Ariz. R. Crim. P. 7.7

As amended through December 6, 2023
Rule 7.7 - Detaining a Juvenile Transferred for Criminal Prosecution or Charged Pursuant to A.R.S. Section 13-501
(a)Generally. A juvenile may not be detained in an adult detention facility unless the juvenile can be detained separately from, and with no sight or sound contact between, any adult charged with or convicted of a crime, except to the extent authorized by federal law or regulation.
(b)Determining Where the Juvenile Will Be Detained. In determining whether a juvenile should be detained in a juvenile detention facility or an adult detention facility, the court must consider the following factors:
(1) the best interests of the juvenile who is detained in the adult detention facility and other juveniles in the juvenile detention facility;
(2) the juvenile's age;
(3) the juvenile's physical and mental maturity;
(4) the juvenile's present mental state, including whether the juvenile presents an imminent risk of self-harm;
(5) the nature and circumstances of the alleged offense;
(6) the juvenile's history of prior delinquent acts;
(7) the ability of the juvenile and adult detention facilities to meet the specific needs of the juvenile while also protecting the safety of the public and the safety of other detained juveniles;
(8) the existing programs and facilities for juveniles at the juvenile and adult detention facilities; and
(9) any other factors the court deems relevant.
(c)Review of Detention Placement. If a juvenile is detained in an adult detention facility, the court must hold a hearing at least every 30 days to determine whether the juvenile should remain in the adult detention facility. The court's determination must be in writing and must consider the factors in (b)(1) through (9).
(d)Time Limit. A juvenile cannot be detained in an adult detention facility for more than 180 days unless the court makes a written finding that good cause exists to keep the juvenile in the adult detention facility, or the juvenile consents to remaining in the adult detention facility and the court determines that the consent is knowing, intelligent, and voluntary.

Ariz. R. Crim. P. 7.7

Added on an emergency basis, effective 12/8/2022, permanently adopted 8/24/2023.