SB1420 - 502R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 28, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 28-1446, to read:

START_STATUTE28-1446. Driving under the influence court program; establishment; participation

A. The presiding judge of the superior court in each county may establish a driving under the influence court program in cooperation with the county attorney for the purpose of prosecuting, adjudicating and treating persons who are charged with a violation of section 28-1381 and who meet the criteria and guidelines for entry into the program that are developed and agreed on by the presiding judge and the county attorney.

B. Cases assigned to the driving under the influence court program may consist of defendants who are charged with driving under the influence pursuant to section 28-1381.

C. A defendant may be admitted into the driving under the influence court program before a guilty plea or a trial only on the agreement of the court and the prosecutor.

D. A defendant is not eligible for entry into the driving under the influence court program pursuant to subsections F and H of this section if any of the following applies:

1. The defendant has been convicted of a serious offense as defined in section 13-706.

2. The defendant has been convicted of an offense under title 13, chapter 14.

3. The defendant has been convicted of a dangerous offense.

4. The defendant has completed or previously been terminated from a driving under the influence court program other than a juvenile driving under the influence court program.

E. For the purposes of subsection D of this section, the age of the conviction does not matter.

F. Notwithstanding any law to the contrary, if a defendant who is assigned to the driving under the influence court program is subsequently found guilty of the offense and probation is otherwise available, the court, without entering a judgment of guilt and with the concurrence of the defendant, may defer further proceedings and place the defendant on probation. The terms and conditions of probation shall provide for the treatment or education of alcohol or drug abuse and shall include any other conditions and requirements that the court deems appropriate, including the imposition of a fine, payment of fees and any other terms and conditions.

G. If the defendant is placed on probation pursuant to subsection F of this section and the defendant violates a term or condition of probation, the court may terminate the defendant's participation in the driving under the influence court program, enter an adjudication of guilt and revoke the defendant's probation.

H. If the defendant is convicted of a violation of section 28-1381 and is placed on probation pursuant to subsection F of this section, on fulfillment of the terms and conditions of probation, the court may discharge the defendant and dismiss the proceedings against the defendant or may dispose of the case as provided by law.

I. A defendant is eligible for dismissal of proceedings as provided in subsection H of this section if the defendant is sentenced pursuant to section 28-1381, subsection I.

J. If the defendant is placed on probation pursuant to subsection F of this section and the defendant fails to fulfill the terms and conditions of probation, the court shall enter an adjudication of guilt and sentence the defendant as provided by law.

K. If a defendant chooses not to participate in the driving under the influence court program, the defendant shall be prosecuted as provided by law.

L. This section does not prohibit the presiding judge of the superior court from establishing a driving under the influence court program other than as prescribed in this section with other terms and conditions, including requiring a defendant to participate in a driving under the influence court program subsequent to the entry of judgment of guilt and sentencing. END_STATUTE

Sec. 2. Section 42-6109, Arizona Revised Statutes, is amended to read:

START_STATUTE42-6109. Jail facilities excise tax; maintenance of effort; definition

A. If approved by the qualified electors voting at a countywide general election, a county with a population of at least one million five hundred thousand persons shall levy and the department shall collect a transaction privilege tax, in addition to all other taxes, at rates of not more than 4.0 per cent of the transaction privilege tax rate prescribed by section 42‑5010, subsection A applying to each person engaging or continuing in the county in a business taxed under chapter 5, article 1 of this title.

B. If a tax is levied under subsection A of this section, the county board of supervisors, by resolution, may levy and, if levied, the department shall collect a use tax on the use or consumption of electricity or natural gas by retail electric or natural gas customers in the county and subject to use tax pursuant to section 42‑5155. The use tax levied pursuant to this subsection shall be applied as a percentage of the use tax imposed by chapter 5, article 4 of this title equal to the percentage determined under subsection A of this section.

C. Taxes shall be levied under this section beginning January 1 or July 1, whichever date first occurs after approval by the voters, or county board of supervisors, as applicable, and may continue in effect until the amount of nine hundred million dollars of revenue is collected, as determined by the department of revenue, but in any event not more than nine years as adopted by resolution of the county board of supervisors before the election and as approved by the voters. The board of supervisors may, by resolution, may decrease or increase the rates of taxes during the term of the taxes, subject to the maximum rates prescribed by this section.

D. At the end of each month the state treasurer shall transmit the net revenues collected pursuant to this section to the treasurer of the county levying the tax. If the county that initially imposes the tax under this section is divided into two or more new counties during the term of the tax, each new county shall continue to impose the tax, but the state treasurer shall transmit the net revenues collected within both counties equally to each of the new counties. The county treasurer shall segregate all the monies received under this section for use only for the purposes authorized by this section. The county treasurer may disburse monies from the fund only to:

1. Finance construction of new adult and juvenile jail facilities.

2. Maintain and operate adult and juvenile jail facilities.

3. Fund the following for the purpose of reducing the expense of adult and juvenile jail facilities:

(a) Implementing an integrated criminal justice information system.

(b) Developing regional centers for courts not of record.

(d) Consolidating criminal divisions of the superior court in the county to a common location.

(e) Expanding pretrial release supervision.

(f) Implementing electronic monitoring of preadjudicated defendants.

(g) Enhancing substance abuse evaluation and programming.

(h) Increasing drug court and driving under the influence court admissions to include preadjudicated defendants and expanding drug court and driving under the influence court jurisdiction.

(i) Using community based juvenile detention and postadjudication programs.

E. The county shall maintain its support of adult and juvenile jail facilities. The county shall determine the amount the county spent for maintenance and operation of adult and juvenile jail facilities in the fiscal year immediately preceding the first fiscal year in which the tax is levied under this section. The auditor general shall audit this amount and the audited amount is the base expenditure. Any outstanding debt due from a city, this state or the United States for the county housing prisoners pursuant to section 31‑121 shall be excluded from the base expenditure. In the first year the tax is levied under this section the county shall pay an amount equal to the base expenditure adjusted by the percentage change in the assessed valuation of the taxable property in the county, determined for secondary property tax purposes, from the preceding year. In each year the tax is imposed, the county shall pay an amount equal to the amount paid under this subsection in the preceding fiscal year, adjusted by the percentage change in the assessed valuation of the taxable property in the county, determined for secondary property tax purposes, from the preceding year. The county treasurer shall transfer that amount, without further authorization, in twelve equal monthly installments from the county general fund for the uses prescribed in subsection D of this section. For the purposes of this subsection, "maintenance and operation" includes detention personnel compensation, employee related expenses, utility expenses of the facility, costs of food and care of prisoners, administrative support costs and costs of maintaining and repairing the facility and grounds.

F. For the purposes of this section, "jail facility" means a jail or other place of detention of persons charged with or convicted of a crime or of persons who are subject to the jurisdiction of the juvenile court. START_STATUTE

Sec. 3. Section 42-6109.01, Arizona Revised Statutes, is amended to read:

START_STATUTE42-6109.01. Jail facilities excise tax; maintenance of effort; definitions

A. The board of supervisors of any county that levies a jail facilities excise tax under section 42‑6109, by resolution adopted before the expiration of that tax, may call for a countywide general election to authorize the levy of a transaction privilege tax under this section, in addition to all other taxes. If approved by the qualified electors voting at the countywide general election, the county shall levy and the department shall collect the tax at rates of not more than 4.0 per cent of the transaction privilege tax rate prescribed by section 42‑5010, subsection A applying to each person engaging or continuing in the county in a business taxed under chapter 5, article 1 of this title. By resolution, the board of supervisors may decrease the rates of the tax during the term of the tax.

B. The resolution shall:

1. Include a statement of the taxes that have been collected pursuant to section 42‑6109 and an accounting of how those revenues have been expended by project, program or category authorized by section 42‑6109.

2. Include a projection of the amount of taxes anticipated to be collected annually if the tax levy under This section 42‑6109.01 is approved in the countywide general election.

3. Identify the projects, programs and categories for which expenditures are contemplated and the amount of taxes that are estimated to be expended for each.

4. Be printed in the ballot proposition publicity pamphlet which will be mailed to every household with a registered voter.

C. Taxes under this section shall be levied beginning in the month following the expiration of the tax under section 42‑6109 and may continue for not more than twenty years after the date the tax collection begins.

D. At the end of each month the state treasurer shall transmit the net revenues collected pursuant to this section to the treasurer of the county levying the tax. If the county that initially imposes the tax under this section is divided into two or more new counties during the term of the tax, each new county shall continue to impose the tax, but the state treasurer shall transmit the net revenues collected within each county to that county as determined pursuant to section 42‑5034. The county treasurer shall segregate all the monies received under this section for use only for the purposes authorized by this section. The county treasurer may disburse revenues from the tax only to:

1. Finance construction or renovation of adult and juvenile jail facilities.

2. Maintain and operate adult and juvenile jail facilities.

3. Fund the following for the purpose of reducing the expense of adult and juvenile jail facilities:

(a) Implementing an integrated criminal justice information system.

(b) Developing regional centers for courts not of record.

(d) Consolidating criminal divisions of the superior court in the county to a common location.

(e) Expanding pretrial release supervision.

(f) Implementing electronic monitoring of preadjudicated defendants.

(g) Enhancing substance abuse evaluation and programming.

(h) Increasing drug court and driving under the influence court admissions to include preadjudicated defendants and expanding drug court and driving under the influence court jurisdiction.

(i) Using community based juvenile detention and postadjudication programs.

(j) Implementing other programs designed to reduce the expense of adult and juvenile facilities.

E. The county shall maintain its support of adult and juvenile jail facilities. In the first fiscal year the tax is levied under this section the county shall pay an amount equal to the amount paid under section 42‑6109 in the preceding fiscal year, adjusted by the percentage change in the GDP price deflator from the preceding fiscal year. In each fiscal year the tax is imposed, the county shall pay an amount equal to the amount paid under this subsection in the preceding fiscal year, adjusted by the percentage change in the GDP price deflator from the preceding fiscal year. The county treasurer shall transfer that amount, without further authorization, in twelve equal monthly installments from the county general fund for the uses prescribed in subsection D of this section.

F. For the purposes of this section:

1. "GDP price deflator" has the same meaning prescribed by in section 41‑563.

2. "Jail facility" means a jail or other place of detention of persons charged with or convicted of a crime or of persons who are subject to the jurisdiction of the juvenile court, including related support facilities. END_STATUTE