Assigned to APPROP &                                                                                                                    AS ENACTED

 

 

 

 

ARIZONA STATE SENATE

Fifty-Third Legislature, Second Regular Session

 

ENACTED

 

AMENDED

FACT SHEET FOR S.B. 1523/H.B. 2666

 

criminal justice; budget reconciliation; 2018-2019

 

Purpose

 

Makes statutory and session law changes relating to the criminal justice system necessary to implement the FY 2019 state budget.

 

Background

 

The Arizona Constitution prohibits substantive law from being included in the general appropriations, capital outlay appropriations and supplemental appropriations bills. However, it is often necessary to make statutory and session law changes to effectuate the budget. Thus, separate bills called budget reconciliation bills (BRBs) are introduced to enact these provisions. Because BRBs contain substantive law changes, the Arizona Constitution provides that they become effective on the general effective date, unless an emergency clause is enacted.

 

S.B. 1523/H.B. 2666 contains the budget reconciliation provisions for changes relating to criminal justice.

 

Provisions

 

Department of Public Safety (DPS)

 

1.      Permits DPS, in FY 2019, to use monies in the State Aid to Indigent Defense Fund and the Concealed Weapons Permit (CCW) Fund for operating expenses.

 

2.      Permits DPS, in FY 2019, to use monies in the CCW Fund for expenses of the Arizona Peace Officer Standards and Training Board.

 

3.      Increases, from $10 million to $16 million, the statutory cap and transfer of Highway User Revenue Fund monies available to fund DPS highway patrol costs in FY 2019.

 

4.      Permits DPS to use the amount appropriated to it from the Arizona Highway Patrol Fund in FY 2019 to update the Criminal Justice Information System.

 

5.      Permits DPS to use the amount appropriated to it from the Public Safety Equipment Fund in FY 2019 to update the Microwave Backbone Statewide Communication System.

 

6.      Permits DPS to use the amount appropriated to it from the Drug and Gang Prevention Resource Center Fund in FY 2019 for the Pharmaceutical Diversion and Drug Theft Task Force.

 

7.      Stipulates that after the $500,000 allocation to the Pinal County Sheriff's Office from the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund in FY 2019, the next $400,000 will be allocated to the Pima County Sheriff's Office.

 

8.      Requires DPS to submit the GIITEM Border Security and Law Enforcement Subaccount's (GIITEM Subaccount) entire expenditure plan to the JLBC for review in FY 2019 before any expenditure.

 

9.      Allows DPS, in FY 2019, to use up to $148,700 of the amount appropriated to the GIITEM Subaccount for costs related to an increase in the Public Safety Personnel Retirement System employer contribution rate.

 

Judiciary

 

10.  Requires Maricopa County to share with the state for the payment of superior court judges' salaries as follows:

a)      in FY 2020, Maricopa County will cover 75 percent and the state 25 percent of the cost; and

b)      in FY 2021, and every fiscal year thereafter, Maricopa County and the state will each cover 50 percent of the cost.

 

11.  Permits the Arizona Supreme Court, in FYs 2019 and 2020, to design, implement and upgrade a new appellate case management system, using an aggregate $3.15 million over both fiscal years from:

a)      the Juvenile Probation Services Fund;

b)      the Alternative Dispute Resolution Fund;

c)      the Drug Treatment and Education Fund; and

d)      the Arizona Lengthy Trial Fund.

 

Attorney General (AG)

 

12.  Removes the requirement that the AG report setoffs of the costs of incarceration against monetary judgments awarded to inmates within the previous six months.

 

13.  Removes the requirement that each state agency and department report to the JLBC the fund sources used to pay for general agency counsel.

 

14.  Permits the AG to use the amount appropriated to the AG in FY 2019 from the Consumer Remediation Subaccount of the Consumer Restitution and Remediation Revolving Fund (Consumer Remediation Subaccount):

a)      to upgrade the AG's Case Management Information Technology System; and

b)      for licensing compliance.

 

15.  Permits the AG, in FY 2021, to use $1.4 million from the Consumer Remediation Subaccount for general operating expenses.

 

16.  Increases, from $500,000 to $1 million, the statutory cap on the nonlapsing requirement for monies in the Collection Enforcement Revolving Fund.

 

Arizona Department of Corrections (ADC)

 

17.  Requires ADC to report actual FY 2018, estimated FY 2019 and requested FY 2020 amounts as delineated in the prior year's submission when submitting its FY 2020 budget request.

 

Arizona Criminal Justice Commission (ACJC)

 

18.  Designates ACJC as the state's administering agency for the federal Edward Byrne Memorial Justice Assistance Grant (Grant).

 

19.  Requires ACJC to submit a copy of the application for the Grant to JLBC at least 30 days before the application is submitted.

 

Department of Emergency and Military Affairs (DEMA)

 

20.  Permits DEMA, in FY 2019, to use up to $1.25 million in the Military Installation Fund to construct a readiness center.

 

Miscellaneous

 

21.  Requires the county attorney in Yavapai and Pinal counties to post a criminal case statistics study (study), including specified information about defendants, on the county attorney's or affiliated association's website every month, beginning January 1, 2019.

 

22.  Requires that information in the study be accessible by the public and remain on the prosecutor's website in perpetuity.

 

23.  Repeals the study posting requirement on July 1, 2020.

 

24.  Appropriates $200,000 from the Drug and Gang Prevention Resource Center Fund in FY 2019 to ACJC for distribution to the Yavapai and Pinal county attorneys' offices for costs associated with the study.

 

25.  Exempts the appropriation to ACJC for the study from lapsing.

 

26.  Expresses the Legislature's intent that the Director of the Arizona Department of Juvenile Corrections assess to each county a proportional share of $11.26 million for the annual committed youth confinement cost sharing fee, using population data from the most recent decennial U.S. Census.

 

27.  Makes technical and conforming changes.

28.  Becomes effective on the general effective date.

 

Amendments Adopted by Committee of the Whole

 

1.      Increases the cap on the nonlapsing requirement for monies in the Collection Enforcement Revolving Fund.

 

2.      Repeals language allowing the Department of Corrections to use monies in the Transition Program Fund to expand the Prison Employment Center.

 

3.      Increases, from $10 million to $16 million, instead of suspending, the cap and transfer of Highway User Revenue Fund monies available to fund DPS Patrol costs.

 

4.      Requires county attorneys in Pinal County and Yavapai County to post a study on their respective websites and appropriates monies for related costs.

 

Senate Action                                                             House Action

 

APPROP         5/1/18     DP     6-4-0                          APPROP         5/1/18     DP     6-5-0-3

3rd Read          5/3/18               16-13-1                      3rd Read          5/3/18               36-23-1

(S.B. 1523 was substituted for H.B. 2666 on 3rd Read)

 

Signed by the Governor 5/3/18

Chapter 278

 

Prepared by Senate Research

May 7, 2018

JA/VR/lb