House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HOUSE BILL 2307

 

 

 

AN ACT

 

amending section 11-362, Arizona Revised Statutes; amending title 11, chapter 2, article 11, Arizona Revised Statutes, by adding section 11-363; relating to the county attorney adult prosecution fund.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 11-362, Arizona Revised Statutes, is amended to read:

START_STATUTE11-362.  Deferred prosecution program; administration; guidelines; records; reports; technical assistance

A.  The program, as defined in section 11-361, shall be administered by the county attorney of each participating county according to guidelines established by the Arizona prosecuting attorneys' advisory council.  The Arizona prosecuting attorneys' advisory council shall modify the guidelines, as necessary, to conform to any changes that are made to a statute that authorizes the program.

B.  The county attorney of any county that has established a program shall:

1.  Establish and maintain statistical records pertaining to the program and shall including:

(a)  The number of persons who were enrolled in deferred prosecution programs during the previous fiscal year.

(b)  The number of persons who successfully completed deferred prosecution programs during the previous fiscal year.

(c)  If available, the number of persons who were enrolled in deferred prosecution programs during the previous fiscal year and who were subsequently convicted of a new felony offense.

2.  Annually submit an evaluation of the program to the president of the senate, and the speaker of the house of representatives and the joint legislative budget committee.

C.  On request of a county attorney, the Arizona prosecuting attorneys' advisory council shall provide technical assistance to the county attorney to develop or refine the county attorney's deferred prosecution program.

Sec. 2.  Title 11, chapter 2, article 11, Arizona Revised Statutes, is amended by adding section 11-363, to read:

START_STATUTE11-363.  County attorney adult deferred prosecution fund

A.  Each county may establish a county attorney deferred prosecution fund consisting of the following monies:

1.  County general fund appropriations.

2.  Federal monies that are appropriated for deferred prosecution programs.

3.  Grants, gifts, devises and donations from any public or private source.

4.  Legislative appropriations.

B.  Monies in the fund shall be used at the discretion of the county attorney for administering deferred prosecution programs established pursuant to section 11‑361.

C.  If a county has established a county attorney deferred prosecution fund, beginning in fiscal year 2015‑2016, the legislature shall annually appropriate monies to the county attorney deferred prosecution fund in each county. END_STATUTE