ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2666: criminal justice; budget reconciliation; 2018-2019. |
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PRIME SPONSOR: Representative Livingston (with permission of committee on Rules), LD 22 BILL STATUS: Appropriations |
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Relating to criminal justice agencies for the implementation of the FY 2019 budget.
Provisions
Arizona Department of Public Safety (ADPS)
GIITEM
1) Appropriates GIITEM Fund monies (A.R.S. § 41-1724) as follows in FY 2019:
a) $400,000 to a sheriff in a county with a population less than 2,000,000 persons and more than 800,000 persons (Pima County), after the first $500,000 is distributed as outlined in A.R.S. § 41-1724(C). (Sec. 5)
i) A.R.S. § 41-1724(C) distributes the first $500,000 collected to a sheriff in a county with less than 500,000 persons but more than 300,000 persons (Pinal County).
ii) Continuation of previous year.
2) Allows ADPS to use up to $148,700 of the FY 2019 GIITEM Subaccount appropriation for costs related to increases in the Public Safety Personnel Retirement System employer contribution rate. (Sec 8)
a) Similar to previous year appropriation.
b) The GIITEM Subaccount is established in A.R.S. § 41-1724(E) and receives $4 of the $13 surcharge on civil and criminal violations (A.R.S. 12-116.04).
a) Continuation of previous year.
Miscellaneous
4) Allows ADPS to use monies in the State Aid to Indigent Defense Fund (A.R.S. § 11-588) in FY 2019 for operating expenses. (Sec. 9)
a) Continuation of previous year.
5) Allows ADPS to use monies in the Concealed Weapons Permit Fund (A.R.S. § 41-1722) in FY 2019 for operating expenses. (Sec 9)
6) Permits ADPS to use the Highway Patrol Fund (A.R.S. § 41-1752) appropriation in FY 2019 to update the criminal justice information system. (Sec 12)
7) Allows ADPS to use the Public Safety Equipment Fund (A.R.S. § 41-1723) appropriation in FY 2019 to update the microwave backbone statewide communication system. (Sec 13)
8) Allows ADPS to use monies in the Concealed Weapons Permit Fund (A.R.S. § 41-1722) FY 2019 for AZPOST expenses. (Sec 18)
9) Permits ADPS to use monies appropriated from the Drug and Gang Prevention Resource Center Fund (A.R.S. § 41-2402) in FY 2019 for the Pharmaceutical Diversion and Drug Theft Task Force. (Sec 19)
10) Suspends the statutory cap of $10 million for transfers of HURF monies to the ADPS Highway Patrol in FY 2019. (Sec. 20)
a) Continuation of previous year.
b) A.R.S. § 28-6537 limits the amount of HURF monies that can be transferred to ADPS to $10 million per year.
Attorney General (AG)
11) Removes the requirement for the AG to file a report twice a year with receipts and disbursements for set offs against monetary judgments obtained by incarcerated persons. (Sec 2)
a) A.R.S. § 31-238 grants the state the right to set off the cost of incarceration against any claim made by or monetary obligation owed to a person who is or was incarcerated. 20% of the award is exempt. If monies are set off, 70% goes to the state GF while 30% is transmitted to the AG for costs associated with litigation. The AG is required to report twice a year to the Legislature with a full account of receipts and disbursements resulting from these set offs.
12) Removes the requirement for agencies to annually report to JLBC the funding sources for the payment of AG legal services through the Attorney General Legal Services Cost Allocation Fund. (Sec 3)
13) Allows the AG to use monies appropriated in FY 2019 from the Consumer Remediation Subaccount (A.R.S. § 44-1531.02) of the Consumer Restitution and Remediation Revolving Fund (A.R.S. § 44-1531.01):
a) To upgrade the AG's case management IT system; and
b) For licensing compliance. (Sec 15)
14) Permits the AG to use $1,400,000 from the Consumer Remediation Subaccount for operating expenses in FY 2021. (Sec 16)
Judiciary
15) Reduces the share of superior court judicial salaries that must be paid by a county with more than 2,000,000 persons (Maricopa County) as follows:
a) In FY 2020, requires Maricopa County to pay 75% of salary costs while the state must pay 25%.
b) In FY 2021 and after, Maricopa County and the state will both pay 50% of salary costs. (Sec 1)
i) Laws 2010, 7th S.S., Ch. 6, § 2 required Maricopa County to pay 100% of the cost of judicial salaries for superior court judges.
16) Allows the Supreme Court to use up to $3,150,000 over the combined FYs 2019 and 2020 from the following fund sources to design, implement and upgrade a new appellate case management system:
a) Juvenile Probation Services Fund (A.R.S. § 8-322);
b) Alternative Dispute Resolution Fund (A.R.S. § 12-135);
c) Drug Treatment and Education Fund (A.R.S. § 13-901.02); and
d) Arizona Lengthy Trial Fund (A.R.S. § 21-222). (Sec 17)
Miscellaneous
17) Makes ACJC the designated administering agency for the JAG. (Sec 4)
18) Requires ACJC to submit a copy of the federal application for JAG monies to JLBC at least 30 days prior to submitting the application. (Sec 4)
19) Requires ADC to report actual FY 2018, estimated FY 2019 and requested FY 2020 expenditures in the same structure and detail as the prior FY when submitting the FY 2020 budget request. The submission must contain as much detail as previously submitted years for prior line items. (Sec. 6)
a) Continuation of previous year.
20) Allows ADC to use monies in the Transition Program Fund (A.R.S. § 31-284) in FY 2019 to expand the prison employment center. (Sec 11)
21) Allows ADEMA to use up to $1,250,000 from the Military Installation Fund (A.R.S. § 26-262) in FY 2019 to construct a readiness center. (Sec 14)
22) States that it is the intent of the Legislature that each county pay an amount assessed for committed youth in secure care facilities, determined based on the county’s proportional share of $11,260,000. (Sec. 10)
a) Continuation of previous year.
Current Law
JAG is administered federally by the Bureau of Justice Assistance under the Department of Justice and provides state, tribal and local assistance for law enforcement, prosecution, indigent defense, courts, crime prevention/education, corrections, drug treatment/enforcement, planning, evaluation, technology, victim/witness initiatives and mental health programs. More information about JAG can be found here.
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Fifty-third Legislature HB 2666
Second Regular Session Version 1: Appropriations
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