Opinion
Administrative Order No. 2008-17
February 13, 2008.
The Arizona Auditor General has conducted a performance audit of the Arizona Supreme Court, Administrative Office of the Courts (AOC), Juvenile Detention Centers. The audit reviewed the operations of five of the fourteen juvenile detention centers in the state. The Auditor General also reviewed Arizona's recommended guidelines for operating detention centers and found varying levels of guidance and voluntary compliance. As a result of the findings, the Auditor General has put forth three main recommendations to the AOC's Arizona Judicial Council (AJC) and county juvenile courts. These recommendations call for the initiation of a state-wide effort to improve and establish mandatory operational detention standards, incorporating performance-based standards, whenever possible, establish criteria for detention screening standards, and improve its juvenile detention center inspection program. The Supreme Court, AJC, and county juvenile courts hold the safety and security of Arizona's youth as a priority and support the Auditor General's recommendations.
On December 5, 2007, the AJC reviewed the recommendations of the Auditor General and directed the AOC to work with the county juvenile courts to develop policies and procedures for their implementation subject to approval by the AJC.
Now therefore, pursuant to the Supreme Court's administrative supervisory authority in Article VI, Section 3 of the Arizona Constitution and rule-making authority in Article VI, Section 5 of the Arizona Constitution over all of the courts of the state and Rule 123, Rules of the Supreme Court,
IT IS ORDERED that the Juvenile Detention Task Force is established as follows:
1. Purpose. The Juvenile Detention Task Force shall review the Arizona Auditor General's Performance Audit Report and shall:
i. Identify and develop mandatory juvenile detention center operational standards consistent with the recommendations of the Auditor General.
ii. Develop statewide policies and procedures or standards for the application of Rule 23 (D), Rules of Procedure for the Juvenile Court to appropriately and consistently screen juveniles for detention.
iii. Institute a thorough inspection and compliance process contingent upon the Legislature revising statute to replace the Department of Juvenile Corrections with the AOC as the entity responsible for inspecting juvenile detention centers.
2. Membership. The Chief Justice will appoint up to fourteen individuals as members of the Task Force. Membership shall be from both rural and urban counties and shall be comprised of Arizona Juvenile Court Directors, Juvenile Detention Facility Administrators, Presiding Juvenile Court Judges and at least one individual from outside the Judicial Branch with expertise in the detention of juveniles. This Task Force begins upon entry of this Order and terms of the members shall expire at the conclusion of the project which is scheduled for June 30, 2009. If necessary, the Chair may request an extension to the Chief Justice.
3. Meetings. The Task Force meetings shall be scheduled at the discretion of the Task Force Chair.
4. Administrative Support. The AOC shall provide staff for the Task Force, who may conduct or coordinate administrative support as requested.
5. Reports. The Task Force shall submit its work plan outlining steps and timeframes for implementation of the recommendations within 45 days of the first Task Force Meeting. An interim report, outlining the Task Force's recommended mandatory operational detention facility standards, shall be submitted to the AJC by September 30, 2008. The AJC shall approve or disapprove the recommended standards. A final report outlining the implementation of the remaining Auditor General's audit recommendations shall be submitted to the AJC by June 30, 2009.
IT IS FURTHER ORDERED that Rob Lubitz, Director of the Juvenile Justice Services Division of the Administrative Office of the Courts, is appointed to serve as the Task Force Chair.