Chapter 0278 - 532R - S Ver of SB1523

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

Section 1. Section 12-128, Arizona Revised Statutes, is amended to read:

START_STATUTE12-128. 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. END_STATUTE

Sec. 2. Section 31-238, Arizona Revised Statutes, is amended to read:

START_STATUTE31-238. 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. END_STATUTE

Sec. 3. Section 41-191.03, Arizona Revised Statutes, is amended to read:

START_STATUTE41-191.03. Collection enforcement revolving fund; disposition of monies

A. The collection enforcement revolving fund is established for the purpose of collecting debts owed to the state. Monies in the fund are subject to legislative appropriation. The attorney general shall administer the fund.

B. The attorney general may expend from the collection enforcement revolving fund such the monies as that are necessary for operating expenses incurred by the department of law and the collection of debts owed to this state, including reimbursing other accounts or departments within the office of the attorney general from which monies or services for collection were provided.

C. Thirty‑five per cent percent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the collection enforcement revolving fund.

D. Sixty‑five per cent percent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be distributed as follows:

1. Those monies that are directly attributable to a fund containing monies that do not revert to the state general fund at the end of the fiscal year shall be deposited, pursuant to sections 35‑146 and 35‑147, in that fund.

2. All other monies shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.

E. Monies in the collection enforcement revolving fund are exempt from the lapsing provisions of section 35‑190 relating to lapsing of appropriations, except that monies remaining in the fund at the end of each fiscal year in excess of five hundred thousand one million dollars shall be distributed on a pro rata basis to the funds receiving monies pursuant to subsection D of this section. Such This distribution shall be based on the percentage that the collections deposited in each fund bear to the total amount deposited into in the funds during the fiscal year.

F. Notwithstanding anything in subsections B through E of this section, monies due and owing pursuant to section 12‑116.01 and collected by the attorney general shall be distributed as follows:

1. Twenty per cent percent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the collection enforcement revolving fund.

2. Eighty per cent percent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the criminal justice enhancement fund established by section 41‑2401. END_STATUTE

Sec. 4. Section 41-191.09, Arizona Revised Statutes, is amended to read:

START_STATUTE41-191.09. 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. END_STATUTE

Sec. 5. Title 41, chapter 21, article 1, Arizona Revised Statutes, is amended by adding section 41-2403, to read:

START_STATUTE41-2403. 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. END_STATUTE

Sec. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 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 may not exceed $16,000,000 for fiscal year 2018-2019.

Sec. 21. Appropriation; Arizona criminal justice commission; criminal case statistics study; exemption

A. A onetime sum of $200,000 is appropriated from the drug and gang prevention resource center fund established by section 41-2402, Arizona Revised Statutes, in fiscal year 2018-2019 to the Arizona criminal justice commission for distribution to the Yavapai county attorney's office and the Pinal county attorney's office to cover the cost associated with the criminal case statistics study.

B. 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.

Sec. 22. Criminal case statistics study; county attorneys; public website posting; requirements; delayed repeal; definitions

A. Beginning January 1, 2019, on the first day of each month for twelve consecutive months, the county attorney in Yavapai county and the county attorney in Pinal county shall post the following information for the previous month on the prosecutor's public website or on the public website of an affiliated association:

1. The respective aggregate number of misdemeanor and felony cases by individual defendant:

(a) That are indicted by the prosecutor's office.

(b) That are resolved by the prosecutor's office through a plea agreement. If resolved through a plea agreement, the prosecutor shall post the aggregate number of cases in which the defendant either:

(i) Pleaded guilty.

(ii) Pleaded no contest.

(d) In which a first-time felony offender received a sentence of:

(i) Less than one year of imprisonment.

(ii) One year or more but less than three years of imprisonment.

(iii) Three years or more but less than five years of imprisonment.

(iv) Five years or more but less than ten years of imprisonment.

(v) Ten years or more of imprisonment.

(e) In which a repetitive offender received a sentence of:

(i) Less than one year of imprisonment.

(ii) One year or more but less than three years of imprisonment.

(iii) Three years or more but less than five years of imprisonment.

(iv) Five years or more but less than ten years of imprisonment.

(v) Ten years or more of imprisonment.

2. For each individual defendant's indicted case, a breakdown of each offense charged and whether that offense was charged as a misdemeanor or felony.

3. For each misdemeanor and felony offense that was charged in each individual defendant's case:

(a) Whether the offense was resolved by plea agreement.

(b) If the offense was resolved by plea agreement, whether the defendant pleaded guilty or no contest.

(d) The verdict on each misdemeanor and felony charge that was submitted for bench or jury trial consideration.

(e) The final sentence entered on each charge.

(f) Any changes that were mandated by an appellate court to a final sentence that was entered by a justice or superior court.

4. For each individual defendant's case, whether the defendant has previously been charged with a felony in this state and, if the defendant has previously been charged with a felony in this state, how many prior felony charges in this state.

5. For each individual defendant's case in which the defendant has a prior felony conviction, a description of each prior felony conviction.

6. The amount, as recorded by the arresting officer, that was the basis for the following charges:

(a) Possession or use of marijuana or a dangerous or narcotic drug.

(b) Possession for sale of marijuana or a dangerous or narcotic drug.

(d) Manufacturing a dangerous or narcotic drug.

(e) Administering a dangerous or narcotic drug to another person.

(f) Obtaining or procuring the administration of a dangerous or narcotic drug by fraud, deceit, misrepresentation or subterfuge.

(g) Transporting for sale, importing into this state or offering to transport for sale or import into this state, selling, transferring or offering to sell or transfer marijuana or a dangerous or narcotic drug.

7. For each misdemeanor and felony case, each individual defendant's:

(a) Age.

(b) Race or ethnicity.

B. The information required by this section must be accessible by the public and remain on the prosecutor's public website in perpetuity.

C. This section is repealed from and after June 30, 2020.

D. For the purposes of this section:

1. "Consideration" means that a jury was empaneled and sworn in to consider the charges or, in the case of a bench trial, at least one witness testified.

2. "Prosecutor" means a county attorney.