PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2307
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 11, chapter 3, article 6, Arizona Revised Statutes, is amended by adding section 11-540, to read:
11-540. 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. The court shall hold regular review hearings to monitor the progress of persons in deferred prosecution programs.
C. 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.
D. if a county has established a county attorney deferred prosecution fund, Beginning in fiscal year 2015‑2016, the legislature shall annually appropriate to the county attorney deferred prosecution fund in each county forty per cent of any costs that are avoided in that county as calculated under subsection E of this section.
E. The joint legislative budget committee staff shall annually calculate any costs that have been avoided by increasing the percentage of persons from each county who are diverted into a deferred prosecution program pursuant to section 11‑361 and who would have otherwise been placed on supervised probation. The joint legislative budget committee staff shall calculate the cost avoidance for each county by comparing the number of persons who are diverted to a deferred prosecution program pursuant to section 11‑361 to the estimated number of persons who would have otherwise been placed on supervised probation in each county at the baseline percentage rate. This calculation shall be based on the fiscal year before the fiscal year in which the report is required. The baseline probation percentage rate is the percentage rate of persons sentenced to a term of supervised probation in fiscal year 2013‑2014. The joint legislative budget committee staff shall calculate an annual per person avoided cost by using the county's annual per person cost for supervised probation as of June 30 in the fiscal year before the fiscal year in which the report is required pursuant to subsection F of this section and the average length of time on probation for a person who is sentenced to a term of probation in the county.
F. On or before October 1 of each year, the county attorney of each county and the chief adult probation officer shall jointly report to the president of the senate, the speaker of the house of representatives and the governor and shall provide a copy of the report to the joint legislative budget committee and the secretary of state. The report shall include:
1. The number of persons diverted through diversion programs established pursuant to section 11‑361 in each county in the previous fiscal year.
2. The number of persons charged by the county attorney with a criminal offense in the previous fiscal year.
3. The average length of time on probation for a person who is sentenced to a term of probation in the county.
4. The probation department's most recent cost per person for supervised probation.
G. Beginning in fiscal year 2014‑2015, the joint legislative budget committee staff shall annually report by November 15 to the joint legislative budget committee the results calculated pursuant to this section."