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1983 Arizona Attorney General Reports and Opinions 1 (1983)

handle is hein.sag/sagaz0006 and id is 1 raw text is: STATE CAPITOL
3Eubert 3. (!~orbin
January 4, 1983
INI'ERAGENCY
Mr. Harold Carden, Acting Director
Department of Corrections
321 West Indian School
Phoenix, Arizona 85013
Re: 183-001 (R82-133)
Dear Mr. MacDougall:
This letter is in response to your predecessor's
July 27, 1982 request for our opinion whether the Department of
Corrections has authority to require juveniles to pay
restitution to the victims of their delinquent acts. We
conclude that only the juvenile court has such authority.
A.R.S. § 8-202.A provides as follows:
The juvenile court has exclusive original
jurisdiction over all proceedings brought
under the authority of this chapter.
A.R.S. § 8-201.14 provides that:
Juvenile court means the juvenile
division of the superior court when
exercising its jurisdiction over children in
any proceeding relating to delinquency,
dependency or incorrigibility.
The.juvenile court may exercise jurisdiction over a child in
many different circumstances. However, the power of the
juvenile court to make a particular disposition of a delinquent
child is limited to the powers expressly granted to it by the
legislature. Matter of appeal in Maricopa County, Juvenile
Action No. J-85871, 120 Ariz. 154, 584 P.2d 618 (Ct.App. 1978).
The juvenile court is expressly authorized to require a child
that it has adjudicated delinquent pursuant to A.R.S. §§ 8-231
and 8-231.02 to pay restitution to the victim of his delinquent
act: