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REFERENCE TITLE: criminal justice; budget reconciliation; 2018-2019. |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2666 |
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Introduced by Representative Livingston (with permission of Committee on Rules)
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AN ACT
Amending sections 12‑128, 31‑238 and 41‑191.09, Arizona Revised Statutes; Amending title 41, chapter 21, article 1, Arizona Revised Statutes, by adding section 41‑2403; appropriating monies; relating to criminal justice budget reconciliation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-128, Arizona Revised Statutes, is amended to read:
12-128. Salary of judges; payment by state and counties
Judges of the superior court shall each receive an annual salary pursuant to section 41‑1904, which is payable one‑half by this state and one‑half by the counties respectively, except that in counties with a population of more than two million persons, beginning in:
1. Fiscal year 2010‑2011 through fiscal year 2018‑2019, the county shall pay one hundred per cent percent of the annual salary.
2. Fiscal year 2019‑2020, the county shall pay seventy‑five percent of the annual salary and this state shall pay twenty‑five percent of the annual salary.
3. Fiscal year 2020‑2021 and each fiscal year thereafter, the county shall pay fifty percent of the annual salary and this state shall pay fifty percent of the annual salary.
Sec. 2. Section 31-238, Arizona Revised Statutes, is amended to read:
31-238. Incarceration costs; setoff
A. The director of the state department of corrections shall establish a per annum an annual cost of incarceration for any person who is convicted in a state court and committed to the state department of corrections.
B. This cost of incarceration shall reflect the amount of dollars the this state expended spent in behalf of the prisoner and shall be the equivalent to equal the average cost of one year's incarceration, and the director shall credit or debit a prorated portion of the cost of incarceration with respect to any such person incarcerated for three hundred thirty‑four or fewer days in a given fiscal year.
C. The calculation of the number of days of incarceration in a given fiscal year for the purpose of such a fee shall include time served prior to before conviction.
D. The state shall have This state has the right to set off the cost of incarceration calculated under subsection A of this section at any time and without prior notice against any claim made by or monetary obligation owed to a person for whom a cost of incarceration can be calculated, except that twenty per cent percent of any claim or monetary obligation shall be is exempt from the provisions of this section.
E. Based on the average annual cost of incarceration for the previous three years, the this state may set off a sum to cover the minimum future incarceration that a person will serve but must tender to the person upon his on release the difference between the amount of monies set off and the actual cost of incarceration, if any.
F. If a person for whom a cost of incarceration can be calculated obtains a monetary judgment against the this state and the attorney general appears and exercises the rights of this section, any monies set off against the monetary judgment shall be distributed as follows:
1. Seventy per cent percent of the monies set off shall be transmitted to deposited in the state general fund.
2. Thirty per cent percent of the monies shall go be transmitted to the office of the attorney general to cover the costs associated with litigation.
G. On or before the fifteenth day of January and July of each year, the attorney general shall file with the president of the senate, the speaker of the house of representatives, the chairman of the senate and house appropriations committees, and the director of the joint legislative budget committee, a full and complete account of receipts and disbursements resulting from actions taken pursuant to subsection F for the previous six months.
Sec. 3. Section 41-191.09, Arizona Revised Statutes, is amended to read:
41-191.09. Attorney general legal services cost allocation fund; contributions; exemptions
A. The attorney general legal services cost allocation fund is established for the purpose of reimbursing the department of law for general agency counsel. Monies in the fund are subject to legislative appropriation. The attorney general shall administer the fund.
B. Except as provided in subsection E of this section, each state agency or department may be charged for general agency counsel provided by the department of law. The amount, if any, shall be specified annually in the general appropriations act.
C. On or before September 1 of each year, each state agency or department shall submit a report to the joint legislative budget committee that identifies the funding sources for the monies to be deposited pursuant to this section. The funding sources for the monies to be deposited pursuant to this section may not include the state general fund, federal funds or other funds that are legally restricted from making such payments.
D. A claim for the legal services cost allocation payment shall be submitted according to the fund source to the department of administration for deposit in the attorney general legal services cost allocation fund.
E. The following agencies are exempt from this section:
1. The department of water resources.
2. The residential utility consumer office.
3. The industrial commission.
4. The universities and the Arizona board of regents.
5. The auditor general.
6. The corporation commission.
7. The office of the governor.
8. The department of law.
9. The house of representatives.
10. The senate.
11. The joint legislative budget committee.
12. The Arizona state library, archives and public records.
13. The legislative council.
14. The department of administration risk management fund.
15. The department of transportation.
16. The Arizona game and fish department.
17. The department of economic security.
18. The Arizona health care cost containment system.
19. The superior court.
20. The court of appeals.
21. The supreme court.
22. The Arizona department of agriculture and councils that receive administrative and budgetary services from the Arizona department of agriculture.
23. All self‑supporting regulatory agencies as determined pursuant to section 35‑143.01.
24. The Arizona commerce authority.
25. The department of child safety.
F. Monies in the attorney general legal services cost allocation fund are exempt from lapsing to the state general fund at the end of each fiscal year.
Sec. 4. Title 41, chapter 21, article 1, Arizona Revised Statutes, is amended by adding section 41-2403, to read:
41-2403. Designated state administering agency for federal Edward Byrne memorial justice assistance grants; report
A. The Arizona criminal justice commission is this state's designated state administering agency for the federal Edward Byrne Memorial justice assistance grant that is administered by the United States department of justice, bureau of justice assistance, office of justice programs.
B. the Arizona criminal justice commission shall submit a copy of the federal application for Edward Byrne memorial justice assistance grant monies to the joint legislative budget committee for review at least thirty days before the federal application for the grant is submitted.
Sec. 5. GIITEM fund; county sheriff allocation; fiscal year 2018‑2019
Notwithstanding section 41‑1724, subsection C, Arizona Revised Statutes, in fiscal year 2018‑2019, of the monies deposited in the gang and immigration intelligence team enforcement mission fund established by section 41‑1724, Arizona Revised Statutes, after allocation of the first $500,000 to the county sheriff of a county with a population of less than five hundred thousand persons but more than three hundred thousand persons, $400,000 shall be allocated in fiscal year 2018‑2019 to the county sheriff of a county with a population of less than two million persons but more than eight hundred thousand persons.
Sec. 6. State department of corrections; budget structure
Notwithstanding any other law, the state department of corrections shall report actual fiscal year 2017-2018, estimated fiscal year 2018-2019 and requested fiscal year 2019-2020 expenditures in the same structure and detail as the prior fiscal year when the department submits the fiscal year 2019-2020 budget request pursuant to section 35-113, Arizona Revised Statutes. The information submitted for each line item shall contain as much detail as submitted in previous years for prior line items.
Sec. 7. GIITEM border security and law enforcement subaccount; expenditure plan; review
Notwithstanding section 41‑1724, subsection G, Arizona Revised Statutes, before the department of public safety spends any monies appropriated in the general appropriations act for fiscal year 2018‑2019 from the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 41‑1724, Arizona Revised Statutes, the department shall submit the subaccount's entire expenditure plan to the joint legislative budget committee for review.
Sec. 8. GIITEM border security and law enforcement subaccount; use; fiscal year 2018‑2019
Notwithstanding section 41-1724, subsection E, Arizona Revised Statutes, the department of public safety may use up to $148,700 of the amount appropriated in the fiscal year 2018-2019 general appropriations act from the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 41‑1724, Arizona Revised Statutes, in fiscal year 2018-2019 for costs related to an increase in the public safety personnel retirement system employer contribution rate.
Sec. 9. Department of public safety; state aid to indigent defense fund; concealed weapons permit fund; fiscal year 2018-2019
Notwithstanding sections 11-588 and 41‑1722, Arizona Revised Statutes, the department of public safety may use monies in the state aid to indigent defense fund established by section 11-588, Arizona Revised Statutes, and the concealed weapons permit fund established by section 41‑1722, Arizona Revised Statutes, in fiscal year 2018-2019 for operating expenses.
Sec. 10. Legislative intent; county contribution amount for committed youth in secure care facilities
It is the intent of the legislature that the amount of the annual committed youth confinement cost sharing fee that the director of the department of juvenile corrections must assess to each county for committed youth in secure care facilities pursuant to section 41‑2832, Arizona Revised Statutes, is each county's proportional share of $11,260,000, using population data from the most recent United States decennial census.
Sec. 11. State department of corrections; transition program fund; fiscal year 2018‑2019
Notwithstanding section 31‑284, Arizona Revised Statutes, the state department of corrections may use monies in the transition program fund established by section 31‑284, Arizona Revised Statutes, in fiscal year 2018‑2019 to expand the prison employment center.
Sec. 12. Department of public safety; Arizona highway patrol fund; fiscal year 2018‑2019
Notwithstanding section 41‑1752, Arizona Revised Statutes, the department of public safety may use the amount appropriated to the department of public safety in fiscal year 2018‑2019 from the Arizona highway patrol fund established by section 41‑1752, Arizona Revised Statutes, to update the criminal justice information system.
Sec. 13. Department of public safety; public safety equipment fund; fiscal year 2018‑2019
Notwithstanding section 41‑1723, Arizona Revised Statutes, the department of public safety may use the amount appropriated to the department of public safety in fiscal year 2018‑2019 from the public safety equipment fund established by section 41‑1723, Arizona Revised Statutes, to update the microwave backbone statewide communication system.
Sec. 14. Department of emergency and military affairs; military installation fund; fiscal year 2018‑2019
Notwithstanding section 26‑262, Arizona Revised Statutes, the department of emergency and military affairs may use up to $1,250,000 in the military installation fund established by section 26‑262, Arizona Revised Statutes, in fiscal year 2018‑2019 to construct a readiness center.
Sec. 15. Attorney general; consumer restitution and remediation revolving fund; fiscal year 2018‑2019
Notwithstanding section 44‑1531.02, Arizona Revised Statutes, the attorney general may use the amount appropriated to the attorney general in fiscal year 2018‑2019 from the consumer remediation subaccount of the consumer restitution and remediation revolving fund established by section 44‑1531.02, Arizona Revised Statutes, to upgrade the attorney general's case management information technology system and for licensing compliance.
Sec. 16. Attorney general; consumer restitution and remediation revolving fund; fiscal year 2020‑2021
Notwithstanding section 44‑1531.02, Arizona Revised Statutes, the attorney general may use $1,400,000 from the consumer remediation subaccount of the consumer restitution and remediation revolving fund established by section 44‑1531.02, Arizona Revised Statutes, for general operating expenses in fiscal year 2020‑2021.
Sec. 17. Supreme court; juvenile probation services fund; alternative dispute resolution fund; drug treatment and education fund; Arizona lengthy trial fund; fiscal years 2018‑2019 and 2019‑2020
Notwithstanding sections 8‑322, 12‑135, 13‑901.02 and 21‑222, Arizona Revised Statutes, in fiscal years 2018‑2019 and 2019‑2020 the supreme court may use up to $3,150,000 over the combined fiscal years to design, implement and upgrade a new appellate case management system. The total monies allocated by this section may not exceed $3,150,000. The supreme court may use monies in any of the following funds for the purposes of the new appellate case management system:
1. The juvenile probation services fund established by section 8‑322, Arizona Revised Statutes.
2. The alternative dispute resolution fund established by section 12‑135, Arizona Revised Statutes.
3. The drug treatment and education fund established by section 13‑901.02, Arizona Revised Statutes.
4. The Arizona lengthy trial fund established by section 21‑222, Arizona Revised Statutes.
Sec. 18. Department of public safety; concealed weapons permit fund; fiscal year 2018‑2019
Notwithstanding section 41‑1722, Arizona Revised Statutes, the department of public safety may use monies in the concealed weapons permit fund established by section 41‑1722, Arizona Revised Statutes, in fiscal year 2018‑2019 for expenses of the Arizona peace officer standards and training board.
Sec. 19. Department of public safety; drug and gang prevention resource center fund; fiscal year 2018‑2019
Notwithstanding section 41‑2402, Arizona Revised Statutes, the department of public safety may use the amount appropriated to the department of public safety in fiscal year 2018‑2019 from the drug and gang prevention resource center fund established by section 41‑2402, Arizona Revised Statutes, for the pharmaceutical diversion and drug theft task force.
Sec. 20. Department of public safety; highway monies; limit
Notwithstanding section 28-6537, Arizona Revised Statutes, the statutory caps and transfers of Arizona highway user revenue fund monies available to fund department of public safety highway patrol costs are suspended for fiscal year 2018-2019.