Assigned to JUD & APPROP                                                                              FOR CAUCUS & FLOOR ACTION

 

 

 

 

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2819

 

adult probation; county responsibility

 

Purpose

 

            Transfers the responsibility of adult probation costs to Maricopa County and reduces Maricopa County’s share of Arizona Health Care Cost Containment System (AHCCCS) related payments to the state.  Alters the amount of the probation surcharge and removes the probation ratios of officers to probationers for Maricopa County, but requires the county to maintain appropriate ratios consistent with evidence based practices in differentiated case management.  Appropriates $7,435,400 from the state General Fund in FY 2006-2007 to AHCCCS to offset the Maricopa County contribution to AHCCCS reductions and decreases appropriations made to AHCCCS from county funds and the superior court’s budget each by $7,435,400 in FY 2006-2007.

 

Background

 

Probation

 

            Statute articulates standards for probation, including officer to probationer ratios.  A juvenile probation officer cannot supervise more than an average of 35 probationers at one time, and an adult probation officer cannot supervise more than 60 probationers.  For juvenile and adult intensive probation, probation officers are placed in teams and a two-person team cannot supervise more then 25 probationers and a three-person team cannot supervise more than 40 probationers. 

 

Probationary Costs

 

            In addition to other penalties, a probation surcharge of $5 is levied on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and certain civil offenses.  The probation surcharge is deposited in the Judicial Collection Enhancement Fund (JCEF), which supplements monies currently used for the salaries of adult and juvenile probation and surveillance officers and probation services and programs.  The Administrative Office of the Courts (AOC) redistributes JCEF monies to the counties and estimates that in FY 2005-2006 the total revenues from the surcharge will be $3,294,900, of which $2,742,600 would be deposited into JCEF.  An FY 2005-2006 session law required Maricopa County to retain the monies it collects in the probation surcharge.  The AOC has interpreted the session law to allow Maricopa County to retain only the surcharge monies that are collected in the county courts.  Of the $1,960,700 in projected Maricopa County surcharges, the county only is expected to receive $744,900.  Under H.B. 2819, Maricopa County may charge a surcharge amount of its choosing and will retain all revenues collected from the surcharge in all courts located in the county.  While it is unclear what amount Maricopa County will charge for the probation surcharge, the county will likely receive additional probation surcharge monies in FY 2006-2007 and beyond.  Additionally, H.B. 2819 doubles the amount of the probation surcharge in all other counties, resulting in increased revenues to JCEF from other counties.  Since the other counties receive some monies derived from Maricopa County courts, the other counties will likely receive increased redistributions, but not a doubled amount.

 

The Joint Legislative Budget Committee (JLBC) estimates that H.B. 2819 does not have a state General Fund impact in FY 2006-2007 because the increase in the state’s share of AHCCCS costs will offset the state savings from transferring juvenile probation programs to Maricopa County.  Since FY 2004-2005, Maricopa County has assumed responsibility for adult probation costs and the state reduced the county’s contributions for AHCCCS-related payments.  In FY 2007-2008 and beyond, the net fiscal impact will depend on the level of foregone probation costs in future years. 

 

Provisions

 

Probation

 

1.      Requires Maricopa County to maintain probation standards prescribed by law, but specifies that the probation ratios of officers to supervised juveniles or adults do not apply to Maricopa County.

 

2.      Requires Maricopa County to maintain appropriate ratios of officers to probationers consistent with evidence based practices in differentiated case management.

 

3.      Requires Maricopa County to annually report on its probation performance to the Chief Justice of the Arizona Supreme Court, the Speaker of the House of Representatives and the President of the Senate before October 1 of each year.

 

4.      Requires the report submitted by the counties to include the following for each probation program:

a)      the rate of successful completion of probation.

b)      the rate of new felony convictions.

c)      the rate of commitment to the Arizona Department of Corrections or the Arizona Department of Juvenile Corrections.

 

Probationary Costs

 

5.      Allows Maricopa County to determine the probation surcharge that it must levy on every fine, penalty and forfeiture imposed and collected by the superior, justice and municipal courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except parking violations or for a violation of the game and fish statutes.

 

6.      Increases the required probation surcharge for all counties, except Maricopa County, from $5 to $10.

 

7.      Requires the probation surcharge for Maricopa County to be deposited into the Adult Probation Services Fund, the Juvenile Probation Fund or in such proportion determined by the Board of Supervisors.

 

8.      Specifies that probation fees and probation surcharges in Maricopa County are not state appropriations.

 

9.      Requires AOC to provide centralized support services to all counties from monies that are provided for probation programs.

 

10.  Specifies that the Economic Estimates Commission must increase Maricopa County’s base expenditure limit beginning in the fiscal year that the county assumes funding responsibility.

 

11.  Requires the Supreme Court to report to JLBC all amounts provided to Maricopa County for adult probation services or juvenile probation services.

 

12.  Reduces the appropriation made from the state General Fund to the superior court juvenile standard probation special line item in FY 2006-2007 by $3,110,900 due to Maricopa County taking on additional probation costs.

 

13.  Reduces the appropriation made from the state General Fund to the superior court juvenile intensive probation special line item in FY 2006-2007 by $3,769,400 due to Maricopa County taking on additional probation costs.

 

Other Funding

 

14.  Prohibits the AOC from disbursing any direct state aid for probation services monies, including motor pool costs, state aid for probation services, adult intensive probation and community punishment programs to Maricopa County.

 

15.  Reduces, beginning in FY 2006-2007, Maricopa County’s contribution for AHCCCS-related payments by the amount of state aid for probation services that the county would have received in the first fiscal year in which the county does not receive state aid for probation services.  Increases in the county’s AHCCCS-related payments in subsequent years must be reduced according to its proportionate share of the base contribution.

 

16.  Requires the county AHCCCS-related contributions to be reduced according to the following priority:

a)      Proposition 204 Administrative Contribution.

b)      AHCCCS Acute Care Contribution.

c)      Arizona Long Term Care System Contribution.

 

17.  Reduces the appropriation made to AHCCCS from county funds, specifically the AHCCCS Acute Care Contributions, by $7,435,400 in FY 2006-2007.

18.  Appropriates $7,435,400 from the state General Fund to AHCCCS to offset the reduction in county contributions in FY 2006-2007.

 

19.  Reduces the appropriation made from the state General Fund to the superior court for salary adjustments by $555,100 due to Maricopa County taking on additional probation costs in FY 2006-2007.

 

20.  Makes technical and conforming changes.

 

21.  Becomes effective on the general effective date.

 

Amendments Adopted by Judiciary Committee

 

1.      Clarifies that Maricopa County may charge a probation surcharge rate at its discretion and increases the probation surcharge for all other counties only.

 

2.      Makes technical and conforming changes.

 

Amendments Adopted by Appropriations Committee

 

1.      Requires Maricopa County’s probation ratios to be based upon evidence based practices and requires Maricopa County to report on its probation program.

 

2.      Establishes the appropriation off-setting numbers.

 

3.      Makes technical and conforming changes.

 

House Action                                                              Senate Action

 

JUD                 2/16/06     DPA     6-3-0-0                  JUD                 3/13/06     DPA     6-0-1-0

3rd Read           3/2/06                    36-21-3-0              APPROP         4/18/06     DPA     8-2-1-0

 

Prepared by Senate Research

April 19, 2006

JE/jas