|
REFERENCE TITLE: juvenile dependency; state aid; appropriation |
|
State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
|
|
HB 2401 |
|
|
|
Introduced by Representative Biasiucci
|
AN ACT
amending title 41, chapter 21, article 1, arizona revised statutes, by adding section 41-2408; amending section 41-2409, arizona revised statutes; appropriating monies; relating to juvenile dependency proceedings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 21, article 1, Arizona Revised Statutes, is amended by adding section 41-2408, to read:
41-2408. State aid for juvenile dependency proceedings fund; exemption
A. the state aid for juvenile dependency proceedings fund is established consisting of legislative appropriations. monies in the fund shall be used to provide state aid to county public defenders, legal defenders and contract indigent defense counsel for the processing of juvenile dependency cases.
b. the arizona criminal justice commission shall administer the fund. monies in the fund are continuously appropriated. the commission shall distribute monies in the fund to each county pursuant to section 41‑2409, subsection e.
c. monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
d. on notice from the commission, the state treasurer shall invest and DIVEST MONIES in the fund as provided by section 35-313, and monies earned from investments shall be credited to the fund.
Sec. 2. Section 41-2409, Arizona Revised Statutes, is amended to read:
41-2409. State aid; administration; report
A. The Arizona criminal justice commission shall administer the state aid to county attorneys fund established by section 11‑539. By September 1 of each year, the commission shall distribute monies in the fund to each county according to the following composite index formula:
1. The three year three-year average of the total felony filings in the superior court in the county, divided by the statewide three year three-year average of the total felony filings in the superior court.
2. The county population, as adopted by the department of economic security office of economic opportunity, divided by the statewide population, as adopted by the department of economic security office of economic opportunity.
3. The sum of paragraphs 1 and 2 of this subsection divided by two equals the composite index.
4. The composite index for each county shall be used as the multiplier against the total funds appropriated from the state general fund and other monies distributed to the fund pursuant to section 41‑2421.
B. The board of supervisors in each county shall separately account for the monies transmitted pursuant to subsection A of this section and may expend these monies only for the purposes specified in section 11‑539. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11‑539.
C. The Arizona criminal justice commission shall administer the state aid to indigent defense fund established by section 11‑588. By September 1 of each fiscal year, the commission shall distribute monies in the fund to each county according to the following composite index formula:
1. The three year three-year average of the total felony filings in the superior court in the county divided by the statewide three year three‑year average of the total felony filings in the superior court.
2. The county population, as adopted by the department of economic security office of economic opportunity, divided by the statewide population, as adopted by the department of economic security office of economic opportunity.
3. The sum of paragraphs 1 and 2 of this subsection divided by two equals the composite index.
4. The composite index for each county shall be used as the multiplier against the total funds appropriated from the state general fund and other monies distributed to the fund pursuant to section 41‑2421.
D. The board of supervisors shall separately account for the monies transmitted pursuant to subsection C of this section and may expend these monies only for the purposes specified in section 11‑588. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11‑588.
e. On or before september 1 of each fiscal year, the arizona criminal justice commission shall distribute monies in the fund to each county in which the three-year average of the total juvenile dependency case filings in the superior court in the county exceeds the three-year average juvenile dependency case filings in the superior court of the county for fiscal years 2012-2013, 2013-2014 and 2014-2015 based on the proportion that the population of each qualifying county bears to the total qualifying county population.
f. the board of supervisors shall separately account for the monies distributed pursuant to subsection e of this section and may spend these monies only for the purposes specified in section 41-2408. the county treasurer shall invest these monies and interest earned shall be spent only for the purposes specified in section 41-2408.
E. g. By January 8, 2001 and by On or before January 8 each year thereafter, the commission shall report to each county board of supervisors, the governor, the legislature, the joint legislative budget committee, the chief justice of the supreme court and the attorney general on the expenditure of the monies in the state aid to county attorneys fund and the state aid to indigent defense fund for the prior fiscal year and on the progress made in achieving the goal of improved criminal case processing.
Sec. 3. Appropriation; state aid for juvenile dependency proceedings fund; exemption
A. The sum of $2,000,000 is appropriated from the state general fund in fiscal year 2021-2022 to the state aid for juvenile dependency proceedings fund established by section 41-2408, Arizona Revised Statutes, as added by this act.
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.