Arizona Laws 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 requests a reexamination proceeding and after the court gives reasonable notice, the court shall afford the victim a reexamination proceeding to consider the issues raised by the denial of the victim’s right. Except as provided in subsection B of this section, the court shall reconsider any decision that arises from a proceeding in which the victim’s right was not protected and shall ensure that the victim’s rights are thereafter protected.
Terms Used In Arizona Laws 8-415
- Accused: means a juvenile who is referred to juvenile court for committing a delinquent act. See Arizona Laws 8-382
- 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
- Department: means the department of child safety. See Arizona Laws 8-201
- juvenile: means an individual who is under eighteen years of age. See Arizona Laws 8-201
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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. See Arizona Laws 8-382
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Rights: means any right granted to the victim by the laws of this state. See Arizona Laws 8-382
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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
B. The failure to use reasonable efforts to perform a duty or provide a right is not cause to seek to set aside an adjudication or disposition after trial. Failure to afford a right under this chapter shall not provide grounds for a new trial. A victim who was given notice of a plea or sentencing proceeding may make a motion to reopen a plea or sentence only if the victim was not voluntarily absent from the proceeding and has asserted the right to be heard before or during the proceeding at issue and the right to be heard was denied and, in the case of a plea, the accused has not pled to the highest offense charged. This subsection does not affect the victim’s right to restitution, which the victim may seek to enforce at any time.
C. Unless the juvenile is discharged from the juvenile’s sentence, the failure to use reasonable efforts to provide notice and a right to be present or be heard pursuant to this chapter at a proceeding that involves a postadjudication release is a ground for the victim to seek to set aside the postadjudication release until the victim is afforded the opportunity to be present or be heard.
D. If the victim seeks to have a postadjudication release set aside pursuant to subsection C of this section, the court or department of juvenile corrections shall afford the victim a reexamination proceeding after the parties are given notice.
E. A reexamination proceeding conducted pursuant to this section or any other proceeding that is based on the failure to perform a duty or provide a right shall commence not more than thirty days after the appropriate parties have been given notice that the victim is exercising the right to a reexamination proceeding pursuant to this section or to another proceeding based on the failure to perform a duty or provide a right.