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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
criminal justice; budget reconciliation; 2021-2022.
Purpose
Makes statutory and session law changes relating to criminal justice necessary to implement the FY 2022 state budget.
Background
The Arizona Constitution prohibits substantive law from being included in the general appropriations, capital outlay appropriations and supplemental appropriations bills. However, it is often necessary to make statutory and session law changes to effectuate the budget. Thus, separate bills called budget reconciliation bills (BRBs) are introduced to enact these provisions. Because BRBs contain substantive law changes, the Arizona Constitution provides that they become effective on the general effective date, unless an emergency clause is enacted.
S.B. 1821 contains the budget reconciliation provisions for changes relating to criminal justice.
Provisions
Coordinated Reentry Planning Services Program (Reentry Program)
1. Allows a county to establish a Reentry Program within a county jail for the purpose of screening and assessing persons who are booked into a county jail and connecting those persons with behavioral health and substance use disorder treatment providers at the earliest possible stage in the criminal justice process.
2. Requires, subject to available monies, a Reentry Program to:
a) allow entities to access and use a cross-system recidivism tracking database that incorporates data obtained from prearrest diversion programs, reentry screenings that occur during the booking process, reentry planning that occurs before and during release and post-release treatment engagement;
b) allow entities to work in conjunction with counties, cities, towns, other political subdivisions of the state and superior courts to establish an information exchange mechanism that includes reentry planning efforts;
c) allow county and community-wide collaborative efforts to be established and maintained for jail reentry planning services that include treatment, peer support, housing, transportation and employment services and all branches of the criminal justice and court systems by developing a new coalition or extending an existing coalition;
d) establish working agreements with coalition partners in which treatment providers use the cross-system recidivism tracking database to record post-release treatment engagement; and
e) use the cross-system recidivism tracking database to record baseline and ongoing statistics for identified needs, referrals and future recidivism of reentry coordination participants.
3. Requires a county that establishes a Reentry Program to establish a planning committee to develop the Reentry Program's policies and procedures, including eligibility criteria, Reentry Program implementation and operation.
4. Requires the planning committee to consist of, at a minimum:
a) representatives of the law enforcement agencies participating in the Reentry Program;
b) a representative of the Reentry Program services provider;
c) a public defender or the public defender's designee;
d) a prosecuting attorney or the prosecuting attorney's designee;
e) a presiding superior court judge or the superior court judge's designee;
f) a clerk of the court or the clerk's designee; and
g) other stakeholders.
Supreme Court Rules and Administrative Orders (AOs)
5. Prohibits rules and AOs of the Supreme Court from abridging, enlarging or modifying statutory, contractual or common law real property rights or questions of substantive law.
6. Allows the Supreme Court to regulate pleading, practice and procedure in judicial proceedings in all Arizona courts by AOs, in addition to rules.
7. Subjects AOs imposed by the Supreme Court to the same requirements as rules imposed by the Supreme Court.
Digital Evidence Fund
8. Renames the Arizona Lengthy Trial Fund as the Arizona Lengthy Trial and Digital Evidence Fund.
9. Requires the Arizona Lengthy Trial and Digital Evidence Fund monies to pay for the management and storage of digital evidence and facilitation of the display of evidence to the jury and court at trial and related proceedings, if monies are available after statutory payments to jurors.
10. Allows the Supreme Court to prohibit additional filing fees imposed on cases that do not involve the use of digital evidence.
11. Renames the Document Storage and Retrieval Conversion Fund as the Document and Digital Evidence Storage and Retrieval Conversion Fund.
12. Adds managing and storing digital evidence and facilitating the display of evidence to the jury and court as a required expenditure from the Document and Digital Evidence Storage and Retrieval Conversion Fund.
13. Repeals statute relating to the electronic filing and access fee by the superior court.
General Adjudication Personnel and Support Fund
14. Allows the Supreme Court to appoint additional paralegals and law clerks for the general adjudication of water rights.
15. Requires the state to fully fund the superior court judge, master, clerk of the superior court, paralegal and law clerk positions relating to general adjudication of water rights.
16. Establishes the General Adjudication Personnel and Support Fund consisting of monies appropriated by the Legislature.
17. Requires General Adjudication Personnel and Support Fund monies to be used by:
a) the Supreme Court to provide additional full-time personnel for the general adjudication prescribed by this legislation and to provide case management and other support equipment, services and personnel; and
b) the Arizona Department of Water Resources (ADWR) for additional full-time personnel and other equipment and services related to the general adjudication.
18. Requires, for FY 2022 and FY 2023, the Supreme Court and ADWR to submit an expenditure plan to the Joint Legislative Budget Committee (JLBC) before any monies are spent from the fund.
19. Requires the JLBC Chairperson to determine whether the submitted plan requires review before the full JLBC.
Probation Success Incentive Payments and Grants
20. Requires the Administrative Office of the Courts (AOC), in consultation with each county's adult probation department, to calculate a county probation success incentive payment for each county for the most recently completed fiscal year and, subject to legislative appropriation, proportionately allocate the incentive payments based on the specific calculations required by this legislation.
21. Specifies that a county incentive payment is equal to the number of probationers prevented from entering prison compared to the county specific historical baseline, multiplied by 50 percent of the marginal cost of incarceration.
22. Requires the AOC to calculate a statewide incentive grant payment that equals the number of probationers successfully prevented from entering prison statewide compared to the statewide historic baseline, multiplied by 25 percent of the marginal cost of incarceration.
23. Requires, subject to legislative appropriation, the AOC to deposit the statewide incentive grant payment into a subaccount established by the AOC for the purposes of recidivism reduction and probation services improvement.
24. Requires a board that includes the chief probation officer from each county to make statewide incentive payment distribution decisions.
25. Requires a county chief probation officer to be recused from a vote to award statewide incentive payments to the officer's department.
26. Requires each county to use statewide and county incentive payments to improve supervision and rehabilitation services for probationers, including:
a) implementing and expanding evidence-based practices for risk and needs assessments for individualized programming;
b) implementing and expanding intermediate sanctions, including mandatory community restitution, home detention, day reporting, restorative justice programs and work furlough programs;
c) expanding the availability of evidence-based practices for rehabilitation programs, including drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs and job training and employment services;
d) recognizing and rewarding probation officers in adult probation departments whose work has advanced the implementation of evidence-based practices or has contributed to the probation department's recidivism reduction efforts;
e) paying for continuing education and training that focuses on evidence-based practices for probation officers, probation staff or both; and
f) evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity.
27. Requires the AOC to allocate county incentive payments to each county for distribution to the county's adult probation department to implement the outlined probation supervision and rehabilitation services.
28. Requires the statewide and county incentive payments to supplement, rather than supplant, any additional state or county appropriation for a county adult probation department.
29. Requires a county to distribute any received statewide and county incentive payments to its county adult probation department for probation improvement and recidivism reduction funding activities.
30. Allows a county to retain up to 15 percent of allocated incentive monies for administrative and data collection purposes.
31. Requires a county, within 60 days of receiving county or statewide incentive payments, to make the incentive payments and any interest available to the county's adult probation department for probation programming implementation.
32. Requires a county adult probation department to maintain a complete and accurate accounting of all monies received from incentive payments.
33. Requires the Director of the Arizona Department of Corrections (ADC), at the end of each fiscal year, to calculate the marginal cost of incarceration for the fiscal year and provide that information to the AOC.
34. Requires the marginal cost calculation to consider the average length of stay in prison and variable corrections costs such as health care services, food and clothing.
35. Requires the AOC, at the end of each fiscal year, to gather data on, calculate and report:
a) the probation failure rate for the state and each county;
b) an estimate of the number of adult probationers the state and each county successfully prevented from failing probation; and
c) the current total population of probationers for the previous three years per county as of the date of the required report.
36. Specifies that the estimate of the number of adult probationers is calculated based on the reduction in the baseline probation failure rate.
37. Requires, when estimating the number of adult probationers, the AOC, in consultation with the county adult probation department, to adjust the calculations to account for changes in the adult probation caseload in the most recent completed fiscal year as compared to the adult probation population during FYs 2008, 2015 and 2019.
38. Specifies that the baseline probation failure rate equals the average number of adult probationers who failed to successfully complete a term of probation during FYs 2008, 2009, 2015 and 2019 as a percentage of the average number of probationers who successfully completed a term of probation during those years.
39. Specifies that, when calculating probation failure, if a person on probation spends fewer than 14 days in detention, the person's detention is not a probation failure.
40. Specifies that, for the purposes of calculating the probation failure rate, the number of adult probationers who failed to successfully complete a term of probation includes a probationer whose:
a) probation was revoked for a new crime or technical violation;
b) whereabouts are unknown if an arrest warrant was issued for the probationer during the fiscal year; or
c) probation is terminated on serving a sentence in a county jail in lieu of probation revocation for a new crime or technical violation.
41. Requires the AOC, if data of sufficient quality and type are unavailable, to use the best data available and a methodology that is as consistent as reasonably possible with the methodology prescribed by this legislation to estimate probation success rates.
42. Requires the AOC to include an estimate of the total monies to be held and administered in the following fiscal year as part of the proposed judiciary budget.
43. Requires each county board of supervisors (county BOS) to periodically provide oversight regarding the allocation of incentive payment grants to the departments tasked with administering probation programming to ensure that disbursed monies are appropriately used as specified in this legislation.
44. Requires each county adult probation department to define and track outcome-based measures, including the:
a) percentage of probationers supervised in accordance with evidence-based practices;
b) specific eliminated supervision policies, procedures, programs and practices;
c) percentage of probationers who successfully complete the period of supervision;
d) number of probation absconders who are located each year and the disposition of each case; and
e) amount of monies received by each adult probation department.
45. Requires, by December 31, 2022, and each following year, every county adult probation department that receives incentive payments or grants to submit a written report to the AOC and the county BOS that accounts for incentive payments received and grants awarded and that evaluates the effectiveness of the program.
46. Requires, by July 1, 2023, and each following year, the AOC to submit a comprehensive report on the implementation of county and statewide incentive payments to the Governor, the Speaker of the House of Representatives, the President of the Senate and the JLBC.
47. Requires the comprehensive report to include:
a) the effectiveness of programs based on the reports of performance-based outcome measures required by this legislation;
b) the percentage of adult probationers whose supervision was revoked for the year that the report is being made;
c) the percentage of probationers who were convicted of criminal offenses during the probationer's term of supervision for the year that the report is being made;
d) the impact of the incentive payments allocated to enhance public safety by reducing, for the year that the report is being made, the:
i. percentage and the number of probationers whose supervision was revoked for new violations or convictions; and
ii. number of probationers who return to prison or jail or who abscond from probation;
e) recommendations regarding resource allocations or additional collaboration with other state, regional, federal or local entities for improvements made to probation services; and
f) the number of probationers whose supervision was revoked solely for a violation of the terms of probation and the number of probationers whose supervision was revoked because of the commission of a new offense.
48. Defines baseline probation failure rate as the average of the probation failure rates for FYs 2008, 2015 and 2019.
49. Specifies that each fiscal year's failure rate is:
a) the quotient of the number of persons on probation who failed to successfully complete the person's term of probation divided by the total number of persons on probation; and
b) calculated on a statewide basis and for each county.
50. Defines evidence-based programming as supervision policies, procedures, programs and practices demonstrated by scientific research to reduce recidivism among persons on probation.
51. Defines marginal cost of incarceration as the sum of all short-term variable costs associated with incarcerating a person in an ADC facility, including only those correctional costs that marginally change in proportion to the inmate population of a facility.
52. Defines probation programming as all programs established pursuant to statute regarding probation and restoration of civil rights and consists of a system of probation supervision services dedicated to:
a) enhancing public safety through managing and reducing offender risk while a probationer is under supervision and on reentry from prison into the community;
b) providing a range of supervision tools, sanctions and services applied to probationers based on a risk or needs assessment, or both, to reduce criminal conduct and promote individualized behavioral change that results in reducing recidivism and promoting successful reintegration into the community;
c) maximizing offender restitution, reconciliation and restorative applicable court orders and conditions of probation;
d) holding probationers accountable for successful compliance with applicable court orders and conditions of probation; and
e) improving public safety outcomes for a person placed on probation after an offense, as measured by the person's successful completion of probation and commensurate reduction in the rate of probationers returning to prison as a result of a revocation or conviction of a new offense.
Medical or Forensic Interview Expenses
53. Specifies that statutorily required medical or forensic interview expense payments to the victim of a dangerous crime against children or a sexual assault be paid with federal monies, state monies appropriated by the Legislature for investigation expenses or both.
Jury Service Excusal
54. Exempts correctional officers from jury duty beyond January 1, 2022.
Border Security Fund
55. Establishes the Border Security Fund consisting of legislative appropriations, gifts, grants and other donations.
56. Requires the Department of Emergency and Military Affairs (DEMA) to administer the Border Security Fund.
57. Appropriates monies in the Border Security Fund to DEMA continuously and allows DEMA to use the monies to:
a) prevent human trafficking;
b) prevent entry into the United States of aliens who are unlawfully present in the United States, terrorists, instruments of terrorism and contraband, including narcotics and other controlled substances;
c) plan, design, construct and maintain transportation, technology and commercial vehicle inspection infrastructure near Arizona's international border;
d) clear nonindigenous plants;
e) administer and manage the construction and maintenance of a physical border fence;
f) award grants to counties to provide housing in secure facilities; and
g) award grants to counties for prosecuting individuals who commit crimes specified in this legislation.
58. Requires DEMA, before spending any monies from the Border Security Fund, to consult with:
a) the Department of Public Safety (DPS) for all outlined uses of Border Security Fund monies;
b) the Arizona Department of Transportation for planning, designing, constructing and maintaining transportation, technology and commercial vehicle inspection infrastructure near Arizona's international border;
c) the Arizona Department of Forestry and Fire Management for clearing nonindigenous plants; and
d) the Arizona Department of Administration (ADOA) for constructing a physical border fence, awarding grants for secure facility housing and for prosecuting individuals who commit crimes related to crossing Arizona's international border.
59. Exempts monies in the Border Security Fund from lapsing.
60. Requires the Governor to request the federal government to reimburse state monies spent from the Border Security Fund for purposes outlined in this legislation and requires the reimbursements to be deposited in the state General Fund.
National Guard Cyber-Attack Prevention
61. Allows the Arizona National Guard to:
a) engage in cyber-attack prevention, response and support activities for the state and its political subdivisions; and
b) enter into mutual aid agreements pertaining to cyber response and protection activities with state agencies and political subdivisions of the state as authorized by statute.
62. Establishes the National Guard Cyber Response Revolving Fund (Cyber Response Fund) consisting of monies appropriated by the Legislature and monies received as reimbursement for costs incurred by the state while rendering cyber-attack prevention aid.
63. Requires DEMA to administer the Cyber Response Fund.
64. Specifies that monies in the Cyber Response Fund are continuously appropriated and exempt from lapsing.
65. Requires monies in the Cyber Response Fund to be used for costs incurred by the state while assisting its political subdivisions and state agencies, or as directed by the Governor, with cyber support activities.
Prosecution Expense Reimbursement
66. Requires a claim against the state for costs incurred from prosecuting a case under the jurisdiction of ADC to be sent to ADC, rather than the Governor, and removes ADOA from the process.
Mental Health Transition Pilot Program (Mental Health Program)
67. Requires ADC to establish the Mental Health Program to provide eligible inmates with transition services in the community.
68. Prohibits an inmate in the Mental Health Program from being released before the inmate's earliest release date.
69. Requires ADC to administer the Mental Health Program and contract with private or nonprofit entities to provide eligible inmates with mental health transition services.
70. Allows ADC to refer an inmate who has a mental health condition to be placed in the Mental Health Program.
71. Requires ADC to follow statutory requirements relating to the Arizona Procurement Code for the mental health transition services.
72. Requires ADC to place up to 500 eligible inmates in the Mental Health Program each fiscal year.
73. Requires the Director of ADC to adopt rules to implement the Mental Health Program that:
a) include eligibility criteria for receiving a contracted entity's mental health transition services;
b) require an eligible inmate to be offered services, which may include health care assistance to obtain Arizona Health Care Cost Containment System (AHCCCS) funded services, case management, housing, psychiatric management, drug testing that includes a DNA match to the person and the level of any prescription drugs and transportation; and
c) require that each eligible inmate receive services in the Mental Health Program for at least 90 days.
74. Requires an inmate, in order to be eligible for the Mental Health Program, to provide specific information in writing, be diagnosed as seriously mentally ill and, on release from prison, be eligible for AHCCCS benefits.
75. Requires ADC, in awarding contracts, to comply with statutory requirements relating to contracts for goods and services.
76. Requires ADC to conduct an annual study to determine the recidivism rates of inmates who receive a contracted entity's mental health transition services and requires the study to include recidivism rates of inmates who have been released from incarceration for a minimum of two years.
77. Requires ADC to evaluate a participating inmate and provide information to the contracted entity.
78. Requires ADC, by December 31 of each year, to submit a written report to the Governor, the President of the Senate, the Speaker of the House of Representatives and the JLBC, and to provide a copy to the Secretary of State.
79. Allows the annual report to be submitted electronically.
80. Requires the annual report to contain the:
a) one-year, two-year and three-year rates of return to ADC's custody for an inmate in the Mental Health Program compared to a released inmate with a seriously mentally ill diagnosis during the same time period who did not receive services in the Mental Health Program;
b) number of inmates who participated in the Mental Health Program at any point during the previous fiscal year;
c) number of inmates who completed 90 days of the Mental Health Program during the previous fiscal year;
d) number of inmates still enrolled in the Mental Health Program on the last day of the previous fiscal year;
e) number of inmates who were unsuccessfully discharged from the Mental Health Program during the previous fiscal year;
f) number of inmates who were successfully connected to AHCCCS services in the previous fiscal year, determined by the inmate both completing an intake for services and using the services throughout the 90-day period or through the end of the fiscal year, whichever comes first; and
g) number of participating inmates at any point during the previous fiscal year who used AHCCCS mental health services, substance abuse services, psychiatric management services, case management services and transportation or housing services or both.
81. Requires ADC to use information provided by an inmate to prepare the annual report.
82. Requires ADC to provide
information about the Mental Health Program to all inmates not serving a life
sentence on admission to prison, who have
a mental health condition or mental health co-occurring condition and to any
potentially eligible inmate nine months before the inmate's earliest release
date.
83. Defines recidivism as reincarceration in ADC for any reason.
84. Repeals the Mental Health Program on July 1, 2026.
School Safety Pilot Program (Safety Program)
85. Renames the Public Safety Interoperability Fund as the School Safety Interoperability Fund.
86. Requires the State Treasurer, rather than DPS, to administer the School Safety Interoperability Fund.
87. Requires monies in the School Safety Interoperability Fund to be distributed to county sheriffs who establish a Safety Program to be used for the Safety Program, rather than for interoperable communication systems.
88. Requires a Safety Program to:
a) encompass up to 800 schools across three different counties, including Maricopa County and two counties with a population of less than 500,000 persons;
b) enable the deployment of a secure, multimedia data communications system to a user base consisting of public safety agencies and public schools;
c) provide a communications solution environment that allows for:
i. identifying system users' identity, location and operational status during an incident;
ii. secure text messaging and file sharing to all users involved in an incident;
iii. secure sharing of collaborative maps, building floor plans and images between schools and public safety agencies;
iv. integrating manually activated panic alarm systems that, when activated, establish direct collaboration between schools and public safety agencies; and
v. using multiple forms of real-time communications and information collaboration, including voice and full-motion video sharing, during an incident;
d) be capable of deployment to end users on existing communications assets owned by participating entities;
e) allow each participating entity to maintain discretionary real-time control of all communications assets owned or operated by the entity;
f) encrypt all media communications;
g) be certified under the U.S. Department of Homeland Security Safety Act as qualified anti-terrorism technology;
h) be compatible with the Federal Emergency Management Agency Interoperable Gateway System for disaster communications; and
i) ensure student and staff privacy.
89. Requires, by November 1 of each year, county sheriffs who have established a Safety Program to submit a report to the JLBC of all expenditures made for the Safety Program in the preceding fiscal year.
Release of DPS Videos
90. Allows DPS to release to the public a copy of a video recording only if:
a) all persons other than peace officers shown in the video recording consent to the release, unless the person's identifying information has been redacted; or
b) DPS is the custodian of the video recording and reasonably determines that there is an important public purpose for releasing the video recording, including a situation in which the video recording involves:
i. a person being arrested for a misdemeanor or felony with a sentence that may result in incarceration;
ii. one or more peace officers using physical force; or
iii. an allegation of law enforcement misconduct.
91. Allows a parent, guardian, next of kin or estate to consent for a person shown in a video maintained by DPS if the person shown is deceased.
92. Requires DPS, before releasing to the public a copy of a video recording, to review the video to determine whether redacting or withholding the video is appropriate.
93. Requires DPS, if a reasonable expectation of privacy exists, to redact information that may identify persons shown in the video recording, unless:
a) DPS obtains the consent of all persons required by this legislation; or
b) the video recording involves an arrest for a misdemeanor or felony with a sentence that may result in incarceration.
94. Stipulates that, if the video recording involves an incident occurring in a public place, DPS is not required to redact information that may identify persons who appear in the video recording only incidentally.
95. Allows DPS to withhold or redact a video recording if:
a) it determines that the video recording is a public record and that privacy, confidentiality or the best interests of the state outweigh releasing or disclosing the video recording; or
b) withholding or redacting the video recording is necessary to protect a victim's rights guaranteed by the Arizona Constitution.
96. Requires DPS, notwithstanding statutory requirements regarding public records requests, to deny a person's request for a copy of a video recording if the person fails to comply with the requirements imposed by this legislation.
97. Prohibits DPS from releasing a copy of the video recording unless the person submits a written request that contains:
a) the date and approximate time of the video recording;
b) the specific location where the video recording occurred; and
c) the name of one or more persons known to be a subject of the video recording.
98. Allows a person who makes a public records request to DPS for a video recording but who fails to provide all information required by this legislation to submit a subsequent request for the same video recording by providing all required information.
99. Requires DPS to establish a fee charged to a person who submits a request for a copy of a peace officer's body-camera video recording.
100. Allows DPS to take into consideration when determining the amount of the fee:
a) the cost of reviewing, making a copy of and, as necessary, redacting the video recording;
b) the hourly compensation of a public records employee; and
c) any other relevant information.
Law Enforcement Officer Misconduct Investigation
101. Requires, in addition to a government committee, board or entity, a person or two-thirds of a government agency or department that investigates, influences the investigation of or recommends or imposes disciplinary actions for law enforcement officer misconduct to be:
a) an Arizona Peace Officer Standards and Training Board (AZPOST Board) certified law enforcement officer; and
b) from the same department as the law enforcement officer being investigated.
102. Requires a person or governmental review committee, board, agency, department or entity to only review outlined actions in order to qualify for exemption from membership requirements.
103. Allows no more than one-third of agency or department members to be nonvoting members.
105. Exempts the AZPOST Board from all membership requirements for civilian review boards or government committees, boards or entities investigating law enforcement misconduct, rather than only the requirement that members of the committee, board or entity be from the same department or agency.
106. Allows, in lieu of other statutory requirements, a person, before becoming a member of a civilian review board, to currently or previously be certified by the AZPOST Board.
107. Modifies the definition of civilian review board.
108. States that setting and maintaining standards of professionalism and integrity of law enforcement officers and peace officers is a matter of statewide concern.
109. Makes the following retroactive to January 1, 2021:
a) Laws 2021, Chapter 322 § 1 regarding AZPOST Board certification of law enforcement investigators and amendments made by this legislation; and
b) Laws 2021, Chapter 338 § 1 regarding civilian review board members' training and amendments made by this legislation.
Investigation of County Violations of State Law
110. Requires the Attorney General (AG), at the request of one or more members of the Legislature, to investigate any written policy, written rule or written regulation adopted by any entity of a county, city or town that the member alleges violates state law or the Constitution of Arizona.
111. Requires a member of the Legislature, before requesting an investigation by the AG of any written policy, written rule or written regulation adopted by any entity of a county, city or town, to first provide a written notification of the alleged violation of statute or the Arizona Constitution to the chief executive officer or governing body of the county, city or town.
112. Allows the member or members of the Legislature to request an investigation by the AG if the county, city or town does not repeal or otherwise resolve the violation within 60 days after receiving the notification.
Rapid DNA Testing
113. Requires the Director of DPS to adopt rules pursuant to statute prescribing procedures for administering rapid DNA testing of crime scene DNA samples, including:
a) procedures for approving rapid DNA testing devices;
b) procedures for ensuring the accuracy of results obtained from rapid DNA testing devices;
c) qualifications for persons who conduct rapid DNA testing; and
d) qualifications for persons who instruct others on administering rapid DNA testing.
114. Defines crime scene DNA sample as a DNA sample of unknown origin that is allegedly left at the scene of a crime during the commission of a crime.
115. Defines rapid DNA testing as a DNA analysis that is completed within five calendar days after collecting the DNA sample.
DEMA Readiness Center
116. Extends, from FY 2022 to FY 2026, the lapsing date of a $1,250,000 appropriation to DEMA from the Military Installation Fund for the construction of a readiness center.
Appellate Case Management System
117. Extends, from FY 2020 to FY 2022, the lapsing date of appropriated monies to the Supreme Court for the creation of a new appellate case management system.
118. Decreases, from $3,150,000 to $2,600,000, the maximum amount of monies the Supreme Court may use for the design, implementation and upgrade of a new appellate case management system.
ADC Budget Structure
DPS Indigent Defense Fund
120. Allows DPS to use monies in the State Aid to Indigent Defense Fund (Defense Fund) in FY 2022 for operating expenses, subject to other uses of the Defense Fund prescribed in statute.
DPS Virtual Firing Range
121. Requires DPS to purchase 1 virtual firing range for the White Mountain Apache police department using a $2,300,000 appropriation allocated for the purchase of 10 virtual firing ranges.
Miscellaneous
122. Makes technical and conforming changes.
123. Becomes effective on the general effective date, with a retroactivity provision as noted.
House Action
APPROP 5/25/21 DP 7-6-0-0
3rd Read 6/24/21 31-29-0
Prepared by Senate Research
June 29, 2021
ZD/RC/gs