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ARIZONA HOUSE OF REPRESENTATIVESFifty-fourth Legislature Second Regular Session |
Senate: JUD DPA 6-0-1-0 | 3rd Read 29-0-1-0House: JUD DPA 6-4-0-0 |
SB 1171: criminal justice information; reporting; appropriation
Sponsor: Senator Mesnard, LD 17
Caucus & COW
Overview
Appropriates $300,000 from the state General Fund (GF) in FY 2021 to the Arizona Criminal Justice Commission (ACJC) for completing the criminal justice data inventory report and requires specified county attorneys to submit a report to ACJC biannually.
History
ACJC facilitates information and data exchange among Arizona's criminal justice agencies.
ACJC is required to submit legislatively mandated reports, such as biennial criminal justice system reviews, supplemental reports, annual reports on law enforcement activities and annual recidivism reports. Currently, ACJC is granted the ability to request necessary information from local or state criminal justice agencies (A.R.S. § 41-2405).
Provisions
1. 
States 12 months after the general
effective date, each county attorney from a county with a population of 2,000,000
or more people must compile a biannual report that includes the number of
felony cases that:
a) Are charged by the respective prosecutor's office through an indictment;
b) Are resolved by the respective prosecutor's office through a plea agreement and whether the defendant pleaded either guilty or no contest;
c) Are presented by the respective prosecutor for bench or jury trial consideration and whether the case ended with: i) a finding of guilt; ii) a finding of guilty except insane; iii) an acquittal; iv) dismissal based on a finding that the defendant is incompetent to stand trial; or v) a split decision;
d) A first-time felony offender received a sentence of probation, specified terms of imprisonment or death; and
e) A repetitive felony offender received a sentence of probation, specified terms of imprisonment or death. (Sec. 1)
2. Asserts the office of the prosecutor of each case must include all of the following in the required report:
a) Specified defendant demographic information;
b) The incident date;
c) The date for the filing of the initial charges;
d) The disposition of each charge of the case;
e) The disposition date;
f) The type of sentence imposed, including prison, supervised probation or unsupervised probation;
g) The length of the sentence;
h) The terms of any supervision that were imposed, including standard or intensive probation and electronic monitoring;
i) Whether the defendant was placed on probation following a prison sentence;
j) Whether the court imposed a fine;
k) The final restitution amount owed if any; and
l) Whether the conviction required the forfeiture of any property. (Sec. 1)
3. Mandates 12 months after the general effective date, the county attorney from a county with a population of 2,000,000 or more people that prosecutes any of the following charges must compile a biannual report for each applicable individual charge, including preparatory offenses that include drug type and weight in grams or pounds of the drugs involved, and including the following:
a) Possession or use of marijuana;
b) Possession or use of a dangerous drug;
c) Possession or use of a narcotic drug;
d) Possession or use of a prescription-only drug;
e) Possession for sale of marijuana;
f) Possession for sale of a dangerous drug;
g) Possession for sale of a narcotic drug;
h) Possession of equipment or chemicals to manufacture a dangerous drug or narcotic drug;
i) Manufacturing a dangerous or narcotic drug;
j) Administering a dangerous or narcotic drug to another person;
k) Obtaining or procuring the administration of a dangerous or narcotic drug by fraud, deceit, misrepresentation or subterfuge; or
l) 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, a dangerous drug, or a narcotic drug. (Sec. 1)
4. Prohibits the prosecutor from leaving any blank responses in the reports and requires the prosecutor to use standardized terms for any information unavailable for a report. (Sec. 1)
5. Designates ACJC as the central collection point for the criminal justice data reports and tasks ACJC with ensuring the reporting is uniform and consistent. (Sec. 1)
6. Mandates ACJC to review and consolidate data within 60 days of receiving the data or at the board meeting following receipt of the data. (Sec. 1)
7. Requires ACJC to calculate the overall recidivism rate of all prisoners who are released from the prison for 5, 10 and 15 years after the prisoner's release. (Sec. 1)
8. Asserts all recidivism data must be separately calculated by reconviction, reincarceration and rearrest. (Sec. 1)
9. Requires ACJC to submit the recidivism rates, the consolidated data report and ACJC's recommendations to the Governor and the Legislature 10 calendar days after the 60th day or 10 calendar days after ACJC adjourns. (Sec. 1)
10. States ACJC must ensure uniform and consistent reporting. (Sec. 1)
11. States, unless otherwise prohibited by federal or state law, ACJC can require any state or local criminal justice agency to submit any necessary information currently collected and maintained by the agency at the time of the request, including compliance with statutorily required reports, mandated federal or state reporting or any information deemed necessary by a full ACJC vote. (Sec. 1)
12. Stipulates ACJC is not authorized to require criminal justice agencies to collect or maintain any new data that is not required. (Sec. 1)
13. Directs a county attorney from a county with a population of 2,000,000 or more people to transmit the required reports to ACJC starting 12 months after the general effective date and every six months after. (Sec. 1)
14. Requires ACJC to post the reports, as well as the aggregate and case-level data required for the reports, on ACJC's website in an electronic format that is machine-readable, machine-searchable and readily accessible to the public starting 12 months after the general effective date and every six months after. (Sec. 1)
15. Prohibits the published reports from containing individualized or identifying personal information about any person arrested or prosecuted. (Sec. 1)
16. States a county attorney from a county with a population of 2,000,000 or more people may post the aggregate and case-level data included in the reports, as well as the collection date of the data, on their website starting 12 months after the general effective date and every six months after. (Sec. 1)
17. Defines case, charge, consideration, disposition, prosecutor, and unique defendant identifier. (Sec. 1)
18. Mandates ACJC conduct a comprehensive survey of data contained in criminal justice record systems housed at the following local and state criminal justice agencies to create a state criminal justice data inventory report identifying what data is housed at each agency listed below:
a) Courts;
b) Law enforcement agencies;
c) Prosecuting attorneys and public and legal defender offices;
d) The state Department of Corrections;
e) The Department of Juvenile Corrections; and
f) County and city jails. (Sec. 2)
19. Requires ACJC to do the following:
a) Submit the criminal justice data inventory report to the Governor, Secretary of State and the Legislature by August 1, 2021;
b) Ensure the reporting is uniform and consistent;
c) Ensure the report is made available in an online format on ACJC's website. (Sec. 2)
20. States the criminal justice data inventory report must contain cost estimates and recommendations on the technical elements necessary for ACJC to implement a statewide criminal justice data reporting system published on ACJC's website that allows for a modern, open, electronic format readily accessible to the public. (Sec. 2)
21. Requires the report to include 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. (Sec. 2)
22. Specifies by November 1, 2021, ACJC must develop a comprehensive list of data that the local and state criminal justice agencies are required to report into the statewide reporting system after the reporting system becomes operational. (Sec. 2)
23. Contains a legislative intent clause. (Sec. 3)
24. Appropriates $300,000 from the GF in FY 2021 to ACJC for the costs of completing the criminal justice data inventory report. (Sec. 4)
25. Exempts the appropriation from lapsing. (Sec. 4)
Amendments
Committee on Judiciary
1. Removes the requirement for specified county attorneys to submit the following reports twice a year to ACJC:
a) Outlined criminal justice information; and
b) Individual drug charge information. (Sec. 1)
2. Designates ACJC as the central collection point for criminal justice data collection, as opposed to reports. (Sec. 1)
3. Stipulates ACJC can require a criminal justice agency to submit necessary information currently collected and readily reportable. (Sec. 1)
4. States ACJC must conduct a comprehensive survey of data contained in criminal justice records systems and create a state criminal justice data inventory report when monies are specifically appropriated for that purpose. (Sec. 2)
5. Removes the $300,000 appropriation from the state general fund in FY2021 to ACJC for the costs of completing the criminal justice data inventory report. (Sec. 4)
6. Makes conforming changes. (Sec. 1)
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10. SB 1171
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