A. The state may request an order of the juvenile court transferring jurisdiction of the criminal prosecution of any felony filed in the juvenile court to the criminal division of the superior court.
B. On request of the state that a juvenile be transferred, the court shall hold a transfer hearing before the adjudication hearing.
C. If the judge finds by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense and that the public safety would best be served by the transfer of the juvenile for criminal prosecution, the judge shall order that the juvenile be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense. The judge shall state on the record the reasons for transferring or not transferring the juvenile for criminal prosecution.
D. The court shall consider the following factors in determining if the public safety would be served by the transfer of a juvenile for criminal prosecution:
1. The seriousness of the offense involved.
2. The record and previous history of the juvenile, including previous contacts with the courts and law enforcement, previous periods of any court ordered probation and the results of that probation.
3. Any previous commitments of the juvenile to juvenile residential placements and secure institutions.
4. If the juvenile was previously committed to the department of juvenile corrections for a felony offense.
5. If the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections.
6. If the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.
7. The views of the victim of the offense.
8. If the degree of the juvenile's participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution.
9. The juvenile's mental and emotional condition.
10. The likelihood of the juvenile's reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court.
E. At the conclusion of the transfer hearing, the court shall make a written determination whether the juvenile should be transferred to the criminal division of the superior court for criminal prosecution. The court shall not defer the decision as to the transfer. If the court determines that the juvenile should not be transferred to the criminal division of the superior court, the court shall set an adjudication hearing.
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 2007–2024 · leading case:
State v. Espinoza, 276 P.3d 55 (Ariz. Ct. App. 2012).
State v. Espinoza, 276 P.3d 55 (Ariz. Ct. App. 2012).
· cites it 4× “§ 13-501 or those offenses wherein “jurisdiction” has been specifically transferred pursuant to the criteria set forth in A.R.S. § 8-327. § 8-202(H)(l) and (2). In short, the legislature has created a jurisdictional boundary, based primarily on the subject matter of the dispute…”
In re Edgar V., 158 P.3d 206 (Ariz. Ct. App. 2007).
· cites it 13× “The court conducted a transfer hearing pursuant to A.R.S. § 8-327. Edgar waived his right to an evi-dentiary hearing on probable cause, and upon review of the police reports and a transfer report prepared by the juvenile probation department, the court found probable cause to…”
State v. Agundez-Martinez, 524 P.3d 832 (Ariz. Ct. App. 2023).
· cites it 18× “The State Lacks the Authority to Prosecute Adult Criminal Charges in Adult Court Against an Individual for Acts Committed When the Individual Was Younger than 14 Unless It Petitions for Transfer Under A.R.S. § 8-327. ¶12 Given the issues raised in the appellate briefs, this…”
In Re Tyrus T. (Ariz. Ct. App. 2019).
· cites it 9× “) section 8-327(C) (2019) 2 requires the state to prove “by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense and that the public safety would best be served by the transfer of the…”
State of Arizona v. Jose Adrian Agundez-Martinez, 540 P.3d 1205 (Ariz. 2024).
· cites it 7× “And “[b]ecause delinquent acts may only be prosecuted in juvenile court or transferred to adult criminal court via A.R.S. § 8-327,” the court concluded that “the State cannot prosecute Agundez-Martinez for these offenses now that he has reached adulthood.”
In Re Anthony A. (Ariz. Ct. App. 2017).
· cites it 3× “”) section 8-327 and Rule of Procedure for the Juvenile Court 34.”
State of Arizona v. Jaime Rene Espinoza (Ariz. Ct. App. 2012).
· cites it 4× “§ 13-501 or those offenses wherein “jurisdiction” has been specifically transferred pursuant to the criteria set forth in A.R.S. § 8-327. § 8-202(H)(1) and (2). In short, the legislature has created a jurisdictional boundary, based primarily on the subject matter of the dispute…”
In Re Fernando S. (Ariz. Ct. App. 2018).
· cites it 2× “A.R.S. § 8-327(D). ¶7 The record contains sufficient evidence that “would lead a man of ordinary caution to conscientiously entertain a strong suspicion” that Fernando committed the charged offenses.”
— Ariz. Rev. Stat. § 8-327(A) — 1 case
State of Arizona v. Jose Adrian Agundez-Martinez, 540 P.3d 1205 (Ariz. 2024).
“And “[b]ecause delinquent acts may only be prosecuted in juvenile court or transferred to adult criminal court via A.R.S. § 8-327,” the court concluded that “the State cannot prosecute Agundez-Martinez for these offenses now that he has reached adulthood.”
— Ariz. Rev. Stat. § 8-327(B) — 2 cases
In re Edgar V., 158 P.3d 206 (Ariz. Ct. App. 2007).
“The court conducted a transfer hearing pursuant to A.R.S. § 8-327. Edgar waived his right to an evi-dentiary hearing on probable cause, and upon review of the police reports and a transfer report prepared by the juvenile probation department, the court found probable cause to…”
In Re Anthony A. (Ariz. Ct. App. 2017).
“”) section 8-327 and Rule of Procedure for the Juvenile Court 34.”
— Ariz. Rev. Stat. § 8-327(C) — 2 cases
In re Edgar V., 158 P.3d 206 (Ariz. Ct. App. 2007).
“The court conducted a transfer hearing pursuant to A.R.S. § 8-327. Edgar waived his right to an evi-dentiary hearing on probable cause, and upon review of the police reports and a transfer report prepared by the juvenile probation department, the court found probable cause to…”
In Re Tyrus T. (Ariz. Ct. App. 2019).
“) section 8-327(C) (2019) 2 requires the state to prove “by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense and that the public safety would best be served by the transfer of the…”
— Ariz. Rev. Stat. § 8-327(D) — 3 cases
In re Edgar V., 158 P.3d 206 (Ariz. Ct. App. 2007).
“The court conducted a transfer hearing pursuant to A.R.S. § 8-327. Edgar waived his right to an evi-dentiary hearing on probable cause, and upon review of the police reports and a transfer report prepared by the juvenile probation department, the court found probable cause to…”
In Re Tyrus T. (Ariz. Ct. App. 2019).
“) section 8-327(C) (2019) 2 requires the state to prove “by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense and that the public safety would best be served by the transfer of the…”
In Re Fernando S. (Ariz. Ct. App. 2018).
“A.R.S. § 8-327(D). ¶7 The record contains sufficient evidence that “would lead a man of ordinary caution to conscientiously entertain a strong suspicion” that Fernando committed the charged offenses.”
— Ariz. Rev. Stat. § 8-327(D)(10) — 1 case
State v. Agundez-Martinez, 524 P.3d 832 (Ariz. Ct. App. 2023).
“The State Lacks the Authority to Prosecute Adult Criminal Charges in Adult Court Against an Individual for Acts Committed When the Individual Was Younger than 14 Unless It Petitions for Transfer Under A.R.S. § 8-327. ¶12 Given the issues raised in the appellate briefs, this…”
— Ariz. Rev. Stat. § 8-327(D)(3) — 1 case
In Re Tyrus T. (Ariz. Ct. App. 2019).
“) section 8-327(C) (2019) 2 requires the state to prove “by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense and that the public safety would best be served by the transfer of the…”
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