Arizona

Criminal Procedure

Criminal Procedure

Rule 40 – Transfer for Juvenile Prosecution

(a) Scope. This rule applies to defendants who are eligible for transfer to juvenile court under A.R.S. § 13-504.
(b) Initiation. The court must hold a hearing to determine whether prosecution of a defendant should be transferred to juvenile court if:

(1) the defendant files a motion requesting transfer; or
(2) the court enters an order stating that a transfer hearing is being set in the court’s discretion or is required by law.
(c) Contents of Motion and Court Order. The motion or order under (b) must designate the offense or offenses that are the subject of the transfer hearing.
(d) Timing.

(1)Request for Transfer. A motion for transfer or a court order setting a transfer hearing must be filed no later than 45 days after the arraignment date.
(2)Hearing Date. The court must hold a transfer hearing no later than 45 days after a motion or order is filed under (b). The court may continue the hearing for good cause.
(e) Disclosure. Setting a hearing under (d)(2) does not suspend the parties’ Rule 15 disclosure duties.
(f) Transfer Investigation. After the court sets a transfer hearing, it may order the adult or juvenile probation departments to conduct a transfer investigation and prepare a written report that addresses issues the court will consider at the transfer hearing. The adult and juvenile probation departments may confer as necessary to complete the investigation. The court must provide a copy of the report to all parties at least 5 days before the hearing, unless the parties waive the deadline.
(g) Prior Transfer. The court may waive the provisions of (f) if an Arizona court has previously transferred the defendant for juvenile prosecution. The court may consider, and must provide to the parties, any prior orders of transfer, probation reports, or reports pertaining to physical, psychological, or psychiatric evaluations introduced into evidence in a prior transfer proceeding.
(h) Transfer Hearing. At a transfer hearing, the court must determine whether the defendant has shown by clear and convincing evidence that public safety and the rehabilitation of the defendant, if adjudicated delinquent in juvenile court, would be best served by transferring the prosecution to juvenile court. The court must consider those factors provided in A.R.S. § 13-504(D).
(i) Privilege.

(1)Statements About Events Relating to Charged Offenses. Unless the defendant consents, the defendant’s statements obtained under (f), or evidence resulting from those statements, concerning the events that form the basis of the charges against the defendant are inadmissible in any proceeding to determine the defendant’s guilt of those charges.
(2)Statements About Other Events or Transactions. Unless the defendant consents, the defendant’s statements obtained under (f), or evidence resulting from those statements, concerning any other events or transactions are inadmissible in any proceeding to determine the defendant’s guilt of other offenses based on those events or transactions.
(3)Right to Remain Silent. A defendant’s decision to testify at the transfer hearing does not waive the defendant’s right to remain silent during the trial or adjudication hearing. Neither the fact that the defendant testified at the transfer hearing nor the defendant’s testimony at the hearing may be mentioned to the trier of fact unless the defendant testifies at trial concerning the same matters.
(j) Order of Transfer. After the transfer hearing, the court must determine with all possible speed whether to transfer the defendant to juvenile court. It must state its reasons in writing in a minute entry or order, and may not take any other action in the case until it makes this determination.
(k) Further Juvenile Proceedings. If the court orders the defendant’s transfer for juvenile prosecution, the indictment or information will serve as the juvenile petition for the transferred charges. No later than 48 hours after the order transferring prosecution is entered, the clerk must file a copy of the indictment or information in the juvenile court.
(l) Release. If the court orders the defendant’s transfer for juvenile prosecution, the court must determine if the defendant should be released or detained in a juvenile detention facility pending further proceedings. In making the release determination, the court must consider the factors listed in Rule 23(D), Rules of Procedure for the Juvenile Court.

Ariz. R. Crim. P. 40

Added by August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 40, relating to transfer for juvenile prosecution, was abrogated effective January 1, 2018.