36-2863. Justice reinvestment fund; exemption; distribution; definition

(Caution:  1998 Prop. 105 applies)

A. The justice reinvestment fund is established consisting of all monies deposited pursuant to section 36-2856 and interest earned on those monies.  Monies in the fund are continuously appropriated.  Monies in the fund and its accounts may not be transferred to any other fund except as provided in this section, do not revert to the state general fund, and are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. The state treasurer shall administer the fund.

B. All monies in the justice reinvestment fund must first be spent, and the state treasurer shall transfer monies from the fund, to pay:

1. The reasonable costs incurred by the state treasurer to administer the fund.

2. The reasonable administrative costs incurred by the department to carry out its duties pursuant to this section.

C. On or before June 30 and December 31 of each year, the state treasurer shall transfer all monies in the justice reinvestment fund in excess of the amounts paid pursuant to subsection B of this section as follows:

1. Thirty-five percent to county public health departments, in proportion to the population of each county according to the most recent United States decennial census, for the purpose of providing justice reinvestment programs or distributing grants to qualified nonprofit organizations to provide justice reinvestment programs in that county.

2. Thirty-five percent to the department for the purpose of distributing grants to qualified nonprofit organizations that provide justice reinvestment programs in this state.

3. Thirty percent to the department for the purpose of addressing important public health issues that affect this state.

D. Grants made pursuant to this section are exempt from title 41, chapter 23, and each grantee shall provide the granting agency with an annual report detailing the use of granted monies.

E. Monies transferred and received pursuant to subsection C of this section are not considered local revenues for the purposes of article IX, section 20, Constitution of Arizona.

F. The state treasurer may prescribe forms necessary to make transfers pursuant to subsection B of this section.

G. For the purposes of this section, "justice reinvestment programs" means initiatives or programs that focus on any of the following:

1. Public and behavioral health, including evidence-based and evidence-informed substance use prevention and treatment and substance use early intervention services.

2. Restorative justice, jail diversion, workforce development, industry-specific technical assistance or mentoring services for economically disadvantaged persons in communities disproportionately impacted by high rates of arrest and incarceration.

3. Addressing the underlying causes of crime, reducing drug-related arrests and reducing the prison population in this state. 

4. Creating or developing technology and programs to assist with the restoration of civil rights and the expungement of criminal records.