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§ 8-391 Notice of adjudication; impact statement

AZ Rev Stat § 8-391 (2019) (N/A)
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8-391. Notice of adjudication; impact statement

A. On request the prosecutor's office, within fifteen days after the adjudication, transfer, acquittal or dismissal of the charges against the accused, shall give notice to the victim of the offense or offenses for which the accused was adjudicated delinquent, transferred for adult prosecution or acquitted or of the charges dismissed against the juvenile defendant.

B. If the juvenile is adjudicated delinquent and the victim has requested notice, the prosecutor's office shall notify the victim, if applicable, of:

1. The function of the predisposition report.

2. The name and telephone number of the probation department that is preparing the predisposition report.

3. The right to make a victim impact statement under section 8-404.

4. The right to receive portions of the predisposition report pursuant to section 8-404, subsection C.

5. The right to be present and be heard at any predisposition or disposition proceeding pursuant to section 8-405.

6. The time, place and date of the disposition proceeding.

7. If the court orders restitution, the right to have a judgment entered for any unpaid amount and to file a restitution lien pursuant to section 8-345.

8. The right of the defense to view the predisposition report.

C. The victim shall be informed that the victim's impact statement may include the following:

1. An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim.

2. An explanation of the extent of any economic loss or property damage suffered by the victim.

3. An opinion of the need for and extent of restitution.

4. Whether the victim has applied for or received any compensation for the loss or damage.

D. Notice provided pursuant to this section does not remove the probation department's responsibility to initiate the contact between the victim and the probation department concerning the victim's economic, physical, psychological or emotional harm. At the time of contact, the probation department shall advise the victim of the date, time and place of the disposition proceeding and of the victim's right, if present, to be heard at that proceeding.

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§ 8-391 Notice of adjudication; impact statement