Professional Documents
Culture Documents
Juveniles Processed
In the Arizona
Court System
FY 2005
JULY 1, 2004 - JUNE 30, 2005
JUVENILE JUSTICE SERVICES DIVISION
Research & Information Unit | Suite 337 | 602.542.9743
TO
BOBBIE CHINSKY
Leader
Visionary
DEDICATION
Special thanks to the JOLTS Coordinators, Directors, and staff for their diligence
in ensuring quality data for this report.
TABLE OF CONTENTS
JUVENILES PROCESSED IN THE ARIZONA SUPERIOR COURT SYSTEM, FY05
Juveniles Referred..............................................................................................................9
Notes ..............................................................................................................................50
i
LIST OF TABLES, GRAPHS & CHARTS
JUVENILES PROCESSED IN THE ARIZONA SUPERIOR COURT SYSTEM, FY05
Introduction/Trends
Juvenile Justice Flow Chart............................................................................................4
Arizona Juvenile Court Activity FY04...............................................................................5
Referrals, Petitions Filed, Juveniles Referred and Juveniles Petitioned, FY 1999 - 2005......6
The Number of Juveniles Dispositioned to Probation, Intensive Probation,
ADJC and Adult Court: Fiscal Years 1999 - 2005.......................................................7
Pathways for Juveniles Transferred and/or Direct Filed in Adult Court: FY 1999 - 2005 .....8
Juveniles Referred
County .........................................................................................................................9
Gender.......................................................................................................................10
Age............................................................................................................................10
Ethnicity.....................................................................................................................10
Education Status.........................................................................................................10
Severity of Most Serious Offense .................................................................................11
Offense Class of Most Serious Offense .........................................................................11
Number of Prior Referrals............................................................................................11
Five Year Trend ..........................................................................................................11
Top Ten Referral Categories ........................................................................................12
Juveniles Detained
County .......................................................................................................................13
Gender.......................................................................................................................14
Age............................................................................................................................14
Ethnicity.....................................................................................................................14
Education Status.........................................................................................................14
Severity of Most Serious Offense .................................................................................15
Offense Class of Most Serious Offense .........................................................................15
Number of Prior Referrals............................................................................................15
Five Year Trend ..........................................................................................................15
Juveniles Diverted
County .......................................................................................................................16
Gender.......................................................................................................................17
Age............................................................................................................................17
Ethnicity.....................................................................................................................17
Education Status.........................................................................................................17
Severity of Most Serious Offense .................................................................................18
Offense Class of Most Serious Offense .........................................................................18
Number of Prior Referrals............................................................................................18
Five Year Trend ..........................................................................................................18
ii
Juveniles with Petitions Filed (continued)
Age............................................................................................................................20
Ethnicity.....................................................................................................................20
Education Status.........................................................................................................20
Severity of Most Serious Offense .................................................................................21
Offense Class of Most Serious Offense .........................................................................21
Number of Prior Referrals............................................................................................21
Five Year Trend ..........................................................................................................21
iii
Juveniles with Dispositions to JIPS (continued)
Number of Prior Referrals............................................................................................33
Five Year Trend ..........................................................................................................33
iv
FY 2005
Introduction/Trends for
Juveniles Processed in the
Arizona Court System
FY99-FY05
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
Introduction
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
This report has changed somewhat in format and content from previous years.
Specific content changes included the addition of the top ten referral offenses 1
and last year’s special topic, gender, is replicated for another year.
Not all juveniles processed entered the system during this fiscal year, as some
may have entered the previous fiscal year but received a disposition during this
fiscal year. Therefore, the juveniles included in this report were all processed at
least at one point in the system during this year. That is, one or more of the
stages presented in this report happened during the year. The juveniles were
referred, detained, diverted, petitioned, had at least one disposition from the
court, and/or were direct filed in and/or transferred to adult court, at one point
during FY05.
1
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
The flow chart of the juvenile justice system in this section of the report is
followed by a chart entitled Arizona Juvenile Court Activity FY05 that illustrates
selected stages within the juvenile justice system and the number of juveniles
processed at each of these stages. In the Arizona Juvenile Court Activity FY05
chart, all stages show both duplicated and unduplicated counts of juveniles.
Since a juvenile may receive more than one referral in a given year and more
than one referral may have the same disposition, the number of referrals and the
number of juveniles at each stage will not be the same. Thus, the number of
referrals gives a sense of the workload generated by these juveniles at each
stage.
Several graphs are included in this section to portray trends over the past seven
years. The first series of graphs shows data on referrals, juveniles referred,
petitions filed and juveniles with petitions filed. Referrals may include more than
one referral for a youth, whereas the juveniles referred figure shows the number
of unique youth. The same distinction is made between petitions filed (includes
counts of multiple petitions per youth) and juveniles with petitions filed
(unduplicated). The second series of graphs shows the number of juveniles in
each of four dispositions for each of the past seven years. The number for each
disposition is unduplicated, but, if a youth experienced more than one disposition
during the year, he or she would be counted once in each disposition category.
The last graph shows the pathways to adult court: judicial transfer, mandatory
direct file, mandatory prior conviction direct file, chronic direct file, and
discretionary direct file. Each pathway reflects the number of juveniles who were
sent to adult court through that particular channel. While the number of juveniles
in each pathway is unduplicated, a juvenile may appear in more than one
pathway.
In addition to this annual report, other reports are available that describe some of
the stages included in this report. For example, the Juvenile Justice Services
Division also publishes the Juvenile Intensive Probation Supervision (JIPS)
Annual Report. Several special reports have also been completed over the past
several years summarizing studies of specific juvenile programs or issues.
These studies include:
2
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
3
This page intentionally left blank.
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
Delinquent/Incorrigible
Act
No Petitions Filed
Adjust after
Diversion
Consequences
Petition Filed in
Juvenile Court
Commitment to
Probation Standard/
Other Sanctions AZ Department of
Intensive
Juvenile Corrections
4
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
Intake: Received by
Probation Department
73,116 Referrals
48,436 Juveniles
Diversion Petitions Filed Transfer to Adult Court Direct Filed in Adult Court
22,418 Referrals 30,066 Petitions 111 Referrals 452 Referrals
20,309 Juveniles 18,329 Juveniles 95 Juveniles 402 Juveniles
5
Referrals, Petitions Filed and Juveniles Referred and Petitioned
Fiscal Years 1999 - 2005
90,000
79,657 77,302
77,651 77,551 76,051
75,027 73,116
75,000
60,000
51,274 50,399 49,878
48,246 48,534 49,588
48,436
45,000
33,280 33,099
29,669 31,495 31,008 30,066
29,537
30,000
0
FY99 FY00 FY01 FY02 FY03 FY04 FY05
1. Data through FY03 obtained from Juveniles Processed in the Arizona Court System.
2. Data for FY04 and FY05 obtained from a linear regression using total annual numbers of referrals, juveniles referred, petitions, juveniles
petitioned, diversions and juveniles diverted. Cautious interpretation is advised because of the small number of data points available for the analysis.
6
The Number of Juveniles Dispositioned to Probation, Intensive Probation, ADJC and
Adult Court - Fiscal Years 1999 - 2005
12,000
10,830 11,039 10,870
10,244
8,000
6,000
4,000
2,572 2,552 2,549 2,512 2,432 2,265
2,193
2,000 1,345 1,290 1,081 1,018 926 884
863
924 813 497
677 641 565 498
0
FY99 FY00 FY01 FY02 FY03 FY04 FY05
7
Pathways for Juveniles Transferred and/or Direct Filed in Adult Court
2
Fiscal Years 1999 - 2005
350
329
300 321
283
255
250 263
222
227
200 220 195
111 99 97 105
100 89 95
80
65 65 61
57
45
50 35
43 46 40 26
41 14
0
FY99 FY00 FY01 FY02 FY03 FY04 FY05
8
This page intentionally left blank.
9
FY 2005
Juveniles Referred
ARIZONA SUPERIOR COURT SYSTEM, FY05
9
JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
10
JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
Juveniles Referred
60,000
40,000
30,000
FY01 FY02 FY03 FY04 FY05
11
JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
This is the second year that Top Ten Referral Categories FY05
Juveniles Processed has reported
Probation Violation 7,099 9.71%
on the Top Ten Referral Offenses
for the state. Shoplifting-Misdemeanor 6,266 8.57
Truancy 5,493 7.51
In FY05, violation of probation was Runaway 4,103 5.61
the most common referral category. Marijuana Possession 3,656 5.00
This suggests that Arizona’s Curfew 3,539 4.84
juvenile probation departments are
Alcohol 3,276 4.48
holding juveniles accountable.
Assault – Simple 2,635 3.60
Over the past five years, there has Disorderly Conduct 2,459 3.36
been no change in the categories Assault – Domestic Violence 1,946 2.66
of the top ten offenses, only TOTAL TOP TEN REFERRALS 40,472 55.35
changes in rank order.
TOTAL ALL REFERRALS 73,116 100.0
Explanations of the categories can
be found in the Notes section.1
12
FY 2005
Juveniles Detained
by the Juvenile Court
JUVENILES DETAINED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
Juveniles Detained
ARIZONA SUPERIOR COURT SYSTEM, FY05
13
JUVENILES DETAINED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
14
JUVENILES DETAINED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
Juveniles Detained
18,000
13,594 13,660
12,913 12,688
14,000 12,079
10,000
6,000
2,000
FY01 FY02 FY03 FY04 FY05
15
This page intentionally left blank.
FY 2005
Juveniles Diverted
JUVENILES DIVERTED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
Juveniles Diverted
ARIZONA SUPERIOR COURT SYSTEM, FY05
16
JUVENILES DIVERTED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
17
JUVENILES DIVERTED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
Juveniles Diverted
26,000
22,305 22,480
21,923
20,877
22,000
20,309
18,000
14,000
10,000
FY01 FY02 FY03 FY04 FY05
18
This page intentionally left blank.
FY 2005
Juveniles with
Petitions Filed
JUVENILES WITH PETITIONS FILED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
PETITIONS FILED
ARIZONA SUPERIOR COURT SYSTEM, FY05
19
JUVENILES WITH PETITIONS FILED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
20
JUVENILES WITH PETITIONS FILED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
Juveniles Petitioned
25,000
19,983
20,000 18,329
17,903
19,036
18,799
15,000
10,000
FY01 FY02 FY03 FY04 FY05
21
This page intentionally left blank.
FY 2005
JUVENILES DISMISSED
ARIZONA SUPERIOR COURT SYSTEM, FY05
22
JUVENILES DISMISSED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
23
JUVENILES DISMISSED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
Dismissed
9,000
8,302
7,968
8,000
7,000
6,000
FY01 FY02 FY03 FY04 FY05
24
This page intentionally left blank.
FY 2005
PENALTY ONLY
JUVENILES WITH DISPOSITIONS OF PENALTY ONLY IN FY05
25
JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
26
JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
Penalty Only
800
652
400
200
0
FY01 FY02 FY03 FY04 FY05
27
This page intentionally left blank.
FY 2005
STANDARD PROBATION
JUVENILES WITH DISPOSITIONS OF STANDARD PROBATION IN FY05
28
JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN FY05
29
JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN FY05
Standard Probation
12,000
10,870
11,039 10,043
10,000 10,244
10,524
8,000
6,000
FY01 FY02 FY03 FY04 FY05
30
This page intentionally left blank.
FY 2005
JIPS
JUVENILES WITH DISPOSITIONS OF JIPS IN FY05
31
JUVENILES WITH DISPOSITION OF JIPS IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
32
JUVENILES WITH DISPOSITION OF JIPS IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY05
3,000
2,549 2,512
2,432
2,500 2,265 2,193
2,000
1,500
1,000
FY01 FY02 FY03 FY04 FY05
33
This page intentionally left blank.
FY 2005
ADJC
JUVENILES WITH DISPOSITIONS TO ADJC IN FY05
34
JUVENILES WITH DISPOSITIONS TO ADJC IN FY05
35
JUVENILES WITH DISPOSITIONS TO ADJC IN FY05
1,081
900 1,018
926 884 863
600
300
0
FY01 FY02 FY03 FY04 FY05
36
JUVENILES WITH DISPOSITIONS TO ADJC IN FY05
Juveniles Processed counts juveniles during the Fiscal Year who received a
Judicial Decision to place them or award them to the Arizona Department of
Juvenile Corrections. Thus, three groups of juveniles are counted: 1.)
Juveniles who are new commitments to ADJC 2.) Juveniles who were
committed during a prior time frame and during FY05 received an additional
decision to commit or award the juvenile to ADJC and 3.) Juveniles who were
previously discharged from ADJC and were again committed to ADJC.
37
FY 2005
38
JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY05
*The number of juveniles in these tables is a duplicated count. A youth could be counted twice
because of the possibility of being both direct filed and transferred to adult court during a single fiscal
year.
39
JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY05
40
JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY05
41
JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY05
800
588
542
600
468
393 402
400
200
0
FY01 FY02 FY03 FY04 FY05
42
This page intentionally left blank.
JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY05
43
JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY05
44
JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY05
110 105
99
97
100 95
89
90
80
FY01 FY02 FY03 FY04 FY05
45
This page intentionally left blank.
FY 2005
Gender
SPECIAL TOPIC: GENDER FY05
46
SPECIAL TOPIC: GENDER FY05
47
SPECIAL TOPIC: GENDER FY05
Referrals by Gender
FY2001 to FY2005
45,000
40,000
34,199
33,178 32,778 33,131
35,000 31,582
30,000
25,000
15,000
2001 2002 2003 2004 2005
Male Female
48
This page intentionally left blank.
FY 2005
900000
800000
700000
600000
995,634
971,288
500000
946,943
922,597
898,251
873,905
400000
849,559
833,751
812,737
789,948
752,924
300000
515,429
539,719
563,129
585,659
607,308
624,535
648,509
668,233
682,014
713,624
200000
100000
0
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
1995 - 1999 Population Estimates: Arizona Department of Economic Security, Research Administration, Population Statistics Unit.
2000 Population Estimate: US Census Bureau, Single Age Estimates
2001 - 2010 Population Projections: Constructed using Linear Regression Model by AOC/JJSD.
49
This page intentionally left blank.
FY 2005
Notes
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
NOTES
JUVENILES PROCESSED FY05
2. The number of juveniles in each stage is an unduplicated count. Juveniles at each stage
are counted once. A juvenile could be counted more than once if assigned more than
one disposition during the fiscal year. For example, if a juvenile was diverted and later
placed on probation for a new offense in the same year, the juvenile would be counted
twice, once for diversion and once for probation. Additionally, because the unique
identifiers for juveniles are county specific a juvenile could be reflected in more than one
county.
The only exceptions to the unduplicated count of juveniles at each stage are the tables
“Pathways for Juveniles Filed in Adult Court FY05” and “County: Direct Filed and
Transferred to Adult Court FY05". In these tables, if a juvenile is direct filed and
transferred, the juvenile would be counted twice, once for any transfer and once for any
direct file.
50
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
Historical data presented are as previously reported in Juveniles Processed with the
exception of adult court data. Adult Court data are dynamic and therefore, are rerun for
the current Juveniles Processed. Although we endeavor to capture all Direct Filed
juveniles, some Direct Filed juveniles may not be reflected in Juveniles Processed data.
3. Specific definitions of each severity category include, but are not limited to:
Public Peace (Felonies and Misdemeanors) - Aggravated DUI, alcohol under age
consumption, carry concealed weapon, child neglect, commercial sex, contributing
delinquency of minor, crime against nature, cruelty to animals, disorderly conduct,
disturbing the peace, DUI, eavesdropping, false reporting, failure to stop, firework
violation, gambling/gaming, harassment, indecent exposure, obscenity, prostitution,
reckless burning, reckless driving, riot, public sexual indecency, speeding, traffic
offenses, trespassing, criminal trespassing, unlawful assembly, weapons offenses,
discharge firearm.
Misdemeanors against property - Criminal damage, issue bad check, shoplifting, and
theft.
51
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
Bartsch, David and Noriega, Donna. Juvenile Justice Treatment Evaluation Pilot Project
Outcomes Report. Phoenix, AZ: Arizona Supreme Court, Administrative Office of the
Courts, Juvenile Justice Services Division, July, 1999.
LeCroy, Craig W., Ashford, Jose B., Krysik, J., and Milligan, K. B. Initial Evaluation of
Treatment Services for Juveniles Receiving Treatment in Arizona from January 1,
1994 to June 30, 1994. Phoenix, AZ. A report prepared for the Administrative Office
of the Courts, Juvenile Justice Services Division, May, 1997.
LeCroy, Craig W., Krysik, Judy, and Palumbo, Dennis. Empirical Validation of the Arizona
Risk/Needs Instrument and Assessment Process. Phoenix, AZ. A report prepared for
the Administrative Office of the Courts, Juvenile Justice Services Division, December,
1998.
Salk, Elliot. Treatment Evaluation Pilot Project Final Report. Phoenix, AZ: A report
prepared for the Administrative Office of the Courts, Juvenile Justice Services
Division, June, 1999.
Saizow, Hildy & Welch, Nancy. Choices on the Edge: Maryvale Community Assessment. A
report prepared for the Arizona Building Blocks Initiative, Arizona Supreme Court,
Administrative Office of the Courts, September, 2003.
Snyder, Howard N. Juvenile Arrests 2000. Office of Juvenile Justice and Delinquency
Prevention, November 2002.
52
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
Vicki Romero & Associates, Inc. Survey of Arizona Juvenile Justice Service Providers:
Final Report. A report prepared for the Administrative Office of the Courts, Juvenile
Justice Services Division, August, 1995.
7. Data on dispositions to Standard Probation and JIPS include juveniles who are continued
on Standard Probation and JIPS.
53
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
8. Commitment Guidelines:
1. When considering the commitment of a juvenile to the care and custody of
ADJC, the juvenile court shall:
a. Only commit those juveniles who are adjudicated for a delinquent act
and whom the court believes require placement in a secure care facility
for the protection of the community;
b. Consider commitment to ADJC as a final opportunity for rehabilitation of
the juvenile, as well as a way of holding the juvenile accountable for a
serious delinquent act or acts;
c. Give special consideration to the nature of the offense, the level of risk
the juvenile poses to the community, and whether appropriate less
restrictive alternatives to commitment exist within the community; and
d. Clearly identify, in the commitment order, the offense or offenses for
which the juvenile is being committed and any other relevant factors
that the court determines as reasons to consider the juvenile a risk to
the community.
2. The juvenile court shall not consider juveniles for commitment to ADJC when
charged with an incorrigible offense(s) or a violation of a court order while
under protective supervision for an incorrigible offense.
54
This page intentionally left blank.
FY 2005
Glossary
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
GLOSSARY
JUVENILE JUSTICE TERMS
Adjudication Hearing. In the juvenile court, the adjudication hearing is the proceeding in
which a juvenile is found to be a delinquent, incorrigible or dependent youth. The hearing is
relatively formal and is attended by the judicial officer, county attorney, defense attorney and
the juvenile. The parents/guardians and a juvenile probation officer may also attend, along
with any victims or witnesses required. The adjudication hearing is sometimes compared to the
trial process in adult court, without the jury. In some respects, an "adjudication" for a
delinquent offense is the juvenile court's equivalent of a "criminal conviction" in adult court.
Adult Court. Adult court has been defined in statute as the appropriate justice court,
municipal court or criminal division of Superior Court with jurisdiction to hear offenses
committed by juveniles. The new law specifies that juveniles who commit certain offenses, are
chronic felony offenders, or have historical prior convictions, must be prosecuted in the adult
court and if convicted, are subject to adult sentencing laws.
Adult Probation. Adult probation is a function of the judicial branch of government, and has
as its primary responsibility the community-based supervision of adults convicted of criminal
offenses who are not sentenced to prison. Juveniles prosecuted as adults and who are placed
on probation, are placed on adult probation.
Chronic Felony Offender. A chronic felony offender is statutorily defined as a juvenile who
on two prior separate occasions was adjudicated delinquent for an offense that would have
been comparable to a felony offense had the juvenile been prosecuted as an adult, and who
commits a third felony offense. The county attorney is required by statute to bring criminal
prosecution in adult court against all juveniles 15 years of age or older who are charged with
committing a third felony offense. The county attorney has discretion to also indict 14-year-old
juveniles as chronic felony offenders and to prosecute them as adults.
Community-Based Alternative Program (CBAP). As used in Senate Bill 1446 and the new
juvenile statutes, Community-Based Alternative Programs are not specifically defined. However,
the term "CBAP" has been used generally in reference to citizen boards established throughout
local communities by county attorneys and/or juvenile courts. In cases where the county
attorney has authorized "diversion," the juvenile and his parent(s) or guardian(s) may be
referred to a CBAP, where the panel of citizens will review the offense, question the juvenile
and issue a consequence. The fundamental intent of this type of Community-Based Alternative
Program is to increase citizen involvement in the juvenile justice process.
55
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
Discretionary Filings. The statutes permit the county attorney to bring criminal prosecution
in adult court if the juvenile is 14 years of age or older and is accused of the serious, chronic
and violent offenses enumerated in the law that warrant mandatory adult prosecution for
juveniles 15 years of age or older. In addition, criminal prosecution may be brought against
any juvenile with a prior conviction in adult court. Essentially, county attorneys have full
discretion in these instances to file a petition in juvenile court or to seek adult prosecution.
Diversion. Diversion is a process by which formal court action (prosecution) is averted. The
diversion process is an opportunity for youth to admit their misdeeds and to accept the
consequences without going through a formal adjudication and disposition process. By statute,
the county attorney has sole discretion to divert prosecution for juveniles accused of committing
any incorrigible or delinquent offense.
Incorrigible Youth. Juveniles who commit offenses which would not be considered crimes if
they were committed by adults are called status offenders (incorrigible youth). Typically,
incorrigible youth are juveniles who refuse to obey the reasonable and proper directions of their
parents or guardians. Juveniles who are habitually truant from school, run away from home, or
violate curfew are considered to be incorrigible.
56
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
Intake. Intake occurs when a youth is referred to the juvenile probation department with a
delinquent or incorrigible charge. Intake staff determine if a youth is eligible for diversion, per
the county attorney's criteria, or whether the juvenile must be referred to the county attorney
for possible prosecution. Intake officers meet with the juveniles and their parents, coordinate
diversion consequences and issue reports to the court and county attorney.
Mandatory Offenses. The statutes mandate that certain serious, violent and chronic
offenses, when committed by juveniles of a certain age, must be prosecuted in the adult
criminal division of Superior Court. These "mandatory offenses" coincide with the crimes now
enumerated in the State Constitution, as amended through the provisions of Proposition 102
and approved by Arizona voters at the 1996 general election.
Parole. This term refers only to those juveniles who have been committed to ADJC and are
then placed on juvenile "parole" upon their release. Juvenile parole is normally considered to
be "conditional liberty." Parole is an executive branch function.
Petition. A "petition" is a legal document filed in the juvenile court alleging that a juvenile is a
delinquent, incorrigible, or a dependent child and requesting that the court assume jurisdiction
over the youth. The petition initiates the formal court hearing process of the juvenile court.
The county attorney, who determines what charges to bring against the juvenile, prepares the
delinquent or incorrigibility petition.
Referrals. Referrals can be made by police, parents, school officials, probation officers or
other agencies or individuals requesting that the juvenile court assume jurisdiction over the
juvenile's conduct. Referrals can be "paper referrals" issued as citations or police reports or
"physical referrals" as in an actual arrest and custody by law enforcement. Juveniles may have
multiple referrals during any given year or over an extended period of time between the ages of
8-17. Multiple referrals typically signal high risk, even when the referrals are for numerous
incorrigible or relatively minor offenses.
Standard Probation. A program for the supervision of juveniles placed on probation by the
court. These juveniles are under the care and control of the court and are supervised by
probation officers.
57
JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY05
Transfer Hearing: A transfer hearing is held when the county attorney requests that the
juvenile court consider transferring its jurisdiction of the juvenile to the adult criminal division of
Superior Court. The juvenile court judge may decide to waive or retain jurisdiction in such
matters based on A.R.S. §8-327, but must state on the official court record the reasons for the
decision.
58
Produced and Published by
Arizona Supreme Court
Administrative Office of the Courts Juvenile Justice Services Division
1501 W. Washington, Suite 337 Phoenix, Arizona 85007-3231
(602) 542-9443
www.supreme.state.az.us/jjsd
This publication can be provided in an alternative format upon request to assist persons with
disabilities under the provisions of the Americans with Disabilities Act.