Arizona DJC Youth Pay to Stay Policy

To Whom It May Concern:

Pursuant to the Arizona Public Records Law, I hereby request the following records:

The following materials regarding the imposition, assessment, collection and balances of fees and debt for incarcerated youth (i.e., juvenile):

a) All current policies and procedures regarding medical and room & board costs or fees for which incarcerated youth (i.e. juvenile) and/or their parents or legal guardians are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).

b) All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department/office or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of youths (i.e., juveniles) charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

Mercy Loyo

Hi,

Thanks so much for your help with this request! I really appreciate it.

May you confirm whether or not the Arizona Department of Juvenile Corrections collects and/or imposes room and board or medical fees for incarcerated youth? I have found statutory evidence that suggests the department is authorized to collect fees. Below for your reference is the statute:

Ariz. Rev. Stat. Ann. § 8-243(B):
"B. If the juvenile court awards or commits a child to the department of juvenile corrections or other state department or institution, the juvenile court shall inquire into the ability of the child, the child's estate, parent or guardian or the person who has custody of the child to bear the charge, expense and maintenance including the medical, dental and mental health care of the child while the child is committed to the custody of the department of juvenile corrections or other public or private institution or agency, or private person or persons. If the court is satisfied that the child, the child's estate, parent or guardian or the person who has custody of the child can bear the charges, expense and maintenance or any portion of them, the juvenile court shall fix the amount thereof and direct that the child, the child's estate, parent or guardian or the person who has custody of the child pay the amount monthly to the department of juvenile corrections or other public or private institution or agency, or private person or persons to which the child is awarded or committed. The department of juvenile corrections or other public or private institution or agency or private person or persons shall acknowledge the receipt of the monies. The department of juvenile corrections shall retain and utilize the money it receives to fund work restitution programs for juveniles. Except as provided in section 8-243.01, other state institutions or agencies shall deposit, pursuant to sections 35-146 and 35-147, the money in the state general fund. The juvenile court shall transmit a copy of its orders concerning payment along with its order of commitment."

Sincerely,
Mercy Loyo