SB1171 - 542R

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

Section 1. Title 41, chapter 17, article 1, Arizona Revised Statutes, is amended by adding section 41-2202, to read:

START_STATUTE41-2202. Uniform criminal justice data collection; reporting requirements; public access; withholding of monies for noncompliance; definitions

A. Beginning twelve months after the Effective Date of this section and every six months thereafter, each county attorney from a county with a population of two million or more persons shall make a report that includes the number of felony cases that:

1. Are charged by the respective prosecutor's office through an indictment.

2. Are resolved by the respective prosecutor's office through a plea agreement and whether the defendant pleaded either:

(a) guilty.

(b) no contest.

3. Are presented by the respective prosecutor for bench or jury trial consideration and whether the case ended with:

(a) A finding of guilt.

(b) A finding of guilty except insane.

(d) A dismissal based on a finding that the defendant is incompetent to stand trial.

(e) A split decision. If the jury splits the verdicts in a case, the prosecutor shall report the number of charges that ended in a finding of guilt and the number of charges that ended in an acquittal.

4. A first time felony offender received a sentence of:

(a) probation.

(b) Less than one year of imprisonment.

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

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

(f) Ten years or more of imprisonment.

(g) death.

5. A repetitive felony offender received a sentence of:

(a) probation.

(b) Less than one year of imprisonment.

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

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

(f) Ten years or more of imprisonment.

(g) death.

B. For each individual case that is included in the report required by subsection A of this section, the office of the prosecutor of the case shall include all of the following:

1. The Defendant's age.

2. The defendant's race as defined by the United States census bureau.

3. The defendant's gender.

4. The Defendant's primary language.

5. Whether the defendant is a person with a disability.

6. The Incident date.

7. The date for the filing of initial charges.

8. The Disposition of each charge of the case, including:

(a) Whether The Case or charges were dismissed by or on motion of the prosecutor and the reason for dismissal.

(b) All charges of which the defendant was convicted, if any.

(d) If the case was dismissed by a judge.

(e) If the case or any charges were rejected for prosecution.

(f) If no charge was filed.

9. The Disposition date.

10. The type of Sentence imposed, including prison, supervised probation or unsupervised probation.

11. The length of the Sentence.

12. The terms of any Supervision that was imposed, including standard or intensive probation and electronic monitoring.

13. Whether the defendant was placed on Probation following a prison sentence.

14. Whether the court imposed a Fine.

15. The final restitution amount owed, if any.

16. Whether the conviction required the forfeiture of any property.

C. Beginning twelve months after the Effective Date of this section and every six months thereafter, each county attorney from a county with a POPULATION of two million or more persons that prosecutes any of the following charges shall make a report For each applicable individual charge, including any PREPARATORY offenses under title 13, chapter 10, that includes the drug type and weight in grams or pounds of the drugs involved, except that If the arresting officer did not record a specific weight, the information may include the words, "NOT COLLECTED":

1. Possession or use of marijuana.

2. Possession or use of a dangerous drug.

3. Possession or use of a narcotic drug.

4. Possession or use of a prescription-only drug.

5. Possession for sale of marijuana.

6. Possession for sale of a dangerous drug.

7. Possession for sale of a narcotic drug.

8. Possession of equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug.

9. Possession of equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug.

10. Manufacturing a dangerous drug.

11. Manufacturing a narcotic drug.

12. Administering a dangerous drug to another person.

13. Administering a narcotic drug to another person.

14. Obtaining or procuring the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge.

15. Obtaining or procuring the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge.

16. 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.

17. 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 a dangerous drug.

18. 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 a narcotic drug.

D. The prosecutor may not leave any blank responses in the reports that are required under subsections A, B and C of this section and shall use the following words if information is not available for a report:

1. "Not Collected" For any data that is missing from a report because the office failed to obtain or report the data.

2. "To be Determined" For any data that is missing from the report because the requested data has not been obtained as of the date of the report.

3. "Not applicable" For any data that does not apply to the specific case.

4. "Refused" For any data that the individual chose not to provide.

5. "MISSING" for any data that is missing.

E. The director of the Arizona criminal justice commission is designated as the central collection point for criminal justice data reports. The Arizona criminal justice commission shall determine the method for each county attorney to transmit the reports prescribed by subsections A, B and C of this section to the arizona criminal justice commission. The director or the appointed members on the commission, or both, shall review and consolidate the data within sixty days after receiving the data or at the next scheduled commission board meeting following the receipt of the data. The Arizona criminal justice commission shall calculate the overall recidivism rate of all prisoners who are released from prison for five, ten and fifteen years after the prisoner's release. Recidivism shall be separately calculated by reconviction, reincarceration and rearrest. The director of the Arizona criminal justice commission shall submit the commission's recommendations, the recidivism rates and the consolidated data report ten calendar days after the sixtieth day or ten calendar days after the commission board adjourns to the governor, the speaker of the house of representatives, the president of the senate the minority leader in the house of representative and the minority leader in the senate. The Arizona criminal justice commission shall ensure that the reporting is completed in a uniform and consistent manner.

F. Unless prohibited by federal or state law, the commission may require any state or local criminal justice agency to submit any necessary information that is currently collected and maintained by the agency at the time of the request including but not limited to compliance with statutorily required reports, mandated federal or state reporting, or what information is deemed necessary by a vote of the full commission.

G. The subsection does not authorize the commission to require state or local criminal justice agencies to collect or maintain any new data that is not required under subsection f of this subsection.

H. Beginning twelve months after the enactment of this law and every six months thereafter, each county attorney from a county with a population of two million or more persons shall transmit the reports prescribed by subsections A, B and C of this section to the Arizona criminal justice commission.

I. Beginning twelve months after the enactment of this law and every six months thereafter, the Arizona criminal justice commission shall publish the reports prescribed by subsections A, B and C of this section, including the aggregate and case-level data required for the reports, on the Arizona criminal justice commission's website in a modern, open, electronic format that is machine‑readable, machine-searchable and readily accessible to the public. The published reports may not contain individualized or identifying personal information about any person who is arrested or prosecuted.

J. Beginning twelve months after the enactment of this law and every six months thereafter, Each county attorney from a county with a population of two million or more persons may make publicly available on each county attorney's website the aggregate and case-level data included in the reports prescribed by subsections A, B and C of this section. The data must include the date that the information was collected.

K. For the purposes of this section:

1. "Case" means all the charges that are associated with the same defendant and that are filed in court on the same date, except that a case involving multiple defendants is counted separately for each codefendant.

2. "Charge" means a criminal accusation by a prosecutor's office that a person committed an act in violation of an ordinance, citation, summary or statute defining an offense and includes accusations brought by ticket, citation, information, complaint, indictment or other charging instrument.

3. "Consideration" means a jury is empaneled and sworn in to consider the charges or, in the case of a bench trial, at least one witness testifies.

4. "Disposition" means the conclusion of the prosecution of any charge by a plea of no contest, diversion, dismissal, dismissal as part of a plea agreement, declination of prosecution, conviction as part of a plea agreement, conviction at trial, acquittal or any other means.

5. "Prosecutor" means County attorney or Deputy County Attorney.

6. "Unique defendant Identifier" means a randomly generated anonymized number that is assigned in place of the defendant's name or case number and that follows the individual across cases. END_STATUTE

Sec. 2. Arizona criminal justice commission; criminal justice data inventory report

A. The Arizona criminal justice commission shall conduct a comprehensive survey of data contained in criminal justice records systems housed at local and state criminal justice agencies, including courts, law enforcement agencies, prosecuting attorneys and public and legal defender offices, the state department of corrections, the department of juvenile corrections and county and city jails in order to create a state criminal justice data inventory report identifying what data is housed at each type of agency.

B. On or before August 1, 2021, the Arizona criminal justice commission shall submit the criminal justice data inventory report to the governor, the secretary of the state, the speaker of the house of representatives, the president of the senate, the minority leader in the house of representatives and the minority leader in the senate. The Arizona criminal justice commission shall ensure that the reporting is completed in a uniform and consistent manner and that the report is available in an online format on the commission's website.

C. The criminal justice data inventory report must contain cost estimates and recommendations on the technology elements that are necessary for the Arizona criminal justice commission to implement a statewide criminal justice data reporting system that is published on the commission's website in a modern, open, electronic format and that is readily accessible to the public. The report must also include, where identifiable, cost estimates for the necessary reprogramming or updating of local and state criminal justice agency data record systems to be able to transmit the required criminal justice data into the statewide reporting system.

D. On or before November 1, 2021, the Arizona criminal justice commission shall develop a comprehensive list of the data that local and state criminal justice agencies are required to report into the statewide reporting system after the reporting system becomes operational.

Sec. 3. Legislative intent

It is the intent of the legislature to implement a model for uniform criminal justice data collection by requiring state and local criminal justice agencies to report complete, accurate and timely data about their respective criminal prosecutions and to make this information available to the public. The legislature finds that implementing a uniform criminal justice data collection model is an important state interest and promotes criminal justice data transparency.

Sec. 4. Appropriation; criminal justice data inventory report; exemption

A. The sum of $300,000 is appropriated from the state general fund in fiscal year 2020-2021 to the Arizona criminal justice commission for the costs of completing the criminal justice data inventory report.

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.