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Vacating Juvenile Monetary Obligations
Enacting juvenile justice reforms.
 

The Arizona Legislature passed Senate Bill 1197 to enact several juvenile justice reforms. This bill was signed into law by Governor Katie Hobbs in May 2023. Beginning October 30, 2023, an individual may request that the court vacate (cancel) certain eligible monetary obligations imposed on a juvenile or the juvenile’s parent or guardian before October 30, 2023. Unpaid supervision fees, diversion costs, detention costs, and other monetary obligations are eligible to be vacated. Courts cannot vacate victim restitution, fines, penalties, and certain assessments. Find out more about the process and what monetary obligations can be vacated.

This bill does not allow individuals to ask for a refund for payments already made on a case.

SB1197ADMINISTRATIVE ORDER 2023-158RULE PETITION R-23-0040
Process to request that the court vacate eligible monetary obligations
  1. Contact the court to find out if you have a balance.
  2. Complete the Petition Vacating Eligible Monetary Obligations or Civil Judgment (Form No. AOCJVPA8F). Instructions are also available. You can only list one case on a petition.
  3. File the completed petition with the court that imposed the monetary obligations (or mail it to that court for filing). There is no fee for filing the petition.
  4. The court will review the petition, put its decision in an order, and then mail that order back to the filer.
  5. If a civil judgment has been filed with the county recorder, the court will notify the county recorder if the unsatisfied civil judgment has been vacated in its entirety, by sending a Satisfaction of Judgment to the county recorder.
  6. If you are before the court, the court may advise you that certain monetary obligations in your cases are eligible to be vacated. The court may or may not require the completion of the petition in this scenario, depending on the court’s policy.
Form Title Form Number
Petition Vacating Eligible Monetary Obligations or Civil Judgment AOCJVPA8F
Order to Vacate Eligible Monetary Obligations or Civil Judgment AOCJVPA9F
Instructions: How to Complete the Petition to Vacate Eligible Monetary Obligations or Civil Judgment AOCJVPA8I
 
Monetary obligations that can be vacated
Reform #1 Eligible to be vacated Not eligible to be vacated
An individual may request that the court vacate (cancel) certain eligible monetary obligations imposed on a juvenile or the juvenile’s parent or guardian before 10/30/2023 ✔ Unpaid supervision fees, diversion costs, detention costs, and other monetary obligations* are eligible ✔ Victim restitution, fines, penalties, and certain assessments
Reform #2
The court can no longer order juveniles and their parents or guardians to pay various monetary obligations, such as supervision fees, diversion costs, counseling costs, and detention costs.
Reform #3
If a civil judgment was entered before 10/30/2023 because the court issued a juvenile restitution order in favor of the state and it includes monetary obligations that are eligible to be vacated, the court may vacate the eligible portion of the unsatisfied civil judgment.
Notes
  1. Not all juvenile cases are eligible, as eligibility depends on the type of monetary obligation. There are other legislative impacts in addition to the financial changes.
  2. This bill does not allow individuals to ask for a refund for payments already made on a case.
  3. Insurance companies may still be billed for treatment provider costs that are typically billed to public or private insurance.
Eligible monetary obligations Statutes
Court-appointed attorney costs A.R.S. § 8-221
Costs against a parent or guardian for counseling, treatment, or education required as part of a diversion program A.R.S. § 8-234
Probation supervision fees A.R.S. § 8-241, repealed 2023 Session
Foster care expenses A.R.S. § 8-243(A)
Department of juvenile corrections or other state department institution expenses A.R.S. § 8-243(B)
Juvenile detention expenses A.R.S. § 8-243(C)
Medical or surgical treatment expenses A.R.S. § 8-245
Family counseling program costs A.R.S. § 8-263
Community-based alternative program fees or costs A.R.S. § 8-321
Rehabilitative, incorrigibility, or minor consumption monetary assessment A.R.S. § 8-341
Alcohol or drug screening, education, or treatment costs A.R.S. § 8-343(L)
Detention costs A.R.S. § 8-343(M)
Victims’ Rights Fund Implementation Fee A.R.S. § 8-418, repealed 2023 Session
$25 public defender or court-appointed counsel administrative assessment A.R.S. § 11-584(C)
Time payment fee assessed on a juvenile monetary assessment or a penalty, fine or sanction ordered pursuant to Title 8 A.R.S. § 12-116
$500 Dangerous Crimes Against Children Assessment A.R.S. § 12-116.07