ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DP 10-0-0-0 | APPROP DP 13-0-0-0

HB 2401: juvenile dependency; state aid; appropriation

Sponsor:  Representative Biasiucci, LD 5

Caucus & COW

Overview

Establishes the State Aid for Juvenile Dependent Proceedings Fund (Fund). Appropriates $2,000,000 from the state General Fund (GF) to the Fund.

History

In juvenile court, a juvenile has a right to be represented by counsel in all proceedings that might result in detention and that involve offenses, dependency or termination of parental rights. If a juvenile, parent or guardian is found to be indigent and is entitled to counsel, the juvenile court must appoint an attorney to represent the juvenile, parent or guardian (A.R.S. § 8-221).

The Arizona Criminal Justice Commission (ACJC) is comprised of the Attorney General, directors of the Departments of Public Safety and of Corrections, the Administrative Director of the Courts, the chairman of the Board of Executive Clemency, and fourteen public members appointed by the Governor (A.R.S. § 41-2404). ACJC administers funds including the State Aid to County Attorneys Fund and State Aid to Indigent Defense Fund (A.R.S. § 41-2409).

If an appropriation lapses, no state agency may incur an expenditure at the end of a fiscal year under any appropriation made by the Legislature for that fiscal year (A.R.S. § 35-190).

Provisions

1.   Establishes the Fund to provide state aid to county public defenders, legal defenders and contract indigent defense counsel for juvenile dependency cases. (Sec. 1)

2.   Designates ACJC to administer the Fund. (Sec. 1)

3.   Directs ACJC to distribute the Fund to each county that experiences an increase in the three-year average of total juvenile dependency case filings in proportion to county's population. (Sec. 2)

4.   Instructs the State Treasurer to invest the Fund and reinvest all earnings back into the Fund. (Sec. 1)

5.   Requires county boards of supervisors to separately account for monies distributed from the Fund. (Sec. 2)

6.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAppropriates $2,000,000 from the GF in FY 2022 to the Fund. (Sec. 3)

7.   Exempts this appropriation from lapsing. (Sec. 3)

8.   Makes technical and conforming changes. (Sec. 2)

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12.                    HB 2401

13.  Initials AF  Page 0 Caucus & COW

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