In re Miguel R.

• Decision Date: 25 February 2003
• Docket Number: No. 1CA-JV 02-0072., No. 1CA-JV 02-0016
• Citation: 204 Ariz. 328,63 P.3d 1065
• Parties: In re MIGUEL R. In re Jose J.
• Court: Arizona Court of Appeals

63 P.3d 1065

204 Ariz. 328

In re MIGUEL R.

In re Jose J.

Nos. 1CA-JV 02-0016, 1CA-JV 02-0072.

Court of Appeals of Arizona, Division 1, Department E.

February 25, 2003.

Terry Goddard, Attorney General, by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Richard M. Romley, Maricopa County Attorney by Linda Van Brakel, Deputy County Attorney, Phoenix, Attorneys for Appellee.

James Haas, Maricopa County Public Defender, by Theresa M. Armendarez, Helene F. Abrams, Phoenix, for Appellants.

OPINION

PATTERSON, Judge.

¶ 1 This consolidated appeal arises from the juvenile courts' dispositions requiring two juveniles to participate in the Maricopa County Juvenile Drug Court ("Drug Court") program as a special term of standard probation. On appeal, both juveniles contend that the court abused its discretion by requiring involuntary participation in Drug Court and that such participation in Drug Court violates fundamental constitutional rights. We conclude that (1) the purposes of Drug Court are directed towards rehabilitation and (2) based upon the record before us, the juveniles' constitutional rights have not been violated.

¶ 2 We have jurisdiction pursuant to Arizona Rules of Procedure for the Juvenile Court 88 through 99.

I. DISCUSSION

A. Abuse of Discretion

¶ 3 The court has "broad power to make a proper disposition" after adjudicating a juvenile delinquent. Maricopa County, Juv. Action No. JV-510312, 183 Ariz. 116, 118, 901 P.2d 464, 466 (App.1995). When making a disposition, the court may award the delinquent juvenile to the probation department, "subject to any conditions as the court may impose." Ariz.Rev.Stat. ("A.R.S.") § 8-341(A)(1)(b) (Supp.2002). That disposition will not be disturbed absent an abuse of discretion. In re Kristen C., 193 Ariz. 562, 563, ¶ 7, 975 P.2d 152, 153 (App. 1999).

¶ 4 Rehabilitation, not punishment, is the purpose of disposition after an adjudication of delinquency. Id. at ¶ 8, 975 P.2d 152; see also Maricopa County Juv. Action No. JV-500210, 177 Ariz. 3, 5, 864 P.2d 560, 562 (App.1993) (the purpose of sentencing schemes for adults is punishment but for juveniles, it is rehabilitation); Ariz. R.P. Juv. Ct. 31(A) ("The court shall impose on the juvenile conditions of probation that will promote rehabilitation and public safety."). "A condition of probation which does not violate basic fundamental rights and bears a relationship to the purpose of probation will not be disturbed on appeal." Pima County Juv. Action No. J-20705-3, 133 Ariz. 296, 298, 650 P.2d 1278, 1280 (App.1982).

1. Drug Courts

¶ 5 Drug courts emerged during the early 1990's as an alternative approach for lesser drug offenses. In contrast to the traditional system that provided little substance abuse treatment, drug courts combined "substance abuse treatment, sanctions, and incentives with case processing to place nonviolent drug-involved defendants in judicially supervised rehabilitation programs." Drug Courts Program Office, Office of Justice Programs, United States Dep't of Justice, About the Drug Courts Program Office Fact Sheet FS 000265 (June 2000), available at http://www.ncjrs.org/ pdffiles1/ojp/fs000265.pdf (last visited Jan. 28, 2003). Congress added its support by enacting the 1994 Crime Act, which authorized the Attorney General to make grants to states and local communities to establish drug courts. 42 U.S.C. § 3796ii (repealed April 26, 1996); see also A.R.S. § 13-3422 (2001) (authorizing the establishment of drug courts).

¶ 6 Juvenile drug courts developed during 1995 and 1996, with the goal of "provid[ing] immediate intervention in the lives of children and/or parents using drugs ... and structure for the litigants through the ongoing, active involvement and oversight of the drug court judges." Office of Justice Programs Drug Court Clearinghouse and Technical Assistance, Juvenile and Family Drug Courts: An Overview (1998), available at http://american.edu/ justice/publications/juvoverview.htm (last visited Jan. 28, 2003). General rehabilitative goals include providing the opportunity to become clean and sober, and the skills and support necessary to succeed in school, develop positive relationships, resist further criminal activity, and lead productive lives. Id. Proponents of juvenile drug courts felt that high caseloads and lack of treatment resources contributed to the juvenile court "becoming a forum focusing more on the determination of guilt than on the court's original mission of rehabilitation." Id. With this background in mind, we turn to the juveniles' arguments.

¶ 7 The juveniles argue that the juvenile court abused its discretion for two primary reasons. First, they contend that involuntary placement in Drug Court does not promote rehabilitation and is not in fact reasonably related to the purpose of juvenile probation. They explain that because court-ordered participation cannot effect rehabilitation, the "therapeutic purpose is undermined." Next, they argue that the facts of their respective cases do not support their placement in Drug Court. We reject these arguments, addressing collectively their general argument and respective dispositions.

¶ 8 Despite their contention that involuntary placement in Drug Court does not promote rehabilitation and is not reasonably related to rehabilitation, the juveniles concede that the purpose of Drug Court is rehabilitative in nature: "The goal of the program is to reduce juvenile drug and alcohol abuse."¹ Given that the goal of juvenile probation is rehabilitation, we are simply unable to say that Drug Court and its goals are not reasonably related to that purpose.

¶ 9 The juveniles argue, however, that because they do not want to participate, a team approach is lacking and therefore involuntary participation will not effect rehabilitation. As we have already stated, rehabilitation is the goal of all juvenile dispositions. Any disposition that requires court-ordered compliance, participation, counseling, detention, or community service to engender rehabilitation can hardly be regarded as voluntary. It is, however, the "inherent power of the court" to impose conditions of probation as it sees fit that will lead to rehabilitation. No. J-20705-3, 133 Ariz. at 297, 650 P.2d at 1279.

¶ 10 Each juvenile also complains that the imposition of 365 days is an abuse of discretion because if deferred, the juvenile remains under the threat of detention for longer than one year. Arizona Revised Statutes § 8-341(A)(1)(b) authorizes incarceration in juvenile detention for not longer than one year. We do not find an abuse of discretion in subjecting the juveniles to the possibility of 365 days of detention. The actual term served would not exceed the lawful maximum-365 days. The detention time imposed at the disposition is based on the juveniles' past transgressions; only its deferral is based on future conduct. Drug Court participants are given one year to complete the four phases, which requires earning 360 total "points." The goal is for each juvenile to earn 36 points a month thus allowing them to "graduate" in ten months. [TR 5/17 at 30] Neither juvenile demonstrates that he has been subjected to detention for longer than a year. Thus, the issue the juveniles complain of is not ripe for review.

2. In re: Miguel R.

¶ 11 The juvenile pled delinquent to possession of marijuana, a Class 6 undesignated felony. At the initial hearing, the court outlined the possible dispositions including standard probation, juvenile intensive probation ("JIPS"), juvenile detention, Adobe Mountain, restitution, community service, and drug counseling. The juvenile's mother made the following statement to the court:

I wondered if there was some place where they would teach him not to smoke marijuana to teach him that that [sic] is not good because I talked to him a lot and it does seem like he likes it but Miguel is a very good boy at home .... but I don't know why he likes to smoke and I know he likes to smoke.

The court ordered weekly drug testing pending the disposition hearing and informed the juvenile that the outcome would depend on him and whether he stopped using marijuana. At the next hearing, the court confirmed that the juvenile had spoken to Drug Court personnel, was interested and willing to participate, and that the mother was supportive of the program.

¶ 12 At the disposition hearing, the state recommended that if the juvenile did not participate in Drug Court, he at least drug test weekly and participate in the Treatment Assessment Screening Center ("TASC") program, the NCTI Minor in Possession class, and the HIP First Offender course. Counsel for the juvenile informed the court that she had researched Drug Court and concluded that it was premature for the juvenile in light of the probation officer's recommendation of standard probation. Counsel also noted that she had told the juvenile about the restrictive nature of Drug Court but that she was unable to communicate with the mother because of language differences.²

¶ 13 The court addressed the possible burden on the juvenile's mother but found that she was willing to make sacrifices so she could participate in the program. The mother indicated her accord with this statement by nodding her head for the court. After informing the juvenile that the disposition was not punitive but rehabilitative and intended to provide treatment, the court placed him on standard probation with all the special terms and conditions of Drug Court.

¶ 14 We do not find an abuse of discretion in the disposition of the court. Both the standard and special terms of his probation were intended to put the juvenile on the right track. Standard terms included refraining from drugs and alcohol, obeying the law and parental rules, not associating with anyone who is using illegal substances, and cooperating with drug and alcohol testing and treatment. Special terms included appearing at all Drug Court hearings,...