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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2140 |
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AN ACT
amending section 12‑1721, Arizona Revised Statutes; relating to monetary judgment awarded to prisoners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-1721, Arizona Revised Statutes, is amended to read:
12-1721. Monetary judgment awarded to prisoners; outstanding restitution, medical care costs and incarceration costs; definition
A. In any civil action, a monetary judgment may not be paid to a person who is or was previously incarcerated in the state department of corrections before all restitution, medical care costs and incarceration costs owed by the person are paid if the monetary judgment is against this state, a political subdivision of this state, any prison, jail or correctional facility or any officer or agent of a prison, jail or correctional facility. If the monetary judgment is not sufficient to pay both restitution, medical care costs and incarceration costs that are owed, the monetary judgment must first be used to pay any outstanding restitution and a portion of any remaining balance may be set off and used to pay outstanding incarceration costs pursuant to section 31‑238 and medical care costs.
B. If the victim was ordered by the court to receive restitution through the clerk of the superior court, this state, the political subdivision of this state or the prison, jail or correctional facility that was ordered to satisfy the monetary judgment shall transfer enough of the monetary judgment to pay the remaining balance of the restitution order to the clerk of the superior court for distribution to the victim.
C. If money is transferred to a clerk of the superior court pursuant to subsection B of this section, this state, the political subdivision of this state or the prison, jail or correctional facility must also provide the clerk with the following information at the time of the transfer:
1. A copy of the monetary judgment.
2. The defendant's name and the case number of each case where restitution is owed.
3. The name and address of the transferring entity.
D. For the purposes of this section, "medical care costs" includes the costs that this state incurs for a person's medical care while incarcerated and that are directly attributable to an injury the person suffered while engaged in productive work in any prison or correctional facility under the jurisdiction of the state department of corrections or a private prison under contract with the state department of corrections as part of the prison industries program or while engaged in productive work for a private person, firm, corporation or association under a contract pursuant to section 41‑1624.01.