Rule 40. Transfer for juvenile prosecution

a. Scope. This rule shall apply to defendants who are eligible for transfer to juvenile court pursuant to A.R.S. 13-501.01.

b. Initiation. A hearing to determine whether prosecution of a defendant shall be transferred to juvenile court shall be initiated as follows:

1. upon motion of the defendant, or

2. upon an order of the court stating that a transfer hearing is either being set in the court's discretion or is required by law.

c. Contents of Motion and Court Order. The motion for transfer or the court order shall designate the offense or offenses that are the subject of the transfer hearing.

d. Time Limits.

1. Request for Transfer. The motion for transfer or the court order setting a transfer hearing shall be filed within forty-five days of the date of the arraignment.

2. Hearing Date. The transfer hearing shall be held within forty- five days of the filing of the motion for transfer or of the court order. The court may continue the hearing for good cause.

e. Disclosure. The filing of a motion to transfer or the setting of a transfer hearing shall not serve to suspend any requirement pursuant to Rule 15 of these rules.

f. Transfer Investigation. Upon receipt of an order setting a transfer hearing the court may order the adult or juvenile probation department to conduct a transfer investigation and make a written report specifically addressing those issues that the court considers in determining whether to transfer the defendant. The adult and juvenile probation departments may confer as necessary to complete the investigation. A copy of the report shall be given to all parties not less than five days prior to the transfer hearing unless the time is waived by the parties.

g. Prior Transfer. If the defendant has previously been transferred for juvenile prosecution by any court of this state, the court, in its discretion, may waive the provisions of paragraph (f) of this rule. Any prior orders of transfer, probation reports or reports pertaining to physical, psychological or psychiatric evaluations introduced into evidence in a prior transfer proceeding shall be provided to the parties and counsel and may be considered by the court.

h. Transfer Hearing. The transfer hearing shall include a determination 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 shall consider those factors provided by statute.

i. Privilege.

1. No statement of the defendant obtained under paragraph (f) of this rule, or evidence resulting therefrom, concerning the events which form the basis of the charges against the defendant shall be admissible at any proceeding to determine guilt or innocence, without the defendant's consent.

2. No statement of the defendant or evidence resulting therefrom obtained under paragraph (f) of this rule concerning any other events or transactions, shall be admissible at any proceeding to determine the defendant's guilt or innocence based on such events or transactions without the defendant's consent.

3. If the defendant testifies at the transfer hearing, the defendant does not by so testifying waive the right to remain silent during the trial or adjudication hearing. If the defendant testifies at the transfer hearing, neither this fact nor the defendant's testimony at the hearing shall be mentioned to the trier of fact unless the defendant testifies at trial concerning the same matters.

j. Order of Transfer. At the conclusion of the hearing the court shall determine whether the defendant shall be transferred to juvenile court. The court shall state its reasons in writing in the form of a minute entry or order and shall not defer the decision.

k. Commencement of Juvenile Proceedings. If the court orders the defendant to be transferred for juvenile prosecution the indictment or information shall serve as the juvenile petition for those charges subject to transfer by order of the court. The Clerk of the Court shall, within forty-eight hours of the order transferring prosecution, file a copy of the indictment or information in the juvenile court.

l. Release. If the court orders the defendant to be transferred for juvenile prosecution the court shall determine if the defendant shall be released or detained in a juvenile detention facility pending further proceedings in juvenile court. In making the determination as to release the court shall consider the factors listed in Rule 23(D), Rules of Procedure for the Juvenile Court.

Navigation