. Any other violent felony offense.

6. Any felony offense committed by a chronic felony
offender.

7. Any offense that is properly joined to an offense
listed in this subsection.

B. Except as provided in subsection A of this
section, the county attorney may bring a criminal prosecution against a
juvenile
who is charged with a felony offense
in the same
manner as an adult
if the juvenile is at least fourteen years of
age at the time the alleged offense is committed and the juvenile is accused of
any of the following offenses

only
after a hearing is held in juvenile court in which the court finds probable
cause exists to believe the offense was committed by the juvenile, and the court
determines that public safety and the interests of justice require adult
prosecution. The state has the burden of proving by clear and convincing
evidence that adult prosecution is necessary. In making this determination, the
court shall consider the following factors
:

1. A class 1 felony.

2. A class 2 felony.

3. A class 3 felony in violation of
any offense in chapters 10 through 17 or chapter 19 or 23 of this title.

4. A class 3, 4, 5 or 6 felony
involving a dangerous offense.

5. Any felony offense committed by a
chronic felony offender.

6. Any offense that is properly joined
to an offense listed in this subsection.

1. The seriousness and circumstances
of the offense.

2. Whether the offense involved the
use or threatened use of a deadly weapon.

3. The juvenile's prior delinquency
history.

4. The juvenile's age, maturity and
mental, emotional and psychological condition.

5. Whether the juvenile has
previously participated in rehabilitation programs and the results of that
participation.

6. Whether the juvenile has
previously been committed to the department of juvenile corrections.

7. The views of the victim of the
offense.

8. Whether the juvenile committed the
offense while participating in, assisting, promoting or furthering the
interests of a criminal street gang, a criminal syndicate or a racketeering
enterprise.

9. Whether the degree of the
juvenile's participation in the offense was relatively minor but not so minor
as to constitute a defense to prosecution.

10. The likelihood of the juvenile's
reasonable rehabilitation through available juvenile court services.

C. A criminal prosecution shall be brought against a
juvenile in the same manner as an adult if the juvenile has been accused of a
criminal offense and has a historical prior felony conviction.

D. At the time the county attorney files a complaint
or indictment the county attorney shall file a
written statement
of specific facts supporting adult prosecution and a
notice stating that
the juvenile is a chronic felony offender. Subject to subsection E
of this section, the notice shall establish and confer jurisdiction over the
juvenile as a chronic felony offender.

E. On motion of the juvenile the court shall hold a
hearing after arraignment and before trial to determine if a juvenile is a
chronic felony offender.
The court shall issue
written findings supporting its determination.
At the hearing
the state shall prove by a preponderance of the evidence that the juvenile is a
chronic felony offender. �If the court does not find that the juvenile is a
chronic felony offender, the court shall transfer the juvenile to the juvenile
court pursuant to section 8-302. If the court finds that the
juvenile is a chronic felony offender or if the juvenile does not file a motion
to determine if the juvenile is a chronic felony offender, the criminal
prosecution shall continue.

F. Except as provided in section 13-921, a
person who is charged pursuant to this section shall be sentenced in the
criminal court in the same manner as an adult for any offense for which the
person is convicted.

G. Unless otherwise provided by law,
nothing
in
this section
shall be construed as to
does not
confer jurisdiction in the juvenile court over any
person who is eighteen years of age or older.

H. This section does not eliminate
judicial discretion or due process protections that are guaranteed by the
Arizona Constitution.

H.

I.
For
the purposes of this section:

1. "Accused" means a juvenile against whom
a complaint, information or indictment is filed.

2. "Chronic felony offender" means
:

(
a
)
A
juvenile who has had two prior and separate adjudications and dispositions
that were classified as
any felony under chapter
14 of this title or a class 1, 2 or 3 felony
for conduct that would
constitute a historical prior felony conviction if the juvenile had been tried
as an adult.

(
b
) A juvenile
who has been committed to the department of juvenile corrections and who has
had two prior and separate felony adjudications and dispositions for conduct
that would constitute a historical prior felony conviction if the juvenile had
been tried as an adult.

3. "Forcible sexual assault" means sexual
assault pursuant to section 13-1406 that is committed without consent as
defined in section 13-1401,
subsection a,
paragraph
7, subdivision (a).

4. "Other violent felony offense" means:

(a) Aggravated assault pursuant to section 13-1204,
subsection A, paragraph 1.

(b) Aggravated assault pursuant to section 13-1204,
subsection A, paragraph 2 involving the use of a deadly weapon.

(c) Drive by shooting pursuant to section 13-1209.

(d) Discharging a firearm at a structure pursuant to
section 13-1211.
END_STATUTE

Sec. 7. Section 13-610, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-610.

DNA testing

A. Within thirty days after a person is sentenced to
the state department of corrections or a person who is accepted under the
interstate compact for the supervision of parolees and probationers arrives in
this state, the state department of corrections shall secure a sufficient
sample of blood or other bodily substances for deoxyribonucleic acid testing
and extraction from the person if the person was convicted of an offense listed
in this section and was sentenced to a term of imprisonment or was convicted of
any offense that was committed in another jurisdiction that if committed in
this state would be a violation of any offense listed in this section and the
person is under the supervision of the state department of corrections. The
state department of corrections shall transmit the sample to the department of
public safety.

B. Within thirty days after a person is placed on
probation and sentenced to a term of incarceration in a county jail detention
facility or is detained in a county juvenile detention facility, the county
detention facility shall secure a sufficient sample of blood or other bodily
substances for deoxyribonucleic acid testing and extraction from the person if
the person was convicted of or adjudicated delinquent for an offense listed in
this section. The county detention facility shall transmit the sample to the
department of public safety.

C. Within thirty days after a person is convicted
and placed on probation without a term of incarceration or adjudicated
delinquent and placed on probation, the county probation department shall
secure a sufficient sample of blood or other bodily substances for
deoxyribonucleic acid testing and extraction from the person if the person was
convicted of or adjudicated delinquent for an offense listed in this
section. The county probation department shall transmit the sample
to the department of public safety.

D. Within thirty days after the arrival of a person
who is accepted under the interstate compact for the supervision of parolees
and probationers and who is under the supervision of a county probation
department, the county probation department shall secure a sufficient sample of
blood or other bodily substances for deoxyribonucleic acid testing and
extraction from the person if the person was convicted of an offense that was
committed in another jurisdiction that if committed in this state would be a
violation of any offense listed in this section and was sentenced to a term of
probation. The county probation department shall transmit the sample to the
department of public safety.

E. Within thirty days after a juvenile is committed
to the department of juvenile corrections, the department of juvenile
corrections shall secure a sufficient sample of blood or other bodily
substances for deoxyribonucleic acid testing and extraction from the youth if
the youth was adjudicated delinquent for an offense listed in this section and
was committed to a secure care facility. The department of juvenile corrections
shall transmit the sample to the department of public safety.

F. Within thirty days after the arrival in this
state of a juvenile who is accepted by the department of juvenile corrections
pursuant to the interstate compact on juveniles and who was adjudicated for an
offense that was committed in another jurisdiction that if committed in this
state would be a violation of any offense listed in this section, the compact
administrator shall request that the sending state impose as a condition of
supervision that the juvenile submit a sufficient sample of blood or other bodily
substances for deoxyribonucleic acid testing. If the sending state does not
impose that condition, the department of juvenile corrections shall request a
sufficient sample of blood or other bodily substances for deoxyribonucleic acid
testing within thirty days after the juvenile's arrival in this state. The
department of juvenile corrections shall transmit the sample to the department
of public safety.

G. Notwithstanding subsections A through F, K, L and
O of this section, the agency that is responsible for securing a sample
pursuant to this section shall not secure the sample if the scientific criminal
analysis section of the department of public safety has previously received and
is maintaining a sample sufficient for deoxyribonucleic acid testing.

H. The department of public safety shall do all of
the following:

1. Conduct or oversee through mutual agreement an
analysis of the samples that it receives pursuant to subsections K, L and O of
this section.

2. Make and maintain a report of the results of each
deoxyribonucleic acid analysis.

3. Maintain samples of blood and other bodily
substances for at least thirty-five years.

I. Any sample and the result of any test that is
obtained pursuant to this section or section 8-238 may be used only as follows:

1. For law enforcement identification purposes.

2. In a proceeding in a criminal prosecution or
juvenile adjudication.

3. In a proceeding under title 36, chapter 37.

J. If the conviction or adjudication of a person who
is subject to this section or section 8-238 is overturned on appeal or
postconviction relief and a final mandate has been issued, on petition of the
person to the superior court in the county in which the conviction occurred,
the court shall order that the person's deoxyribonucleic acid profile resulting
from that conviction or adjudication be expunged from the Arizona
deoxyribonucleic acid identification system established by section 41-2418
unless the person has been convicted or adjudicated delinquent of another
offense that would require the person to submit to deoxyribonucleic acid
testing pursuant to this section.

K. If a person is arrested for any offense listed in
subsection O, paragraph 3 of this section and is transferred by the arresting
authority to a state, county or local law enforcement agency or jail, the
arresting authority or its designee shall secure a sufficient sample of buccal
cells or other bodily substances for deoxyribonucleic acid testing and
extraction from the person for the purpose of determining identification
characteristics. The arresting authority or its designee shall transmit the
sample to the department of public safety.

L. A person who is charged with a felony or
misdemeanor offense listed in subsection O, paragraph 3 of this section and who
is summoned to appear in court for an initial appearance shall report within
five days of release on bail or on the person's own recognizance to the law
enforcement agency that investigated the person or its designee and submit a
sufficient sample of buccal cells or other bodily substances for
deoxyribonucleic acid testing and extraction. The arresting authority or its designee
shall transmit the sample to the department of public safety.

M. A person who is subject to subsection K or L of
this section or section 8-238 may petition the superior court in the
county in which the arrest occurred or the criminal charge was filed to order
that the person's deoxyribonucleic acid profile and sample be expunged from the
Arizona deoxyribonucleic acid identification system, unless the person has been
arrested, charged with or convicted of or adjudicated delinquent
of

for
another offense that would require the person to
submit to deoxyribonucleic acid testing pursuant to this section, if any of the
following applies:

1. The criminal charges are not filed within the
applicable period prescribed by section 13-107.

2. The criminal charges are dismissed.

3. The person is acquitted at trial.

N. If any sample that is submitted to the department
of public safety under this section or section 8-238 is found to be
unacceptable for analysis and use or cannot be used by the department, the
department shall require that another sample of blood or other bodily
substances be secured pursuant to this section.

O. This section applies to persons who are:

1. Convicted of any felony offense.

2. Adjudicated delinquent for any of the following
offenses:

(a) A violation or an attempt to violate any offense
in chapter 11 of this title, any felony offense in chapter 14 or 35.1 of this
title or section 13-1507, 13-1508 or 13-3608.

(b) Any offense for which a person is required to
register pursuant to section 13-3821.

(c) A violation of any felony offense in chapter 34
of this title that may be prosecuted pursuant to section 13-501,
subsection B
, paragraph 2
.

(d) A violation of any
felony

offense that is listed in section 13-501
, subsection A or
any felony offense that may be prosecuted pursuant to section 13-501,
subsection B
.

3. Arrested for a violation of any offense in
chapter 11 of this title, a violation of section 13-1402, 13-1403,
13-1404, 13-1405, 13-1406, 13-1410, 13-1411, 13-1417,
13-1507, 13-1508, 13-3208, 13-3214, 13-3555 or 13-3608
or a violation of any serious offense as defined in section 13-706 that is a
dangerous offense.
END_STATUTE

Sec. 8. Section 13-1206, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-1206.

Dangerous or deadly assault by prisoner or juvenile;
classification

A person, while in the custody of the state department of
corrections, the department of juvenile corrections, a law enforcement agency
or a county or city jail, who commits an assault involving the discharge, use
or threatening exhibition of a deadly weapon or dangerous instrument or who
intentionally or knowingly inflicts serious physical injury
upon

on
another person is guilty of a class 2 felony. If the
person is an adult or is a juvenile convicted as an adult pursuant to section
8-327 or
13-501 or the rules of procedure for the
juvenile court, the person
shall

is

not
be
eligible for suspension of sentence, probation,
pardon or release from confinement on any basis until the sentence imposed by
the court has been served or commuted. A sentence imposed pursuant
to this section shall be consecutive to any other sentence presently being
served by the convicted person.
END_STATUTE

Sec. 9. Section 13-3967, Arizona Revised Statutes,
is amended to read:

START_STATUTE
13-3967.

Release on bailable offenses before trial; definition

A. At his appearance before a judicial officer, any
person who is charged with a public offense that is bailable as a matter of
right shall be ordered released pending trial on his own recognizance or on the
execution of bail in an amount specified by the judicial officer.

B. In determining the method of release or the
amount of bail, the judicial officer, on the basis of available information,
shall take into account all of the following:

1. The views of the victim.

2. The nature and circumstances of the offense
charged.

3. Whether the accused has a prior arrest or
conviction for a serious offense or violent or aggravated felony as defined in
section 13-706 or an offense in another state that would be a serious
offense or violent or aggravated felony as defined in section 13-706 if
committed in this state.

4. Evidence that the accused poses a danger to
others in the community.

5. The results of a risk or lethality assessment in
a domestic violence charge that is presented to the court.

6. The weight of evidence against the accused.

7. The accused's family ties, employment, financial
resources, character and mental condition.

8. The results of any drug test submitted to the
court.

9. Whether the accused is using any substance if its
possession or use is illegal pursuant to chapter 34 of this title.

10. Whether the accused violated section 13-3407,
subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine or section 13-3407.01.

11. The length of residence in the community.

12. The accused's record of arrests and convictions.

13. The accused's record of appearance at court
proceedings or of flight to avoid prosecution or failure to appear at court
proceedings.

14. Whether the accused has entered or remained in
the United States illegally.

15. Whether the accused's residence is in this
state, in another state or outside the United States.

C. If a judicial officer orders the release of a
defendant who is charged with a felony either on his own recognizance or on
bail, the judicial officer shall condition the defendant's release on the
defendant's good behavior while so released. On a showing of
probable cause that the defendant committed any offense during the period of
release, a judicial officer may revoke the defendant's release pursuant to
section 13-3968.

D. After providing notice to the victim pursuant to
section 13-4406, a judicial officer may impose any of the following
conditions on a person who is released on his own recognizance or on bail:

1. Place the person in the custody of a designated
person or organization agreeing to supervise him.

2. Place restrictions on the person's travel,
associates or place of abode during the period of release.

3. Require the deposit with the clerk of the court
of cash or other security, such deposit to be returned on the performance of
the conditions of release.

4. Prohibit the person from possessing any deadly
weapon or engaging in certain described activities or indulging in intoxicating
liquors or certain drugs.

5. Require the person to report regularly to and
remain under the supervision of an officer of the court.

6. Impose any other conditions deemed reasonably
necessary to assure appearance as required including a condition requiring that
the person return to custody after specified hours.

E. In addition to any of the conditions a judicial
officer may impose pursuant to subsection D of this section, the judicial
officer shall impose both of the following conditions on a person who is
charged with a felony violation of chapter 14 or 35.1 of this title or section
13-3212 and who is released on his own recognizance or on bail:

1. Electronic monitoring where available.

2. A condition prohibiting the person from having
any contact with the victim.

F. The judicial officer who authorizes the release
of the person charged on his own recognizance or on bail shall do all of the
following:

1. Issue an appropriate order containing statements
of the conditions imposed.

2. Inform the person of the penalties that apply to
any violation of the conditions of release.

3. Advise the person that a warrant for his arrest
may be issued immediately on any violation of the conditions of release,
including the failure to submit to deoxyribonucleic acid testing ordered
pursuant to paragraph 4 of this subsection.

4. If the person is charged with a felony or
misdemeanor offense listed in section 13-610, subsection O, paragraph 3
and is summoned to appear, order the person to report within five days to the
law enforcement agency that arrested the person or to the agency's designee and
submit a sufficient sample of buccal cells or other bodily substances for
deoxyribonucleic acid testing and extraction. If a person does not
comply with an order issued pursuant to this paragraph, the court shall revoke
the person's release.

G. At any time after providing notice to the victim
pursuant to section 13-4406, the judicial officer who orders the release
of a person on any condition specified in this section or the court in which a
prosecution is pending may amend the order to employ additional or different
conditions of release, including either an increase or reduction in the amount
of bail. On application, the defendant shall be entitled to have the conditions
of release reviewed by the judicial officer who imposed them or by the court in
which the prosecution is pending. Reasonable notice of the application shall be
given to the county attorney and the victim.

H. Any information that is stated or offered in
connection with any order pursuant to this section need not conform to the
rules pertaining to admissibility of evidence in a court of law.

I. This section does not prevent the disposition of
any case or class of cases by forfeiture of bail or collateral security if such
disposition is authorized by the court.

J. A judicial officer who orders the release of a
juvenile who is enrolled in a school and who has been transferred to the
criminal division of the superior court pursuant to section
8-327

13-501
or who has been charged as an adult pursuant
to section 13-501 shall notify the appropriate school on the release of
the juvenile from custody.

K. For the purposes of this section and section 13-3968,
"judicial officer" means any person or court authorized pursuant to
the constitution or laws of this state to bail or otherwise release a person
before trial or sentencing or pending appeal.
END_STATUTE

Sec. 10. Section 36-520, Arizona Revised Statutes,
is amended to read:

START_STATUTE
36-520.

Application for evaluation; definition

A. Any responsible individual may apply for a court-ordered
evaluation of a person who is alleged to be, as a result of a mental disorder,
a danger to self or to others or a person with a persistent or acute disability
or a grave disability and who is unwilling or unable to undergo a voluntary
evaluation. The application shall be made in the prescribed form and
manner as adopted by the director.

B. The application for evaluation shall include the
following, if known:

1. The name and address of the proposed patient for
whom evaluation is applied.

2. The age, date of birth, sex, race, marital
status, occupation, social security number, present location, dates and places
of previous hospitalizations, names and addresses of the guardian, agent under
a health care power of attorney or mental health care power of attorney,
spouse, next of kin and significant other persons and other data that the
director may require on the form to whatever extent that this data is known and
is applicable to the proposed patient.

3. The name, address and relationship of the person
who is applying for the evaluation.

4. A statement that the proposed patient is
exhibiting behaviors that may be consistent with a mental disorder and is
believed to be, as a result of a mental disorder, a danger to self or to others
or a patient with a persistent or acute disability or a grave disability and
the facts on which this statement is based.

5. A statement from the applicant of whether the
applicant believes that the proposed patient is or is not willing or able to
undergo voluntary evaluation and the facts on which this statement is based.

6. A statement of the proposed patient's relevant
history of mental health diagnosis, treatment recommended or provided and
compliance with the treatment recommended or provided.

7. A statement that the applicant believes the
proposed patient is in need of screening, evaluation, supervision, care and
treatment and the facts on which this statement is based.

8. Copies of all documents relating to guardianship
or powers of attorney that allow the guardian or agent to consent to inpatient
psychiatric treatment, which shall be attached to the application if available
at the time of the application.

9. A statement by the applicant of whether the
applicant believes that, without a period of inpatient observation,
stabilization and assessment or emergency inpatient psychiatric
hospitalization, the proposed patient is likely to cause or endure serious
physical harm or injury and the facts supporting that statement.

10. To the extent known, the names and contact
information of persons other than the applicant who have witnessed the behavior
exhibited by the proposed patient on which the application is
based. The screening agency may not deny or refuse to process an
application because no other witnesses have been identified.

C. The application shall be signed and
notarized. For an application made by a peace officer or a health
care professional who is licensed pursuant to title 32, chapter 13, 15, 17 or
19.1, a copy of the application that contains the applicant's original
signature is acceptable, does not have to be notarized and may be submitted as
the written application.

D. The screening agency shall offer assistance to
the applicant in preparation of the application. On receipt of the
application, the screening agency shall immediately note on the front of the
application the time and date of receipt, shall log this information in a
record of applications received by the screening agency and shall act as
prescribed in section 36-521 within forty-eight hours after the
filing of the application, excluding weekends and holidays. If the
application is not acted on within forty-eight hours, excluding weekends
and holidays, the reasons for not acting promptly shall be reviewed by the
director of the screening agency or the director's designee and the reasons
shall be stated in the report required by section 36-521, subsection B.

E. If the applicant for the court-ordered
evaluation presents the person to be evaluated at the screening agency, the
agency shall conduct a prepetition screening examination. Except in
the case of an emergency evaluation, the person to be evaluated shall not be
detained or forced to undergo prepetition screening against the person's will.

F. In the course of conducting a prepetition
screening, the screening agency shall accept and consider information relevant
to the present behavior and past behavioral health history of the proposed
patient from persons who have a significant relationship with the proposed
patient, including family members and guardians.

G. If the applicant for the court-ordered
evaluation does not present the person to be evaluated at the screening agency,
the agency shall conduct the prepetition screening at the home of the person to
be evaluated or any other place the person to be evaluated is
found. If prepetition screening is not possible, the screening
agency shall proceed as prescribed in section 36-521, subsection B.

H. If a person is being treated by prayer or
spiritual means alone in accordance with the tenets and practices of a
recognized church or religious denomination by a duly accredited practitioner
of that church or denomination, the person may not be ordered evaluated,
detained or involuntarily treated unless the court has determined that the
person is, as a result of mental disorder, a danger to others or to self.

I. If the application is not acted on because it has
been determined that the proposed patient does not need an evaluation, the
medical director of the screening agency or the medical director's designee
shall make a written statement of the reasons why the proposed patient does not
need an evaluation and shall retain the application together with the medical
director's statement and any records or reports concerning prepetition
screening required pursuant to section 36-521.

J. If the screening agency determines that the
application should be denied or if the application is accepted but the
screening agency declines to file a petition for court-ordered
evaluation, the screening agency shall comply with the requirements of section
36-521, subsection C. If the screening of the proposed patient took
place in a facility operated by the screening agency, the screening agency
shall attempt to notify the applicant that the screening agency intends to
release the proposed patient. The screening agency shall document
the time and method of the notification or an unsuccessful attempt to notify
the applicant. If requested by the applicant, the medical director
of the screening agency or the medical director's designee shall provide the
reason for the denial of the application or the decision not to file a petition
for court-ordered evaluation if either:

1. The disclosure is not opposed by the person who
was screened.

2. The person who was screened is deemed to lack
capacity to make the decision to allow the disclosure and the disclosure is
deemed to be in the person's best interest.

K. For the purposes of this section,
"person" includes a person who:

1. Is under eighteen years of age.

2. Has been transferred to the criminal division of
the superior court pursuant to section
8-327

13-501
or who has been charged with an offense pursuant
to section 13-501.

3. Is under the supervision of an adult probation
department.
END_STATUTE