SB1496 - 532R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-532, Arizona Revised Statutes, is amended to read:

START_STATUTE11-532. Powers and duties; definition

A. The county attorney is the public prosecutor of the county and shall:

1. Attend the superior and other courts within the county and conduct, on behalf of the state, all prosecutions for public offenses.

2. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the county attorney has information that the offenses have been committed.

3. If not engaged in criminal proceedings in the superior court, attend on the magistrates in cases of arrest if required by them, and attend before and give advice to the grand jury.

4. Draw indictments and informations, defend actions brought against the county and prosecute actions to recover recognizances forfeited in courts of record and actions for recovery of debts, fines, penalties and forfeitures accruing to the state or county.

5. Deliver receipts for monies or property received in the county attorney's official capacity and file duplicate receipts with the clerk of the board.

6. On the first Monday of January, April, July and October in each year, file with the board of supervisors an account, verified by oath, of all monies received in the county attorney's official capacity during the preceding three months, and at the same time pay it to the county treasurer.

7. When required, give a written opinion to county officers on matters relating to the duties of their offices.

8. Keep a register of official business, and enter in the register every action prosecuted, criminal or civil, and of the proceedings of the action.

9. Act as the legal advisor to the board of supervisors, attend its meetings and oppose claims against the county that the county attorney deems unjust or illegal.

10. Act as attorney for school districts except as provided in section 15‑343, or except in any lawsuits involving a conflict of interest with other county offices at which time the attorney general may represent the school district.

11. Act as attorney for the community college district except as provided in section 15‑1448 or except in any lawsuits involving a conflict of interest with other county offices, at which time the attorney general may represent the community college district.

12. Defend all locally valued and assessed property tax appeals as provided in section 42‑16208.

B. On receipt of an appellant's brief in a criminal appeal, the county attorney shall furnish the attorney general with a true statement of the facts in the case, together with the available authorities and citations that are responsive to the assignments or specifications of error.

C. The county attorney may represent a school district governing board member against whom an action is brought in the board member's individual capacity until it is established as a matter of law that the alleged activity or events that form the basis of the complaint were not performed, or not directed to be performed, within the scope or course of the member's duties.

D. Notwithstanding article 12 of this chapter, in connection with the investigation or prosecution of any matter involving the death of a person, the county attorney may request that the medical examiner, for the county in which the prosecution will take place, conduct the medical examination.

E. The county attorney may provide civil legal services to another county or other political subdivision of this state or an officer, employee or agency of a political subdivision of this state at the request of that county's or political subdivision's elected or appointed general counsel or pursuant to an intergovernmental agreement entered into by the county and the other political subdivision as provided in chapter 7, article 3 of this title at the request of the county attorney. Any intergovernmental agreement shall state any payment to be rendered for the services and the scope of the representation. The county attorney may also obtain civil legal services for the county or for an officer, employee or agency of the county, from the elected or appointed general counsel of another county or other political subdivision of this state by request or pursuant to an intergovernmental agreement.

F. If the county attorney administers a felony pretrial intervention program for the county, the county attorney may not exclude a person from participating in the program based solely on the person being a repeat offender.

F. G. For the purposes of this section, "general counsel" means an elected or appointed county attorney, city attorney or town attorney. END_STATUTE

Sec. 2. Section 31-411.01, Arizona Revised Statutes, is amended to read:

START_STATUTE31-411.01. Parole or community supervision for persons previously convicted of possession or use of marijuana, a dangerous drug or a narcotic drug; treatment; prevention; education; termination of parole or community supervision

A. Notwithstanding any law to the contrary, every prisoner who is eligible for parole or community supervision pursuant to section 41‑1604.16 shall be released upon on parole or community supervision if in its sole discretion the board of executive clemency determines that there is a substantial probability that the prisoner will remain at liberty without violating the law and the release is in the best interests of the people of this state. If a prisoner is denied release on parole or community supervision, the prisoner is not entitled to a rehearing under this section.

B. If a prisoner is released upon parole or community supervision pursuant to this section, The board of executive clemency shall order that as a condition of parole or community supervision the person be required to participate in an appropriate drug treatment or education program that is administered by a qualified agency, organization or individual approved by the department of health services and that provides the treatment or education to persons who abuse controlled substances. Each person who is enrolled in a drug treatment or education program shall pay for the costs of participation in the program to the extent of the person's financial ability.

C. A prisoner who is released upon on parole or community supervision pursuant to this section shall remain on parole or community supervision until the prisoner reaches the earned release credit date pursuant to section 41‑1604.10 or the community supervision expiration date pursuant to section 41‑1604.07. A prisoner who is on earned release credit release pursuant to section 41‑1604.10 is not under the control of the state department of corrections and the department is not required to provide parole services or to otherwise supervise any prisoner released except that the department may revoke the release of the prisoner until the final expiration of the prisoner's sentence if the department believes that the released prisoner has engaged in criminal conduct during the term of the prisoner's release.

D. The board of executive clemency may revoke the prisoner's release if the prisoner violates the conditions of supervision that are imposed by the board or the state department of corrections. END_STATUTE

Sec. 3. Section 41-1604.16, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1604.16. Probation, parole or community supervision eligibility for persons previously convicted of possession or use of marijuana, a dangerous drug, a narcotic drug or drug paraphernalia; annual report

A. Notwithstanding any law to the contrary, if a prisoner has been convicted of the possession or use of marijuana pursuant to section 13‑3405, subsection A, paragraph 1, possession or use of a dangerous drug pursuant to section 13‑3407, subsection A, paragraph 1, or possession or use of a narcotic drug pursuant to section 13‑3408, subsection A, paragraph 1 or possession or use of drug paraphernalia pursuant to section 13‑3415, subsection A and the prisoner is not concurrently serving another sentence for an offense that is not listed in this subsection, the prisoner is eligible for parole or if the offense for which the prisoner was incarcerated was committed on or after January 1, 1994, the prisoner is eligible for community supervision. If the court waived community supervision pursuant to section 13‑603, subsection K, a prisoner may be released to begin the term of probation if the offender agrees to also participate in the outpatient programs that are required for prisoners who are on community supervision pursuant to this section if otherwise eligible.

B. This section does not apply to a prisoner who has any of the following:

1. Any person who has Previously been convicted of a violent crime as defined in section 13-901.03 or who has previously been convicted and sentenced in any jurisdiction in the United States of any felony offense is not eligible for parole or community supervision pursuant to this section. If the department is unable to determine if a person has a prior felony conviction, the department shall refer the inmate record to the sentencing court. The sentencing court shall determine if the person has a prior felony conviction. For the purposes of this subsection, the age of the conviction does not matter an offense included in title 13, chapter 14 or 35.1.

2. A felony detainer.

3. Been found to be in violation of a major violent rule during the prisoner's current period of incarceration or to be in violation of any other major rule within the previous six months. For the purposes of this paragraph, an accumulation of minor rule violations does not equal a major rule violation.

4. Served less than fifty percent of the person's sentence.

5. Previously been released pursuant to this section and violated a term of the prisoner's release.

C. On or before June 3, 1997 within thirty days after the effective date of this amendment to this section, the director of the state department of corrections shall prepare a list that identifies each person who is eligible for probation, parole or community supervision pursuant to this section and shall deliver the list to the board of executive clemency.

D. An offense that is committed in another jurisdiction and that is not classified as a felony in Arizona is not a felony offense for purposes of this section.

D. The director shall:

1. Require each prisoner who is placed on probation, parole or community supervision pursuant to this section to attend and participate in an outpatient program that provides substance abuse treatment, including the administration of naltrexone or other similar pharmacological treatments for the management of opioid dependence, if appropriate.

2. On or before September 30 of each year, submit a report to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state that includes all of the following:

(a) The number of prisoners who were transferred to probation, parole or community supervision pursuant to this section in the previous year.

(b) The annual total dollar amount of the difference in cost to the department for prisoners who are transferred to probation, parole or community supervision pursuant to this section compared to the average daily per diem cost of prisoners who are incarcerated in a prison facility.

(c) The number of prisoners whose probation, parole or community supervision was revoked and who were returned to prison during the previous year.

3. Use the amount calculated pursuant to paragraph 2, subdivision (b) of this subsection for prisoner outpatient programs, for other costs to administer the requirements of this section and for correctional officer compensation.

4. Not deny the eligibility of a prisoner to be released under this section because the prisoner does not have a place to reside before being released. END_STATUTE

Sec. 4. Laws 2017, chapter 286, section 1 is amended to read:

Section 1. Appropriation; felony pretrial intervention programs; exemption

A. The sum of $2,750,000 is appropriated from the following funds in the following amounts in fiscal year 2017-2018 to the Arizona criminal justice commission:

1. $1,000,000 from the penitentiary land fund established by section 37‑525, Arizona Revised Statutes.

2. $1,000,000 from the state charitable, penal and reformatory institutions land fund established by section 37‑525, Arizona Revised Statutes.

3. $750,000 from the inmate store proceeds fund established by section 41‑1604.02, Arizona Revised Statutes.

B. The Arizona criminal justice commission shall proportionately distribute the monies to county attorney offices that are located in counties with a population of less than three million persons for the purpose of administering felony pretrial intervention programs. Monies received pursuant to this appropriation may be used only for felony pretrial intervention programs administered by the respective county attorney offices, except that the Arizona criminal justice commission may spend up to one percent of the monies for administrative expenses. Felony pretrial intervention programs shall provide substance abuse treatment including medically assisted treatment with mandatory drug testing when appropriate, cognitive behavioral therapy and case management services as appropriate for nondangerous, nonrepetitive offenders. The county attorney may place persons who are repeat offenders or who have co‑occurring disorders in a felony pretrial intervention program that is funded pursuant to this section. The county attorney shall require each felony pretrial intervention program treatment provider to provide the county attorney with a report on each offender's attendance record and whether an offender fails a drug test.

C. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations. END_STATUTE