Probation FAQ

In Arizona, the Superior Court exercises jurisdiction over juveniles 8 to 17 years old who

have been processed through the juvenile system for either delinquent or incorrigible

acts.

Children under the age of eight are considered dependent regardless of the nature of

the act committed, and individuals 18 and older are considered adults (A.R.S. § 8-

201.13).

A juvenile under the age of eighteen commits a delinquent act if that same act

committed by an adult would be a criminal offense.

An incorrigible juvenile commits an offense that would not be considered a crime if he or

she were an adult and is often referred to as a status offense.

Typically, incorrigible juveniles are those who are habitually truant from school, have run

away from home,  or violated curfew. In addition, juveniles who refuse to obey the

reasonable and proper direction of their parents or guardians can be considered

Incorrigible.

Juveniles formally enter the court system when a referral is made. Referrals are

submitted to the Juvenile Court and allege the juvenile committed a delinquent or

incorrigible act. Referrals can be made by police, parents, school officials, probation

officers, other agencies, or individuals requesting the juvenile court to assume

jurisdiction over the juvenile’s conduct.

Referrals can be “paper referrals” issued as citations or police reports, or “physical

referrals” where the juvenile is arrested by law enforcement. Multiple offenses can be

included in a referral.

Diversion is an alternative available to some juveniles to avoid formal prosecution. The

County Attorney has sole discretion to divert prosecution and determine which offenses

are eligible for diversion (A.R.S. § 8-321).

Through diversion, a juvenile is given the opportunity to admit to the allegations

contained in the referral and receive a consequence in lieu of the formal court process.

Consequences can include:

• Unpaid community service work

• Fines or restitution

• Completion of educational, rehabilitative, or counseling programs

If the juvenile successfully completes diversion, his/her obligation to the state (and

victim when applicable) is satisfied, and a petition is not filed. The outcome cannot be

used against the juvenile in any further proceedings, and there is no adjudication of

incorrigibility or delinquency.

If the juvenile is non-compliant with diversion, the referral is sent back to the County

Attorney, who may then decide to file a petition.

Only the County Attorney has the authority to send a juvenile case to court by filing a

petition.

A petition initiates the formal court hearing process by requiring the juvenile and their

parent/guardian to attend formal hearings before the court to answer the allegations

listed in the petition. The County Attorney determines which allegations to include in the

petition based on the evidence and elements of the alleged act.

• If a juvenile is detained, the petition must be filed within 24 hours of admission to

the detention facility (Rule 24B, Arizona Rules of the Court).

• If the juvenile is not detained, the petition must be filed within 45 days of receipt

of the referral unless time is waived an additional 30 days for further

Investigation.

Petitions or charges within a petition can be dismissed by a judge. A dismissal means

further consideration or hearings regarding the petition or charge are terminated, and no

further formal action is taken. Dismissals can be either:

• With prejudice: cannot be re-filed

• Without prejudice: can be re-filed

A petition may be dismissed during the advisory or adjudication stages, often due to a

lack of evidence.

In some cases, a defense attorney and County Attorney may agree to dismiss one

charge while receiving a disposition (such as probation or ADJC commitment) on

another.

Dismissals can also occur when diversion conditions are extended; upon completion,

prosecution stops.

Other reasons for dismissal include transfer to another jurisdiction, victim request, lack

of witness cooperation, or insufficient likelihood of adjudication.

The core tenets of juvenile probation are:

• Protection of the community

• Belief that juveniles can make positive behavioral changes

• Fostering law-abiding behavior

• Restitution to victims and society

• Preservation of the best interest of the child

• Stability of the family unit

Probation Officers meet with juveniles and their families to assess needs and review

social history. They make regular home visits to ensure compliance with court

conditions, work closely with families to address behavioral issues, and create

individualized case plans.

If a juvenile fails to comply, the Probation Officer provides recommendations to the

judge for alternative sanctions or treatment.

After adjudication, a juvenile may receive a disposition to Standard Probation, allowing

them to remain in the community while complying with court-ordered conditions, which

may include:

• Obey all laws and probation officer rules

• Notify probation of address changes

• Pay restitution, fines, and fees

• Attend school or work

• Submit to search and seizure

• Participate in drug testing

• Follow curfew

• Avoid association with law violators

• Refrain from owning or using firearms

• Perform community service

Special conditions may apply to cases involving gangs, mental health, or sexual

behavior issues.

Throughout probation, officers monitor compliance, progress, and collaborate with

families, teachers, treatment providers, and victims. Non-compliance can result in

graduated responses, detention, JIPS placement, or commitment to ADJC.

For juveniles needing more structure, a judge may order JIPS — an alternative to

placement or ADJC.

JIPS provides enhanced supervision, requiring:

• Increased face-to-face officer contact

• At least 32 hours per week of structured activities

• Restricted liberty and limited unsupervised time

• Random drug testing

JIPS officers have smaller caseloads due to the intensity of supervision. The goal is to

keep juveniles in the community with high accountability and support.