PREFILED JAN 13 2020
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REFERENCE TITLE: criminal justice commission; data collection |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2227 |
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Introduced by Representative Allen J
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AN ACT
amending section 41‑2405, Arizona Revised Statutes; relating to the Arizona criminal justice commission.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-2405, Arizona Revised Statutes, is amended to read:
41-2405. Arizona criminal justice commission; powers and duties; staff
A. The Arizona criminal justice commission shall:
1. Monitor the progress and implementation of new and continuing criminal justice legislation.
2. Facilitate research among criminal justice agencies and maintain criminal justice system information.
3. Facilitate coordinated statewide efforts to improve criminal justice information and data sharing.
4. Prepare for the governor a biennial criminal justice system review report. The report shall contain:
(a) An analysis of all criminal justice programs created by the legislature in the preceding two years.
(b) An analysis of the effectiveness of the criminal code, with a discussion of any problems and recommendations for revisions if deemed necessary.
(c) A study of the level of activity in the several areas of the criminal justice system, with recommendations for redistribution of criminal justice revenues if deemed necessary.
(d) An overall review of the entire criminal justice system, including crime prevention, criminal apprehension, prosecution, court administration and incarceration at the state and local levels as well as funding needs for the system.
(e) Recommendations for constitutional, statutory and administrative revisions that are necessary to develop and maintain a cohesive and effective criminal justice system.
5. Provide supplemental reports on criminal justice issues of special timeliness.
6. In coordination with other governmental agencies, gather information on programs that are designed to effectuate community crime prevention and education using citizen participation and on programs for alcohol and drug abuse prevention, education and treatment and disseminate that information to the public, political subdivisions, law enforcement agencies and the legislature.
7. Make recommendations to the legislature and the governor regarding the purposes and formula for allocation of allocating fund monies as provided in section 41‑2401, subsection D and section 41‑2402 through the biennial agency budget request.
8. Adopt rules for the purpose of allocating fund monies as provided in sections 41‑2401, 41‑2402 and 41‑2407 that are consistent with the purposes set forth in those sections and that promote effective and efficient use of the monies.
9. Make reports to the governor and the legislature as they require.
10. Oversee the research, analyses, studies, reports and publication of crime and criminal justice statistics prepared by the Arizona statistical analysis center, which is an operating section of the Arizona criminal justice commission.
11. Prepare an annual report on law enforcement activities in this state that are funded by the drug and gang enforcement fund or the criminal justice enhancement fund and that relate to illicit drugs and drug related gang activity. The report shall be submitted by October 31 of each year to the governor, the president of the senate and the speaker of the house of representatives and a copy shall be submitted to the secretary of state. The report shall include:
(a) The name and a description of each law enforcement program dealing with illegal drug activity or street gang activity, or both.
(b) The objective and goals of each program.
(c) The source and amount of monies received by each program.
(d) The name of the agency or entity that administers each program.
(e) The effectiveness of each program.
12. Compile and disseminate information on best practices for cold case investigations, including effective victim communication procedures. For the purposes of this paragraph, "cold case" means a homicide or a felony sexual offense that remains unsolved for one year or more after being reported to a law enforcement agency and that has no viable and unexplored investigatory leads.
13. Beginning January 1, 2019, submit an annual recidivism report to the legislature that compares the recidivism rate for a person who serves a term of mandatory incarceration in a county jail pursuant to section 28‑1383 and a person who serves that term of mandatory incarceration in prison.
B. The Arizona criminal justice commission, as necessary to perform its functions, may:
1. Request Unless prohibited by federal or state law, require any state or local criminal justice agency to submit any necessary information that is available to the criminal justice agency or that can be collected without imposing a significant burden on or cost to the criminal justice agency. For the purposes of this paragraph, "information" means criminal justice information or data that is useful in the study of crime and the criminal justice system, that is required to comply with legislative mandated or requested reports, that is required for federal reporting or that is deemed necessary by a vote of the full commission.
2. Form subcommittees, make studies, conduct inquiries and hold hearings.
3. Subject to chapter 4, article 4 of this title, employ consultants for special projects and such staff as deemed necessary or advisable to carry out this section.
4. Delegate its duties to carry out this section, including:
(a) The authority to enter into contracts and agreements on behalf of the commission.
(b) Subject to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title, the authority to appoint, hire, terminate and discipline all personnel of the commission, including consultants.
5. Establish joint research and information facilities with governmental and private agencies.
6. Accept and expend public and private grants of monies, gifts and contributions and expend, distribute or allocate monies appropriated to the commission for the purpose of enhancing efforts to investigate or prosecute and adjudicate any crime and to implement this chapter.
7. Establish guidelines for submitting and retaining criminal justice information that:
(a) Include the procedures for criminal justice agencies to transfer information or data.
(b) Maintain the privacy and security of the information or data.
(c) Specify the conditions and agreements for the release of information or data that are consistent with maintaining the privacy and security of the information or data.