Arizona Laws 8-391. Notice of adjudication; impact statement
A. On request the prosecutor’s office, within fifteen days after the adjudication, transfer, acquittal or dismissal of the charges against the accused, shall give notice to the victim of the offense or offenses for which the accused was adjudicated delinquent, transferred for adult prosecution or acquitted or of the charges dismissed against the juvenile defendant.
Terms Used In Arizona Laws 8-391
- 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: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delinquent: means a child who is adjudicated to have committed a delinquent act. See Arizona Laws 8-382
- Department: means the department of child safety. See Arizona Laws 8-201
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- juvenile: means an individual who is under eighteen years of age. See Arizona Laws 8-201
- Lien: A claim against real or personal property in satisfaction of a debt.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
B. If the juvenile is adjudicated delinquent and the victim has requested notice, the prosecutor’s office shall notify the victim, if applicable, of:
1. The function of the predisposition report.
2. The name and telephone number of the probation department that is preparing the predisposition report.
3. The right to make a victim impact statement under section 8-404.
4. The right to receive portions of the predisposition report pursuant to section 8-404, subsection C.
5. The right to be present and be heard at any predisposition or disposition proceeding pursuant to section 8-405.
6. The time, place and date of the disposition proceeding.
7. If the court orders restitution, the right to have a judgment entered for any unpaid amount and to file a restitution lien pursuant to section 8-345.
8. The right of the defense to view the predisposition report.
C. The victim shall be informed that the victim’s impact statement may include the following:
1. An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim.
2. An explanation of the extent of any economic loss or property damage suffered by the victim.
3. An opinion of the need for and extent of restitution.
4. Whether the victim has applied for or received any compensation for the loss or damage.
D. Notice provided pursuant to this section does not remove the probation department’s responsibility to initiate the contact between the victim and the probation department concerning the victim’s economic, physical, psychological or emotional harm. At the time of contact, the probation department shall advise the victim of the date, time and place of the disposition proceeding and of the victim’s right, if present, to be heard at that proceeding.