8-397. Notice of release, discharge or escape from a mental health treatment agency or residential treatment A. If the victim has made a request for notice, the probation department or the department of juvenile corrections, whichever has supervision of the accused or delinquent, shall provide the victim, at least ten days before the release or […]
8-398. Request for notice; forms; notice system A. The victim shall provide to and maintain with the law enforcement agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency or the investigating law enforcement agency. The form shall include a telephone number […]
8-399. Victim conference with prosecuting attorney A. On request of the victim, the prosecuting attorney shall confer with the victim about the disposition of a delinquent offense, including the victim’s views about a decision not to proceed with prosecution, dismissal, withdrawal of a request for transfer, plea or disposition negotiations and, if a petition has […]
8-400. Proceedings; right to be present The victim has the right to be present throughout all court hearings in which the accused or delinquent has the right to be present.
8-401. Detention hearing The victim has the right to be heard at the detention hearing of the person suspected of committing the delinquent act against the victim.
8-402. Postarrest detention decisions The victim has the right to be heard at any proceeding in which the court considers the postarrest release of the juvenile accused of committing a delinquent act against the victim or the conditions of that release.
8-403. Plea negotiation A. On request of the victim, the victim has the right to be present and be heard at any proceeding in which a negotiated plea for the juvenile accused of committing the delinquent act against the victim will be presented to the court. B. The court shall not accept a plea agreement […]
8-404. Impact statement; predisposition report A. The victim may submit a written impact statement or make an oral impact statement to the probation officer for the officer’s use in preparing a predisposition or transfer report. B. In preparing the predisposition or transfer report, the probation officer shall consider the economic, physical and psychological impact that […]
8-405. Disposition A. The victim may present evidence, information and opinions that concern the delinquent act, the delinquent, the disposition or the need for restitution at any predisposition or disposition proceeding. B. At any disposition proceeding the victim has the right to be present and to address the court.
8-406. Probation modification, revocation disposition or termination proceedings A. The victim has the right to be present and be heard at any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation or intensive probation of a delinquent who committed a delinquent act against the victim. B. The […]
8-407. Victim’s discretion; form of statement A. The victim has discretion to exercise the victim’s rights under this article to be present and be heard at a court proceeding, and the absence of the victim at the court proceeding does not preclude the court from continuing the proceeding. B. Except as provided in subsection C […]
8-408. Return of victim’s property; release of evidence A. On request of the victim and after consultation with the prosecuting attorney, the law enforcement agency responsible for investigating the delinquent act shall return to the victim any property belonging to the victim that was taken during the course of the investigation or shall inform the […]
8-409. Consultation between crime victim advocate and victim; privileged information; exception A. A crime victim advocate shall not disclose as a witness or otherwise any communication made by or with the victim, including any communication made to or in the presence of others, unless the victim consents in writing to the disclosure. B. Unless the […]
8-410. Minimizing victim’s contacts Before, during and immediately after any court proceeding, the court shall provide appropriate safeguards to minimize the contact that occurs between the victim, the victim’s immediate family and the victim’s witnesses and the accused, the accused’s immediate family and defense witnesses.
8-411. Motion to revoke release If the prosecutor decides not to move to revoke the release of the juvenile defendant, the prosecutor shall inform the victim that the victim may petition the court to revoke the release of the juvenile defendant based on the victim’s notarized statement asserting that harassment, threats, physical violence or intimidation […]
8-412. Victim’s right to refuse an interview; applicability A. Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any alleged delinquent act witnessed by the victim and that occurred on the same occasion as the delinquent act against the victim, or filed in the same […]
8-413. Victim’s right to privacy; exception; definitions A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on the motion shall be in camera. […]
8-414. Speedy adjudication; continuance; notice A. In any delinquency proceeding, the court, prosecutor and law enforcement officials shall take appropriate action to ensure a speedy adjudication for the victim. B. The prosecutor shall make reasonable efforts to notify a victim of any request for a continuance, except that if the victim is represented by counsel […]
8-415. Effect of failure to comply A. The failure to comply with a victim’s constitutional or statutory right is a ground for the victim to request a reexamination proceeding within ten days after the proceeding at which the victim’s right was denied or with leave of the court for good cause shown. After the victim […]
8-416. Standing to invoke rights; recovery of damages; right to counsel A. The rights enumerated in the victims’ bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules belong to the victim. The victim has standing to seek an order, to bring a special action or to file a […]
