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REFERENCE TITLE: criminal justice information; reporting; collection |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1225 |
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Introduced by Senators Quezada: Terán; Representatives Andrade, Hernandez M
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AN ACT
amending title 41, chapter 21, article 1, Arizona Revised Statutes, by adding section 41-2410; relating to the arizona criminal justice commission.
(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 41-2410, to read:
41-2410. Criminal justice data collection and reporting; annual presentation; penalty
A. Not later than July 1, 2023 and annually thereafter, the Arizona criminal justice commission shall present to the legislature a report on prosecutorial data relating to the previous calendar year and shall make the report publicly available on the commission's website. Beginning on or after July 1, 2023, the commission shall include the data collected under subsection C of this section in its annual presentation.
B. Not later than July 1, 2023 and once every two weeks thereafter, the attorney general shall provide to the Arizona criminal justice commission the data collected under subsection C of this section for the previous two weeks.
C. The attorney general, in consultation with the Judicial Branch and the state Department of Corrections, shall collect the following data:
1. Disaggregated data as it relates to each defendant in criminal cases as follows:
(a) Demographic data, including the defendant's race or ethnicity and gender.
(b) The DEFENDANT'S age, and if the defendant is under eighteen years of age, whether the defendant's case was either:
(i) On the regular criminal docket of the Superior Court.
(ii) Under the jurisdiction of the juvenile court.
(c) The zip code of the defendant's primary residence.
(d) The DEFENDANT'S primary language, if known.
(e) Whether there is a court finding that the defendant is indigent.
2. Disaggregated data as it relates to each defendant for each alleged offense and any court proceedings associated with the alleged offense as follows:
(a) Each charge brought against the defendant, whether the case involves a:
(i) misdemeanor offense.
(ii) felony offense.
(iii) both a felony and misdemeanor offense, and in the case of a drug-related charge, the drug type and amount associated with each such charge.
(b) The date of any alleged offense and the municipality in which the alleged offense occurred.
(c) The date that the defendant was taken into custody by a law enforcement agency or was issued a notice to appear on a criminal charge and the date of the arraignment for each charge.
(d) The attorney assignment date and attorney withdrawal date, if applicable.
(e) The date of each court appearance by the defendant before disposition of the defendant's case.
(f) The date the defendant's case was disposed of by the court.
3. Disaggregated data as it relates to each defendant for each alleged offense related to bail or bond and other pretrial release determinations, including the following:
(a) Pretrial release determinations made at an arraignment hearing, including all monetary and nonmonetary conditions of release and any modifications to the conditions of release.
(b) Cash bail or bond payment, including whether the defendant used a professional bondsman or a surety bail bond agent to post a surety bond.
(c) The date that the defendant was released on bail or bond or under some other condition of pretrial release.
(d) Any bail or bond or other condition of pretrial release revocation due to a new offense, a failure to appear or a violation of the terms of bail or bond or other conditions of pretrial release.
(e) A county attorney's recommendations, if any, concerning setting or revoking bail or bond or other pretrial release conditions, if any.
(f) Any reason pretrial release was not granted, if applicable.
4. Disaggregated data as it relates to the sentencing of each defendant, including the following:
(a) The offense for which the defendant was sentenced, the statute under which the defendant was sentenced and the class of offense for which the defendant was sentenced, the length of any term of imprisonment to which the defendant was sentenced and any period of probation, parole or community supervision.
(b) The amount of time served in custody by the defendant related to the criminal case that is credited at the time of disposition of the case to reduce the actual length of time the defendant will serve as part of the term of imprisonment that is ordered by the court at disposition.
(c) Whether the defendant was offered or required to attend a diversionary program and which such programs were offered or required.
(d) The total amount of court fees or fines imposed by the court at the disposition of the defendant's case and any outstanding balance that the defendant may have on the fees or fines.
(e) Any restitution amount ordered including any amount collected by the court and any amount paid to a victim.
(f) Any offers of a plea deal and whether a plea deal was entered into and accepted by the court.
D. The attorney general shall assign a unique identifier to each piece of data required by subsection C of this section that associates that data to a single unidentified defendant. Information collected under this section that personally identifies a victim may not be disclosed. this section does not allow a person to access juvenile records that are maintained under seal by the court, unless otherwise provided by law, and information from any such record that personally identifies a juvenile defendant may not be disclosed.
E. Not later than January 1, 2023 and once every two weeks thereafter, the board of executive clemency shall report to the Arizona criminal justice commission and make available on the board's website the following information:
1. The outcomes of parole or community supervision violation hearings, including whether:
(a) probable cause of a parole or community supervision violation was found and the alleged violation was serious enough to warrant revocation of parole or community supervision.
(b) probable cause of a parole or community supervision violation was found but the alleged violation was not serious enough to warrant revocation.
(c) no probable cause of a parole or community supervision violation was found.
2. The number of:
(a) Individuals remanded to the custody of the state Department of Corrections for criminal and technical violations.
(b) Individuals held in custody beyond a hearing pending a final parole or community supervision revocation hearing.
3. Outcomes of final parole or community supervision revocation hearings, including whether there was a recommendation to reinstate parole or community supervision or revoke parole or community supervision.
F. Notwithstanding any other law, an entity that fails to collect and transmit data as required by this section is not eligible to receive monies from the Arizona criminal justice commission or any state grant program for five years after the date of the entity's noncompliance.