Court Rules | Ariz. R. Juv. P. 32 | 2018
A. Initiation. The juvenile probation officer responsible for supervising the juvenile or the prosecutor may petition the court to revoke probation if there is probable cause to believe that the juvenile has violated a condition or regulation of probation. The prosecutor shall represent the state in any revocation of probation proceeding. On request of the victim, the court shall notify the victim of any probation revocation disposition proceeding and shall afford the victim the opportunity to be heard, as provided by law.
B. Petition. The petition shall be entitled "Petition to Revoke Probation," shall state the substance of the conduct which is alleged to have violated the conditions or regulations previously imposed and in all other respects shall conform to Rule 24(A).
1. Notice to appear. After the petition to revoke probation has been filed, the juvenile and the parent, guardian or custodian shall be notified in writing to appear before the court. The notice shall compel the attendance of the juvenile and the parent, guardian or custodian or other persons having custody of the juvenile. Upon a showing of good cause, the court may waive the appearance of the parent, guardian or custodian, as provided by law. The notice to appear shall:
a. Contain the name and address of the person to whom the notice is directed;
b. Contain the location, date and time of hearing on the petition;
c. Contain the name of the juvenile involved in the allegation alleged in the petition; and
d. Advise the person to whom the notice is directed that failure to appear will result in sanctions being entered against the person, which may include being held in contempt.
2. Service. The notice and a copy of the petition shall be served upon the following persons; the parent, guardian, custodian and juvenile if the juvenile is fourteen (14) years of age or older and upon counsel representing any party. Each party shall be personally served by an authorized juvenile court officer or an officer authorized to serve process in a civil action except as otherwise provided. If the court finds that it is impracticable to personally serve the parties, it may approve service by certified or registered mail, return receipt requested. Return of the receipt or an affidavit of service shall be prima facie evidence of service.
3. Contempt. The court may set a hearing on an order to show cause for contempt against any person who fails to appear after being served with a notice to appear unless good cause for the non-appearance is presented to the court. The court shall set a hearing on an order to show cause for contempt against any parent, guardian or custodian who fails to appear after being served with a notice to appear unless good cause for the non- appearance is presented to the court. The order to show cause shall be served upon the parties pursuant to this rule. Whenever it appears by affidavit or testimony that the person to be served with a notice to appear cannot be found, his address cannot be ascertained after reasonable efforts have been made to locate the person or the person will not otherwise appear, the court may issue a warrant to secure that person's appearance. The failure of a parent, guardian or custodian to appear shall not prevent the court from proceeding.
4. Amendment to the petition. A petition may be amended by order of the court in response to the motion of any interested party at any time before an adjudication, provided the parties are notified and granted sufficient time to meet the new allegations. A copy of the motion shall be provided to the parties pursuant to Rule 15.
C. Probable cause determination. At or after the time a petition to revoke probation is filed, the court shall determine whether there is probable cause to believe that a condition or regulation of probation has been violated by the juvenile, based upon the allegations set forth in the petition. The court shall set the matter for an advisory hearing.
D. Advisory hearing. The court shall inform the juvenile of the allegations in the petition to revoke probation and shall ask the juvenile to admit or deny each allegation contained in the petition to revoke probation.
1. Time limits.
a. If the juvenile is in custody on a petition to revoke probation, an advisory hearing shall be held within twenty-four (24) hours of the initial detention.
b. If the juvenile is not in custody, the advisory hearing shall be held within fourteen (14) days after the service of the petition and notice to appear.
2. Procedure. At the advisory hearing the court shall:
a. Advise the juvenile, parent, guardian or custodian of the right of the juvenile to be represented by counsel, including the right to be appointed counsel if the juvenile is indigent, as provided by law;
b. Advise the parties of the juvenile's right to remain silent throughout the proceeding;
c. Advise the parties of the juvenile's right to call witnesses on the juvenile's behalf;
d. Advise the parties of the right to confront witnesses presented by the state;
e. Determine whether the juvenile understands the constitutional rights set forth by the court and whether the juvenile knowingly, intelligently and voluntarily wishes to waives those rights;
f. Determine whether the victim of the offense has requested to be present and be heard if a plea agreement is to be presented to the court. The court shall not accept a plea agreement unless:
i. The prosecutor advises the court that reasonable efforts were made to confer with the victim concerning the proposed plea;
ii. Reasonable efforts were made to advise the victim of the plea proceeding and of the victim's right to be present and to be heard; and
iii. The prosecutor advises the court that to the best of the prosecutor's knowledge the notice requirements were complied with and the prosecutor advises the court of the victim's position, if known, regarding the proposed plea agreement.
g. Determine whether the juvenile wishes to admit or deny the allegations.
i. Admission. If the juvenile wishes to admit to allegations, the court shall accept the admission or plea if supported by a factual basis and a finding that the juvenile knowingly, intelligently and voluntarily waives the rights enumerated above. The factual basis may include evidence other than the statements of the juvenile.
ii. Denial. If the juvenile denies the allegations in the petition, the court shall set an adjudication hearing as required by these rules.
h. Determine how a verbatim record of the probation violation hearing will be made.
3. Statements at revocation proceeding. The court shall advise the juvenile that if the alleged violation involves a delinquent or incorrigible act for which the juvenile has not yet been adjudicated, regardless of the outcome of the probation revocation proceeding, the juvenile may still be adjudicated for the alleged offense and any statement made by the juvenile at the probation revocation proceeding may be used against the juvenile at the adjudication hearing.
E. Probation violation hearing.
1. Time limits. The probation violation hearing shall be held within twenty-one (21) days of the advisory hearing unless the court, upon written motion of the juvenile, finds good cause to continue the hearing to a later date.
2. Burden of proof. A violation of probation must be established by a preponderance of the evidence.
3. Procedure. Each party may present evidence and shall have the right to cross-examine witnesses who testify. The court may admit any reliable evidence not legally privileged, which may include hearsay.
a. Amendment to conform to evidence. The charge may be amended only to correct mistakes of fact or remedy formal or technical defects, unless the juvenile consents to the amendment. The charging document shall be deemed amended to conform to the evidence presented at any court proceeding.
4. Findings and orders. The findings of the court shall be in writing in the form of a minute entry or order and shall state specifically for the record:
a. Whether each allegation in the revocation petition has been proven, and
b. The findings of fact which establish a violation of probation.
5. Disposition. If the court finds that a violation of a condition or regulation of probation has occurred, the court may proceed directly to disposition or set a disposition hearing pursuant to Rule 30. The court may revoke, modify, or continue probation.
6. Subsequent acts. If the court which placed the juvenile on probation determines that the juvenile has been adjudicated delinquent or incorrigible for an act or acts committed subsequent to being placed on probation, the juvenile shall be found to be in violation of the terms of probation granted by the court. No violation hearing is required and the court may proceed directly to disposition or set a disposition hearing pursuant to Rule 30.