Arizona Laws 8-382. Definitions
In this article, unless the context otherwise requires:
Terms Used In Arizona Laws 8-382
- Accused: means a juvenile who is referred to juvenile court for committing a delinquent act. See Arizona Laws 8-382
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- 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 13-501. See Arizona Laws 8-201
- Court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency. See Arizona Laws 8-382
- Custodial agency: means any law enforcement officer or agency, a sheriff, a county juvenile detention center, the department of juvenile corrections or a secure mental health facility that has custody of a person who is arrested or in custody for a delinquent or incorrigible offense. See Arizona Laws 8-382
- Delinquency proceeding: means any hearing, argument or other matter that is scheduled or held by a juvenile court judge, commissioner or hearing officer and that relates to an alleged or adjudicated delinquent offense. See Arizona Laws 8-382
- Delinquent: means a child who is adjudicated to have committed a delinquent act. See Arizona Laws 8-382
- Delinquent act: means an act to which this article applies pursuant to section 8-381. See Arizona Laws 8-382
- Department: means the department of child safety. See Arizona Laws 8-201
- 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. See Arizona Laws 8-201
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- juvenile: means an individual who is under eighteen years of age. See Arizona Laws 8-201
- 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. See Arizona Laws 8-201
- Law enforcement officer: means a peace officer, sheriff, deputy sheriff, municipal police officer or constable. See Arizona Laws 8-201
- Lawful representative: means a person who is designated by the victim or appointed by the court and who will act in the best interests of the victim. See Arizona Laws 8-382
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Release: means no longer in the custody of the custodial agency and includes transfer from one custodial agency to another custodial agency. See Arizona Laws 8-382
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Victim: means a person against whom the delinquent act was committed, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused. See Arizona Laws 8-382
1. "Accused" means a juvenile who is referred to juvenile court for committing a delinquent act.
2. "Appellate proceeding" means any contested matter before the state court of appeals, the state supreme court, a federal court of appeals or the United States supreme court.
3. "Arrest" means the actual custodial restraint or temporary custody of a person.
4. "Court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency.
5. "Crime victim advocate" means a person who is employed or authorized by a public or private entity to provide counseling, treatment or other supportive assistance to crime victims.
6. "Custodial agency" means any law enforcement officer or agency, a sheriff, a county juvenile detention center, the department of juvenile corrections or a secure mental health facility that has custody of a person who is arrested or in custody for a delinquent or incorrigible offense.
7. "Delinquency proceeding" means any hearing, argument or other matter that is scheduled or held by a juvenile court judge, commissioner or hearing officer and that relates to an alleged or adjudicated delinquent offense.
8. "Delinquent" means a child who is adjudicated to have committed a delinquent act.
9. "Delinquent act" means an act to which this article applies pursuant to section 8-381.
10. "Detention hearing" means the accused‘s initial appearance before the court to determine release before adjudication.
11. "Final disposition" means the ultimate termination of the delinquency proceeding by a court, including dismissal, acquittal, transfer to adult court or imposition of a disposition after an adjudication for a delinquent offense.
12. "Immediate family" means a victim’s spouse, parent, child, sibling, grandparent or lawful guardian.
13. "Juvenile defendant" means a juvenile against whom a petition is filed seeking to have the juvenile adjudicated delinquent.
14. "Lawful representative" means a person who is designated by the victim or appointed by the court and who will act in the best interests of the victim.
15. "Postadjudication release" means release on probation, intensive probation, work furlough, community supervision or home detention, release on conditional liberty pursuant to section 41-2818 by the department of juvenile corrections or any other permanent, conditional or temporary release from confinement, discharge or completion of commitment by the department of juvenile corrections, a sheriff, a municipal jail, a juvenile detention center, a residential treatment facility or a secure mental health facility.
16. "Postadjudication review hearing" means a hearing that is held in open court and that involves a request by the juvenile for review of a disposition.
17. "Postarrest release" means the discharge of the accused from confinement.
18. "Release" means no longer in the custody of the custodial agency and includes transfer from one custodial agency to another custodial agency.
19. "Rights" means any right granted to the victim by the laws of this state.
20. "Victim" means a person against whom the delinquent act was committed, or if the person is killed or incapacitated, the person’s spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person’s spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused.