8-382. Definitions

571 words·~3 min read·/az/title-8/8-382

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this article, unless the context otherwise requires:

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.