House Engrossed

State of Arizona House of Representatives Forty-ninth Legislature Seventh Special Session 2010

HOUSE BILL 2006

 

AN ACT

 

amending sections 5-396, 12‑128, 13-701, 13-3821 and 13-3824, Arizona Revised Statutes; repealing section 13‑3828, Arizona Revised Statutes; amending sections 28‑1383 and 28-8288, Arizona Revised Statutes; amending title 31, chapter 1, article 2, Arizona Revised Statutes, by adding section 31-133; amending sections 31‑201.01, 31‑284, 31-401, 41-191.03, 41‑1723, 41‑1772, 41‑1825, 41‑2401 and 41-2402, Arizona Revised Statutes; repealing section 41‑3010.12, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41‑3011.15; amending section 41‑4301, Arizona Revised Statutes; amending title 41, chapter 42, article 1, Arizona Revised Statutes, by adding section 41-4303; amending section 44‑1531.01, Arizona Revised Statutes; amending Laws 2007, chapter 261, section 16, as amended by Laws 2009, Third Special Session, chapter 6, section 21; repealing Laws 2009, third special session, chapter 6, section 33; making appropriations; relating to criminal justice budget reconciliation; providing for conditional enactment.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 5-396, Arizona Revised Statutes, is amended to read:

START_STATUTE5-396.  Aggravated operating or actual physical control of motorized watercraft while under the influence of intoxicating liquor or drugs; classification

A.  A person is guilty of aggravated operating or actual physical control of a motorized watercraft that is underway while under the influence of intoxicating liquor or drugs if the person does any of the following:

1.  Within a period of eighty-four months commits a third or subsequent violation of section 5‑395 or 5‑397 or this section or is convicted of a violation of section 5‑395 or 5‑397 or this section and has previously been convicted of any combination of convictions of section 5‑395 or 5‑397 or this section or acts committed in another jurisdiction that if committed in this state would be a violation of section 5‑395 or 5‑397 or this section.

2.  While a person under fifteen years of age is aboard the motorized watercraft, commits any of the following:

(a)  A first violation of section 5-395, if the person recklessly endangers the person who is under fifteen years of age with a substantial risk of physical injury.

(b)  A second violation of section 5-395 within a period of eighty-four months.

(c)  A violation of section 5-397.

B.  The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision provided in subsection A, paragraph 1 or paragraph 2, subdivision (b) of this section regardless of the sequence in which the offenses were committed.  For the purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts.  The time that a probationer is found to be on absconder status or the time that a person is incarcerated in any state, federal, county or city jail or correctional facility is excluded when determining the eighty-four month period provided in subsection A, paragraph 1, subsection A, paragraph 2, subdivision (b) and subsection D of this section.

C.  A person who is convicted under subsection A, paragraph 1 of this section and who within an eighty-four month period has been convicted of two prior violations of section 5‑395 or 5‑397 or this section, or acts committed in another jurisdiction that if committed in this state would be a violation of section 5‑395 or 5‑397 or this section, is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison jail.

D.  A person who is convicted under subsection A, paragraph 1 of this section and who within an eighty-four month period has been convicted of three or more prior violations of section 5‑395 or 5‑397 or this section, or acts committed in another jurisdiction that if committed in this state would be a violation of section 5‑395 or 5‑397 or this section, is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison jail.

E.  A person who is convicted under subsection A, paragraph 2, subdivision (a) or (b) of this section shall serve at least the minimum term of incarceration required pursuant to section 5-395.01.

F.  A person who is convicted under subsection A, paragraph 2, subdivision (c) of this section shall serve at least the minimum term of incarceration required pursuant to section 5-397.

G.  A person who is convicted of a violation of this section and who is placed on probation shall attend and complete alcohol or drug screening, counseling and education from an approved facility and, if ordered by the court, treatment from an approved facility.  If the person fails to comply with this subsection, in addition to section 13‑901 the court may order that the person be incarcerated as a term of probation as follows:

1.  For a person sentenced pursuant to subsection C of this section, for an individual period of not more than four months and a total period of not more than one year.

2.  For a person sentenced pursuant to subsection D of this section, for an individual period of not more than eight months and a total period of not more than two years.

H.  The time that a person spends in custody pursuant to subsection G of this section shall not be counted toward the sentence imposed if the person's probation is revoked and the person is sentenced to prison incarcerated following revocation of probation.

I.  On conviction for a violation of this section, the court:

1.  Shall order the person to pay a fine of not less than seven hundred fifty dollars.

2.  In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of two hundred fifty dollars.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.  The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28‑1304.  Any fine imposed for a violation of this section and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in this paragraph.

3.  In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.

4.  In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.

J.  Aggravated operating or actual physical control of a motorized watercraft that is underway while under the influence of an intoxicating liquor or drugs committed under:

1.  Subsection A, paragraph 1 of this section is a class 4 felony.

2.  Subsection A, paragraph 2 of this section is a class 6 felony. END_STATUTE

Sec. 2.  Section 12-128, Arizona Revised Statutes, is amended to read:

START_STATUTE12-128.  Salary of judges; payment by state and counties

Judges of the superior court shall each receive an annual salary pursuant to section 41‑1904, which is payable one‑half by this state and one‑half by the counties respectively, except that in counties with a population of more than two million persons, the county shall pay one hundred per cent of the annual salary.END_STATUTE

Sec. 3.  Section 13-701, Arizona Revised Statutes, is amended to read:

START_STATUTE13-701.  Sentence of imprisonment for felony; presentence report; aggravating and mitigating factors; consecutive terms of imprisonment; definition

A.  A sentence of imprisonment for a felony shall be a definite term of years and the person sentenced, unless otherwise provided by law or pursuant to subsection J of this section, shall be committed to the custody of the state department of corrections.

B.  No prisoner may be transferred to the custody of the state department of corrections without a certified copy of the judgment and sentence, signed by the sentencing judge, and a copy of a recent presentence investigation report unless the court has waived preparation of the report.

C.  The minimum or maximum term imposed pursuant to section 13‑702, 13‑703, 13‑704, 13‑705, 13‑708, 13‑710, 13‑1406, 13‑3212 or 13‑3419 may be imposed only if one or more of the circumstances alleged to be in aggravation of the crime are found to be true by the trier of fact beyond a reasonable doubt or are admitted by the defendant, except that an alleged aggravating circumstance under subsection D, paragraph 11 of this section shall be found to be true by the court, or in mitigation of the crime are found to be true by the court, on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial, and factual findings and reasons in support of such findings are set forth on the record at the time of sentencing.

D.  For the purpose of determining the sentence pursuant to subsection C of this section, the trier of fact shall determine and the court shall consider the following aggravating circumstances, except that the court shall determine an aggravating circumstance under paragraph 11 of this subsection:

1.  Infliction or threatened infliction of serious physical injury, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment under section 13‑704.

2.  Use, threatened use or possession of a deadly weapon or dangerous instrument during the commission of the crime, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment under section 13-704.

3.  If the offense involves the taking of or damage to property, the value of the property taken or damaged.

4.  Presence of an accomplice.

5.  Especially heinous, cruel or depraved manner in which the offense was committed.

6.  The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value.

7.  The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value.

8.  At the time of the commission of the offense, the defendant was a public servant and the offense involved conduct directly related to the defendant's office or employment.

9.  The victim or, if the victim has died as a result of the conduct of the defendant, the victim's immediate family suffered physical, emotional or financial harm.

10.  During the course of the commission of the offense, the death of an unborn child at any stage of its development occurred.

11.  The defendant was previously convicted of a felony within the ten years immediately preceding the date of the offense.  A conviction outside the jurisdiction of this state for an offense that if committed in this state would be punishable as a felony is a felony conviction for the purposes of this paragraph.

12.  The defendant was wearing body armor as defined in section 13‑3116.

13.  The victim of the offense is at least sixty-five years of age or is a disabled person as defined in section 38-492, subsection B.

14.  The defendant was appointed pursuant to title 14 as a fiduciary and the offense involved conduct directly related to the defendant's duties to the victim as fiduciary.

15.  Evidence that the defendant committed the crime out of malice toward a victim because of the victim's identity in a group listed in section 41‑1750, subsection A, paragraph 3 or because of the defendant's perception of the victim's identity in a group listed in section 41‑1750, subsection A, paragraph 3.

16.  The defendant was convicted of a violation of section 13‑1102, section 13‑1103, section 13‑1104, subsection A, paragraph 3 or section 13‑1204, subsection A, paragraph 1 or 2 arising from an act that was committed while driving a motor vehicle and the defendant's alcohol concentration at the time of committing the offense was 0.15 or more.  For the purposes of this paragraph, "alcohol concentration" has the same meaning prescribed in section 28‑101.

17.  Lying in wait for the victim or ambushing the victim during the commission of any felony.

18.  The offense was committed in the presence of a child and any of the circumstances exists that are set forth in section 13‑3601, subsection A.

19.  The offense was committed in retaliation for a victim either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.

20.  The defendant was impersonating a peace officer as defined in section 1‑215.

21.  The defendant was in violation of 8 United States Code section 1323, 1324, 1325, 1326 or 1328 at the time of the commission of the offense.

22.  The defendant used a remote stun gun or an authorized remote stun gun in the commission of the offense.  For the purposes of this paragraph:

(a)  "Authorized remote stun gun" means a remote stun gun that has all of the following:

(i)  An electrical discharge that is less than one hundred thousand volts and less than nine joules of energy per pulse.

(ii)  A serial or identification number on all projectiles that are discharged from the remote stun gun.

(iii)  An identification and tracking system that, on deployment of remote electrodes, disperses coded material that is traceable to the purchaser through records that are kept by the manufacturer on all remote stun guns and all individual cartridges sold.

(iv)  A training program that is offered by the manufacturer.

(b)  "Remote stun gun" means an electronic device that emits an electrical charge and that is designed and primarily employed to incapacitate a person or animal either through contact with electrodes on the device itself or remotely through wired probes that are attached to the device or through a spark, plasma, ionization or other conductive means emitting from the device.

23.  During or immediately following the commission of the offense, the defendant committed a violation of section 28-661, 28-662 or 28-663.

24.  Any other factor that the state alleges is relevant to the defendant's character or background or to the nature or circumstances of the crime.

E.  For the purpose of determining the sentence pursuant to subsection C of this section, the court shall consider the following mitigating circumstances:

1.  The age of the defendant.

2.  The defendant's capacity to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.

3.  The defendant was under unusual or substantial duress, although not to a degree that would constitute a defense to prosecution.

4.  The degree of the defendant's participation in the crime was minor, although not so minor as to constitute a defense to prosecution.

5.  During or immediately following the commission of the offense, the defendant complied with all duties imposed under sections 28-661, 28-662 and 28‑663.

6.  Any other factor that is relevant to the defendant's character or background or to the nature or circumstances of the crime and that the court finds to be mitigating.

F.  If the trier of fact finds at least one aggravating circumstance, the trial court may find by a preponderance of the evidence additional aggravating circumstances.  In determining what sentence to impose, the court shall take into account the amount of aggravating circumstances and whether the amount of mitigating circumstances is sufficiently substantial to justify the lesser term.  If the trier of fact finds aggravating circumstances and the court does not find any mitigating circumstances, the court shall impose an aggravated sentence.

G.  The court in imposing a sentence shall consider the evidence and opinions presented by the victim or the victim's immediate family at any aggravation or mitigation proceeding or in the presentence report.

H.  This section does not affect any provision of law that imposes the death penalty, that expressly provides for imprisonment for life or that authorizes or restricts the granting of probation and suspending the execution of sentence.

I.  The intentional failure by the court to impose the mandatory sentences or probation conditions provided in this title is malfeasance.

J.  If the length of incarceration a person will actually serve in the state department of corrections is one year or less, the person shall be committed to the custody of the county jail.  The one year period is determined at the time of sentencing after subtracting credit for time served.  A person who is sentenced to a concurrent term of incarceration that requires the person to be actually incarcerated for more than one year shall be incarcerated in the state department of corrections.

J.  K.  For the purposes of this section, "trier of fact" means a jury, unless the defendant and the state waive a jury in which case the trier of fact means the court. END_STATUTE

Sec. 4.  Section 13-3821, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3821.  Persons required to register; procedure; identification card; assessment; definitions

A.  A person who has been convicted of a violation or attempted violation of any of the following offenses or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the following offenses or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in this section or who is required to register by the convicting jurisdiction, within ten days after the conviction or within ten days after entering and remaining in any county of this state, shall register with the sheriff of that county:

1.  Unlawful imprisonment pursuant to section 13‑1303 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent.

2.  Kidnapping pursuant to section 13‑1304 if the victim is under eighteen years of age and the kidnapping was not committed by the child's parent.

3.  Sexual abuse pursuant to section 13‑1404 if the victim is under eighteen years of age.

4.  Sexual conduct with a minor pursuant to section 13‑1405.

5.  Sexual assault pursuant to section 13‑1406.

6.  Sexual assault of a spouse if the offense was committed before August 12, 2005.

7.  Molestation of a child pursuant to section 13‑1410.

8.  Continuous sexual abuse of a child pursuant to section 13‑1417.

9.  Taking a child for the purpose of prostitution pursuant to section 13‑3206.

10.  Child prostitution pursuant to section 13‑3212.

11.  Commercial sexual exploitation of a minor pursuant to section 13‑3552.

12.  Sexual exploitation of a minor pursuant to section 13‑3553.

13.  Luring a minor for sexual exploitation pursuant to section 13‑3554.

14.  Sex trafficking of a minor pursuant to section 13‑1307.

15.  A second or subsequent violation of indecent exposure to a person under fifteen years of age pursuant to section 13‑1402.

16.  A second or subsequent violation of public sexual indecency to a minor under the age of fifteen years pursuant to section 13‑1403, subsection B.

17.  A third or subsequent violation of indecent exposure pursuant to section 13‑1402.

18.  A third or subsequent violation of public sexual indecency pursuant to section 13‑1403.

19.  A violation of section 13‑3822 or 13‑3824.

20.  Unlawful age misrepresentation.

21.  Aggravated luring a minor for sexual exploitation pursuant to section 13‑3560.

B.  Before the person is released from confinement the state department of corrections in conjunction with the department of public safety and each county sheriff shall complete the registration of any person who was convicted of a violation of any offense listed under subsection A of this section.  Within three days after the person's release from confinement, the state department of corrections shall forward the registered person's records to the department of public safety and to the sheriff of the county in which the registered person intends to reside.  Registration pursuant to this subsection shall be consistent with subsection E of this section.

C.  Notwithstanding subsection A of this section, the judge who sentences a defendant for any violation of chapter 14 or 35.1 of this title or for an offense for which there was a finding of sexual motivation pursuant to section 13‑118 may require the person who committed the offense to register pursuant to this section.

D.  The court may require a person who has been adjudicated delinquent for an act that would constitute an offense specified in subsection A or C of this section to register pursuant to this section.  Any duty to register under this subsection shall terminate when the person reaches twenty‑five years of age.

E.  A person who has been convicted of or adjudicated delinquent and who is required to register in the convicting state for an act that would constitute an offense specified in subsection A or C of this section and who is not a resident of this state shall be required to register pursuant to this section if the person is either:

1.  Employed full‑time or part‑time in this state, with or without compensation, for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year.

2.  Enrolled as a full‑time or part‑time student in any school in this state for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year.  For the purposes of this paragraph, "school" means an educational institution of any description, public or private, wherever located in this state.

F.  Any duty to register under subsection D or E of this section for a juvenile adjudication terminates when the person reaches twenty‑five years of age.

G.  The court may order the termination of any duty to register under this section on successful completion of probation if the person was under eighteen years of age when the offense for which the person was convicted was committed.

H.  The court may order the suspension or termination of any duty to register under this section after a hearing held pursuant to section 13‑923.

I.  At the time of registering, the person shall sign or affix an electronic fingerprint to a statement giving such information as required by the director of the department of public safety, including all names by which the person is known, any required online identifier and the name of any website or internet communication service where the identifier is being used. The sheriff shall fingerprint and photograph the person and within three days thereafter shall send copies of the statement, fingerprints and photographs to the department of public safety and the chief of police, if any, of the place where the person resides.  The information that is required by this subsection shall include the physical location of the person's residence and the person's address.  If the person has a place of residence that is different from the person's address, the person shall provide the person's address, the physical location of the person's residence and the name of the owner of the residence if the residence is privately owned and not offered for rent or lease.  If the person receives mail at a post office box, the person shall provide the location and number of the post office box.  If the person does not have an address or a permanent place of residence, the person shall provide a description and physical location of any temporary residence and shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present.

J.  On the person's initial registration and every year after the person's initial registration, the person shall confirm any required online identifier and the name of any website or internet communication service where the identifier is being used and the person shall obtain a new nonoperating identification license or a driver license from the motor vehicle division in the department of transportation and shall carry a valid nonoperating identification license or a driver license. Notwithstanding sections 28‑3165 and 28‑3171, the license is valid for one year from the date of issuance, and the person shall submit to the department of transportation proof of the person's address and place of residence.  The motor vehicle division shall annually update the person's address and photograph and shall make a copy of the photograph available to the department of public safety or to any law enforcement agency. The motor vehicle division shall provide to the department of public safety daily address updates for persons required to register pursuant to this section.

K.  Except as provided in subsection E or L of this section, the clerk of the superior court in the county in which a person has been convicted of a violation of any offense listed under subsection A of this section or has been ordered to register pursuant to subsection C or D of this section shall notify the sheriff in that county of the conviction within ten days after entry of the judgment.

L.  Within ten days after entry of judgment, a court not of record shall notify the arresting law enforcement agency of an offender's conviction of a violation of section 13‑1402.  Within ten days after receiving this information, the law enforcement agency shall determine if the offender is required to register pursuant to this section.  If the law enforcement agency determines that the offender is required to register, the law enforcement agency shall provide the information required by section 13‑3825 to the department of public safety and shall make community notification as required by law.

M.  A person who is required to register pursuant to this section because of a conviction for the unlawful imprisonment of a minor or the kidnapping of a minor is required to register, absent additional or subsequent convictions, for a period of ten years from the date that the person is released from prison, jail, probation, community supervision or parole and the person has fulfilled all restitution obligations.  Notwithstanding this subsection, a person who has a prior conviction for an offense for which registration is required pursuant to this section is required to register for life.

N.  A person who is required to register pursuant to this section and who is a student at a public or private institution of postsecondary education or who is employed, with or without compensation, at a public or private institution of postsecondary education or who carries on a vocation at a public or private institution of postsecondary education shall notify the county sheriff having jurisdiction of the institution of postsecondary education.  The person who is required to register pursuant to this section shall also notify the sheriff of each change in enrollment or employment status at the institution.

O.  At the time of registering, the sheriff shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from a person who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the offenses listed in subsection A of this section or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in subsection A of this section or who is required to register by the convicting jurisdiction.  The sheriff shall transmit the sample to the department of public safety.

P.  Any person who is required to register under subsection A of this section shall register the person's required online identifier and the name of any website or internet communication service where the identifier is being used or is intended to be used with the sheriff from and after December 31, 2007, regardless of whether the person was required to register an identifier at the time of the person's initial registration under this section.

Q.  On conviction of any offense for which a person is required to register pursuant to this section, in addition to any other penalty prescribed by law, the court shall order the person to pay an additional assessment of two hundred fifty dollars.  This assessment is not subject to any surcharge.  The court shall transmit the monies received pursuant to this section to the county treasurer.  The county treasurer shall transmit the monies received to the state treasurer.  The state treasurer shall deposit the monies received in the sex offender monitoring state general fund established by section 13‑3828.  Notwithstanding any other law, the court shall not waive the assessment imposed pursuant to this section.

R.  For the purposes of this section:

1.  "Address" means the location at which the person receives mail.

2.  "Required online identifier" means any electronic e‑mail address information or instant message, chat, social networking or other similar internet communication  name, but does not include a social security number, date of birth or pin number.

3.  "Residence" means the person's dwelling place, whether permanent or temporary. END_STATUTE

Sec. 5.  Section 13-3824, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3824.  Violation; classification; assessment

A.  A person who is subject to registration under this article and who fails to comply with the requirements of this article is guilty of a class 4 felony.

B.  Notwithstanding subsection A of this section, a person who fails to comply with section 13‑3821, subsection J is guilty of a class 6 felony and, in addition to any other penalty prescribed by law, the court shall order the person to pay an additional assessment of two hundred fifty dollars.  This assessment is not subject to any surcharge.  The court shall transmit the monies received pursuant to this subsection to the county treasurer.  The county treasurer shall transmit the monies received to the state treasurer.  The state treasurer shall deposit the monies received in the sex offender monitoring state general fund established by section 13‑3828.  Notwithstanding any other law, the court shall not waive the assessment imposed pursuant to this subsection. END_STATUTE

Sec. 6.  Repeal

Section 13-3828, Arizona Revised Statutes, is repealed.

Sec. 7.  Section 28-1383, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1383.  Aggravated driving or actual physical control while under the influence; violation; classification; definition

A.  A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

1.  Commits a violation of section 28‑1381, section 28‑1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28‑1381 or 28‑1382 or under section 28‑1385.

2.  Within a period of eighty-four months commits a third or subsequent violation of section 28‑1381, section 28‑1382 or this section or is convicted of a violation of section 28‑1381, section 28‑1382 or this section and has previously been convicted of any combination of convictions of section 28‑1381, section 28‑1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section.

3.  While a person under fifteen years of age is in the vehicle, commits a violation of either:

(a)  Section 28‑1381.

(b)  Section 28‑1382.

4.  While the person is ordered by the court or required pursuant to section 28‑3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, does either of the following:

(a)  While under arrest refuses to submit to any test chosen by a law enforcement officer pursuant to section 28‑1321, subsection A.

(b)  Commits a violation of section 28‑1381, section 28‑1382 or this section.

B.  The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision provided in subsection A, paragraph 2 of this section regardless of the sequence in which the offenses were committed.  For the purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts.  The time that a probationer is found to be on absconder status or the time that a person is incarcerated in any state, federal, county or city jail or correctional facility is excluded when determining the eighty-four month period provided in subsection A, paragraph 2 and subsection E of this section.

C.  The notice to a person of the suspension, cancellation, revocation or refusal of a driver license or privilege to drive is effective as provided in section 28‑3318 or pursuant to the laws of the state issuing the license.

D.  A person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison jail if the person is convicted under either of the following:

1.  Subsection A, paragraph 1 of this section.

2.  Subsection A, paragraph 2 of this section and within an eighty-four month period has been convicted of two prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section.

E.  A person who is convicted under subsection A, paragraph 2 of this section and who within an eighty-four month period has been convicted of three or more prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison jail.

F.  A person who is convicted under subsection A, paragraph 3, subdivision (a) of this section shall serve at least the minimum term of incarceration required pursuant to section 28‑1381.

G.  A person who is convicted under subsection A, paragraph 3, subdivision (b) of this section shall serve at least the minimum term of incarceration required pursuant to section 28‑1382.

H.  A person who is convicted of a violation of this section shall attend and complete alcohol or other drug screening, education or treatment from an approved facility.  If the person fails to comply with this subsection and is placed on probation, in addition to the provisions of section 13‑901 the court may order that the person be incarcerated as a term of probation as follows:

1.  For a person sentenced pursuant to subsection D of this section, for an individual period of not more than four months and a total period of not more than one year.

2.  For a person sentenced pursuant to subsection E of this section, for an individual period of not more than eight months and a total period of not more than two years.

I.  The time that a person spends in custody pursuant to subsection H of this section shall not be counted towards the sentence imposed if the person's probation is revoked and the person is sentenced to prison after incarcerated following revocation of probation.

J.  On a conviction for a violation of this section, the court:

1.  Shall report the conviction to the department.  On receipt of the report, the department shall revoke the driving privilege of the person.  The department shall not issue the person a new driver license within three years of the date of the conviction and, for a conviction of a violation of subsection A, paragraph 1, 2 or 4 or paragraph 3, subdivision (b) of this section, shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319.  In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later.  The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

2.  In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of two hundred fifty dollars.  If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.  The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28‑1304.  Any fine imposed for a violation of this section and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in this paragraph.

3.  Shall order the person to pay a fine of not less than seven hundred fifty dollars.

4.  In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.

5.  In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.

K.  After completing the period of suspension required by section 28‑1385, a person whose driving privilege is revoked for a violation of subsection A, paragraph 3 of this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28‑1401.

L.  Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs committed under:

1.  Subsection A, paragraph 1 or 2 or paragraph 4, subdivision (b) of this section is a class 4 felony.

2.  Subsection A, paragraph 3 or paragraph 4, subdivision (a) of this section is a class 6 felony.

M.  For the purposes of this section, "suspension, cancellation, revocation or refusal" means any suspension, cancellation, revocation or refusal.END_STATUTE

Sec. 8.  Section 28-8288, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8288.  Third or subsequent offense

A.  If a person is convicted of a third or subsequent violation of section 28‑8282 or is convicted of a violation of section 28‑8282 and has previously been convicted of any combination of convictions of section 28‑8282 or acts committed in another state that if committed in this state would be a violation of section 28‑8282 within a period of sixty months:

1.  The person is guilty of a class 5 felony.

2.  The person is not eligible for probation, pardon, suspension of sentence or release on any basis except as specifically authorized by section 31‑233, subsection A or B until the person has served not less than six months in prison jail.

3.  The court shall not suspend the imposition of a prison sentence.

4.  If in the court's opinion the person has the problem of habitual abuse of alcohol or drugs, the court shall require the person to obtain treatment under its supervision.

5.  In addition to any other penalty prescribed by law, the person shall pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.

6.  In addition to any other penalty prescribed by law, the person shall pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.

B.  The dates of the commission of the offense are the determining factor in applying this section.

C.  A third or subsequent violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts. END_STATUTE

Sec. 9.  Title 31, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 31-133, to read:

START_STATUTE31-133.  Receiving and keeping state prisoners

The sheriff shall receive and keep in the county jail any prisoner who is sentenced to serve a term of imprisonment in the state department of corrections and whose actual length of imprisonment is one year or less. END_STATUTE

Sec. 10.  Section 31-201.01, Arizona Revised Statutes, is amended to read:

START_STATUTE31-201.01.  Duties of the director; tort actions; medical treatment costs; state immunity; definitions

A.  The director shall hold in custody all persons sentenced to the department under the law and shall hold such persons for the term directed by the court, subject to law, except that if the length of the person's actual incarceration is one year or less, the person shall be placed in the custody of a county jail.

B.  In addition to the medical and health services to be provided pursuant to subsection D of this section, the director may, in cooperation with the department of health services, may provide to prisoners who are incarcerated in the state department of corrections psychiatric care and treatment pursuant to sections 31‑226 and 31‑226.01.

C.  The director may institute and pursue programs which that promote the rehabilitation of the prisoners in the director's charge.

D.  The director shall provide medical and health services for the prisoners who are incarcerated in the state department of corrections.  The director may contract for professional services to assist the director in carrying out this responsibility on behalf of the state, provided except that all records made and retained in connection with the services provided by this subsection shall be made and retained only by duly authorized or qualified medical and professional personnel and not by any prisoner.  Such records when not in use shall be retained in a safe and secure place.

E.  If a victim of a person for whom a cost of incarceration has been calculated notifies the state that full restitution has not been made by the person for whom a cost of incarceration has been calculated, the state shall interplead with the superior court the disputed amount and set off the amounts owed the state from the remaining obligation.

F.  Any and all causes of action which that may arise out of tort caused by the director, prison officers or employees of the department, within the scope of their legal duty, shall run only against the state.

G.  The director shall establish by rule reasonable medical and health service services fees for the medical and health services that are provided pursuant to subsection D of this section.  Except as provided in subsection I of this section, every inmate shall be charged a reasonable medical and health services fee for each medical visit an inmate makes pursuant to a health needs request form or for emergency treatment.

H.  Except as provided in subsection I of this section, the director may charge each inmate a reasonable fee for prescriptions, medication medications or prosthetic devices.

I.  The director shall exempt the following inmates or medical visits by inmates from payment of medical and health services fees and fees for prescriptions, medication medications or prosthetic devices:

1.  Medical visits initiated by the medical or mental health staff of the department.

2.  Medical visits to a physician by inmates who are referred by a physician assistant or nurse practitioner.

3.  Inmates at reception centers.

4.  Juvenile inmates.

5.  Pregnant inmates.

6.  Seriously mentally ill inmates.  For the purposes of this paragraph, "seriously mentally ill inmates" means inmates who as a result of a mental disorder as defined in section 36‑501 exhibit emotional or behavioral functioning which that is so impaired as to interfere substantially with their capacity to remain in the general prison population without supportive treatment or services of a long‑term or indefinite duration and whose mental disability is severe and persistent, resulting in a long‑term limitation of their functional capacities for primary activities of daily living, including interpersonal relationships, self‑care, employment and recreation.

7.  Developmentally disabled inmates who are housed in a special programs unit.

8.  Inmates who are housed in unit 8 at the Florence prison facility.

9.  Inmates who are inpatients at the Alhambra prison facility special programs psychiatric hospital.

10.  Inmates who are inpatients at the Flamenco prison facility mental health treatment unit.

11.  Inmates who are undergoing administrative physical examinations for statewide driver status and fire fighting crews.

12.  Inmates who are undergoing follow‑up medical treatment for chronic diseases.

J.  An inmate shall not be refused medical treatment for financial reasons.

K.  All monies received by the department for medical and health service services fees shall be deposited in the general fund.

L.  A person who is convicted of a felony offense and who is incarcerated while awaiting sentence or while serving a sentence imposed by a court of law may not bring a cause of action seeking damages or equitable relief from the state or its political subdivisions, agencies, officers or employees for injuries suffered while in the custody of the state or its political subdivisions or agencies unless the complaint alleges specific facts from which the court may conclude that the plaintiff suffered serious physical injury or the claim is authorized by a federal statute.

M.  The director shall establish criteria for reasonable deductions from monies credited to the prisoner's spendable account to repay the cost of:

1.  State property that the inmate wilfully damages or destroys during the inmate's incarceration.

2.  Medical treatment for injuries that the inmate inflicts on himself or others.

3.  Searching for and apprehending an inmate who escapes or attempts to escape.

4.  Quelling a riot or other disturbance in which the inmate is unlawfully involved.

N.  For the purposes of this section:

1.  "Reasonable fee" means an amount not to exceed five dollars.

2.  "Serious physical injury" means an impairment of physical condition that creates a substantial risk of death or that causes serious disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ. END_STATUTE

Sec. 11.  Section 31-284, Arizona Revised Statutes, is amended to read:

START_STATUTE31-284.  Transition office fund

The transition office fund is established consisting of the monies collected pursuant to section 31‑254, subsection D, paragraph 3.  The department shall administer the fund to pay for any costs related to the transition office program.  Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. END_STATUTE

Sec. 12.  Section 31-401, Arizona Revised Statutes, is amended to read:

START_STATUTE31-401.  Board of executive clemency; qualifications; appointment; officers; quorum; meeting

A.  The board of executive clemency is established consisting of five members who are appointed by the governor pursuant to this subsection and section 38‑211.  The governor shall appoint a selection committee consisting of the director of the department of public safety, the director of the state department of corrections and three other persons who shall submit a list of three qualified candidates to the governor for each vacancy on the board.  The governor shall fill the vacancy by appointing a member to the board of executive clemency from the list.

B.  The members of the board shall serve on a full‑time basis and the compensation of members shall be as determined pursuant to section 38‑611. Each member shall be appointed on the basis of broad professional or educational qualifications and experience and shall have demonstrated an interest in the state's correctional program.  No more than two members from the same professional discipline shall be members of the board at the same time.

C.  Each member appointed to the board shall complete a four week course relating to the duties and activities of the board.  The course shall be designed and administered by the chairman of the board and shall be conducted by the office of the board of executive clemency and the office of the attorney general.  The course shall include training in all statutes which that pertain to the board and participation in a decision making workshop.

D.  Members shall be appointed for a term of five years to expire on the third Monday in January of the appropriate year.

E.  A member of the board may be removed by the governor for cause.

F.  The governor shall select a member of the board as chairman.  The chairman shall select other officers as are advisable.  The term of the chairman is two years, except that the chairman may be removed as chairman at the pleasure of the governor.  If a board member's term expires while the member is serving as chairman, the chair shall be deemed vacant and a new chairman shall be selected.

G.  The board may adopt rules, not inconsistent with law, as it deems proper for the conduct of its business.  The board may from time to time amend or change the rules and publish and distribute the rules as provided by the administrative procedures act.

H.  The board shall meet at least once a month at the state prison and at other times or places as the board deems necessary.

I.  The presence of three members of the board constitutes a quorum, .  except that the chairman may designate that the presence of two members of the board constitutes a quorum.

J.  If two members of the board constitute a quorum pursuant to subsection I, paragraph 2 of this section and the two members do not concur on the action under consideration, the chairman of the board, if the chairman is not one of the members who constituted the quorum and after reviewing the information considered by the two members, shall cast the deciding vote.  If the chairman of the board is one of the two members constituting a quorum at a hearing under subsection I, paragraph 2 of this section, and there is not concurrence on the action under consideration, no action shall be taken and the matter shall be heard before the board at which a quorum under subsection I, paragraph 1 of this section is present the action fails.

K.  The board shall employ an executive director whose compensation shall be determined pursuant to section 38‑611.  The chairman of the board may act as the executive director. END_STATUTE

Sec. 13.  Section 41-191.03, Arizona Revised Statutes, is amended to read:

START_STATUTE41-191.03.  Collection enforcement revolving fund; disposition of monies

A.  A  The collection enforcement revolving fund is established for the purpose of collecting debts owed to the state.  Monies in the fund are subject to legislative appropriation.  The attorney general shall administer the fund.

B.  The attorney general may expend from the collection enforcement revolving fund such monies as are necessary for operating expenses incurred by the department of law and the collection of debts owed to the this state, including reimbursing other accounts or departments within the office of the attorney general from which monies or services for collection were provided.

C.  Thirty‑five per cent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the collection enforcement revolving fund.

D.  Sixty‑five per cent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be distributed as follows:

1.  Those monies which that are directly attributable to a fund containing monies which that do not revert to the state general fund at the end of the fiscal year shall be deposited, pursuant to sections 35‑146 and 35‑147, in that fund.

2.  All other monies shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.

E.  Monies in the collection enforcement revolving fund are exempt from the lapsing provisions of section 35‑190, except that monies remaining in the fund at the end of each fiscal year in excess of one hundred thousand dollars shall be distributed on a pro rata basis to the funds receiving monies pursuant to subsection D of this section.  Such distribution shall be based on the percentage that the collections deposited in each fund bear to the total amount deposited into the funds during the fiscal year.

F.  Notwithstanding anything in subsections B through E of this section, monies due and owing pursuant to section 12‑116.01 and collected by the attorney general shall be distributed as follows:

1.  Twenty per cent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the collection enforcement revolving fund.

2.  Eighty per cent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the criminal justice enhancement fund,  established by section 41‑2401. END_STATUTE

Sec. 14.  Section 41-1723, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1723.  Public safety equipment fund; distribution

The public safety equipment fund is established consisting of monies deposited in the fund pursuant to sections 5‑395.01, 5-396, 5-397, 28-1381, 28-1382, 28-1383, 28-8284, 28-8286, 28-8287 and 28-8288.  The department shall administer the fund.  Monies in the fund shall be distributed as follows:

1.  The first three one million two hundred thousand dollars received each fiscal year as a continuing appropriation to the department for protective armor, electronic stun devices and other safety equipment.  Monies appropriated pursuant to this paragraph are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

2.  All other monies each fiscal year shall be deposited in the state general fund. END_STATUTE

Sec. 15.  Section 41-1772, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1772.  Crime laboratory operations fund

A.  The crime laboratory operations fund is established consisting of surcharge monies deposited pursuant to section 28-3396 and monies deposited pursuant to section 41-2401, subsection D, paragraph 11.  The department shall administer the fund.

B.  Subject to legislative appropriation, monies in the fund shall be used for crime laboratory operations. END_STATUTE

Sec. 16.  Section 41-1825, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1825.  Peace officers' training fund

A.  A special fund designated as the peace officers' training fund is established.  All monies deposited in the fund are continuously appropriated to the department of public safety for the benefit of the board.  The monies shall be used exclusively for the costs of training peace officers, including Indian tribe police officers who are training to be qualified pursuant to section 13‑3874 and full authority peace officers who are appointed by the director of the state department of corrections and the director of the department of juvenile corrections, for grants to state agencies, counties, cities and towns of this state for peace officer training and for expenses for the operation of the board.  No peace officers' training fund monies may be spent for training correctional officers of the state department of corrections.

B.  All amounts to be paid or advanced from the fund shall be on warrants drawn by the department of administration on presentation of a proper claim or voucher that is approved and signed by the executive director.

C.  The executive director shall lawfully disburse monies as approved by the board.

D.  The board may use and the department of public safety shall provide to the board administrative support services.  The board shall reimburse the department for expenses incurred for administrative support services that are provided beyond those required for the normal operation of the department. This subsection does not require the department to provide administrative support services that are different in kind from those that were provided on January 1, 2000.  For the purposes of this subsection, "administrative support services" includes all services relating to business office, finance and procurement, information management and technology, fleet, human resources, supply, telecommunications, facilities, security and clerical and administrative assistance personnel. END_STATUTE

Sec. 17.  Section 41-2401, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2401.  Criminal justice enhancement fund

A.  The criminal justice enhancement fund is established consisting of monies collected pursuant to section 12‑116.01 and monies available from any other source.  The state treasurer shall administer the fund.

B.  On or before November 1 of each year, each department, agency or office that receives monies pursuant to this section shall provide to the Arizona criminal justice commission a report for the preceding fiscal year. The report shall be in a form prescribed by the Arizona criminal justice commission and shall be reviewed by the director of the joint legislative budget committee.  The report shall set forth the sources of all monies and all expenditures.  The report shall not include any identifying information about specific investigations.

C.  On or before December 1 of each year, the Arizona criminal justice commission shall compile all reports into a single comprehensive report and shall submit a copy of the comprehensive report to the governor, the president of the senate, the speaker of the house of representatives and the director of the joint legislative budget committee.

D.  On the first day of each month, the state treasurer shall distribute or deposit:

1.  6.46 per cent in the Arizona automated fingerprint identification system fund established by section 41‑2414.

2.  1.61 per cent to the department of juvenile corrections for the treatment and rehabilitation of youth who have committed drug‑related offenses.

3.  16.64 per cent in the peace officers' training fund established by section 41‑1825.

4.  3.03 per cent in the prosecuting attorneys' advisory council training fund established by section 41‑1830.03.

5.  9.35 per cent to the supreme court for the purpose of reducing juvenile crime.

6.  8.56 per cent to the department of public safety.  Fifteen per cent of the monies shall be allocated for deposit in the Arizona deoxyribonucleic acid identification system fund established by section 41‑2419.  Eighty‑five per cent of the monies shall be allocated to state and local law enforcement authorities for the following purposes:

(a)  To enhance projects that are designed to prevent residential and commercial burglaries, to control street crime, including the activities of criminal street gangs, and to locate missing children.

(b)  To provide support to the Arizona automated fingerprint identification system.

(c)  Operational costs of the criminal justice information system.

7.  9.35 per cent to the department of law for allocation to county attorneys for the purpose of enhancing prosecutorial efforts.

8.  6.02 per cent to the supreme court for the purpose of enhancing the ability of the courts to process criminal and delinquency cases, orders of protection, injunctions against harassment and any proceeding relating to domestic violence matters, for auditing and investigating persons or entities licensed or certified by the supreme court and for processing judicial discipline cases.  Notwithstanding section 12‑143, subsection A, the salary of superior court judges pro tempore who are appointed for the purposes provided in this paragraph shall, and the salary of other superior court judges pro tempore who are appointed pursuant to section 12‑141 for the purposes provided in this paragraph may, be paid in full by the monies received pursuant to this paragraph.

9.  11.70 per cent to the county sheriffs for the purpose of enhancing county jail facilities and operations, including county jails under the jurisdiction of county jail districts.

10.  1.57 per cent to the Arizona criminal justice commission.

11.  9.00 per cent to in the state general crime laboratory operations fund established by section 41-1772.

12.  2.30 per cent in the crime laboratory assessment fund established by section 41‑2415.

13.  7.68 per cent in the victims' rights fund established by section 41‑191.08.

14.  4.60 per cent in the victim compensation and assistance fund established by section 41‑2407.

15.  2.13 per cent to the supreme court for the purpose of providing drug treatment services to adult probationers through the community punishment program established in title 12, chapter 2, article 11.

E.  Monies distributed pursuant to subsection D, paragraphs 3, 4, 7, 9, 11, 12, 13 and 14 of this section constitute a continuing appropriation. Monies distributed pursuant to subsection D, paragraphs 1, 2, 5, 8, 10 and 15 of this section are subject to legislative appropriation.

F.  The portion of the eighty‑five per cent of the monies for direct operating expenses of the department of public safety in subsection D, paragraph 6 of this section is subject to legislative appropriation.  The remainder of the monies in subsection D, paragraph 6 of this section including the portion of the eighty‑five per cent for local law enforcement is continuously appropriated.

G.  The allocation of monies pursuant to subsection D, paragraphs 6, 7, 8 and 9 of this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41‑2405. END_STATUTE

Sec. 18.  Section 41-2402, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2402.  Drug and gang enforcement account; resource center fund

A.  A drug and gang enforcement account is established within the criminal justice enhancement fund consisting of monies appropriated to the account by the legislature and any other monies available from other sources, public or private, to be used for the purpose of enhancing efforts to deter, investigate, prosecute, adjudicate and punish drug offenders and members of criminal street gangs as defined in section 13‑105.

B.  The Arizona criminal justice commission shall distribute monies from the drug and gang enforcement account in the following manner:

1.  Up to fifty per cent to fund law enforcement agencies approved by the commission to enhance both:

(a)  The investigation of drug and gang offenses and related criminal activity.

(b)  Drug and gang education and prevention programs.

2.  Up to fifty per cent to fund programs and agencies approved by the commission to enhance the state, county, city or town prosecution of drug and gang offenses and related criminal activity.

3.  Up to thirty per cent to fund programs and agencies approved by the commission for the purpose of enhancing the ability of the courts to process drug and gang offenses and related criminal cases, either through the appointment of judges pro tempore or the establishment of additional divisions of the courts only for the purposes of this section, enhancing defense and probation services, including treatment, and funding the drug testing program.

4.  Up to thirty per cent to fund programs by county sheriffs and the state department of corrections, as approved by the commission, to enhance drug offender treatment programs and the jail operations and facilities available to detain and incarcerate drug offenders and members of criminal street gangs as defined in section 13‑105.

5.  Up to thirty per cent to fund programs and agencies, as approved by the commission, to enhance the integration of criminal justice records relating to drug and gang offenders and their related criminal activity.

C.  Before any monies are expended from the account, the criminal justice commission shall submit to the joint legislative budget committee a plan of proposed expenditures from the account and the anticipated fiscal and operational impact of those expenditures on all state and local agencies.

D.  Any state agency that receives monies allocated from this account shall not include such monies as part of its continuation budget base for the purpose of requesting appropriations for the following fiscal year.

E.  All the monies allocated from this account shall be dedicated solely to the purpose of enhancing efforts to deter, investigate, prosecute, adjudicate and punish drug and gang and related criminal offenders, except those monies allocated pursuant to subsection H of this section.

F.  Notwithstanding the limitations prescribed in subsection B of this section, any federal monies or matching state monies in the drug and gang enforcement account may only be allocated by the commission pursuant to a plan approved by the federal government.

G.  The auditor general shall annually perform a full and complete audit of the fund or the commission shall annually contract with an accounting firm to perform the audit and deliver a report to the governor and the legislature.  The audit shall be charged to the drug and gang enforcement account.

H.  A resource center fund is established consisting of monies received pursuant to section 12‑284.03, subsection A, paragraph 1,  and section 41-178 and all monies received from public or private gifts, grants or other sources, excluding federal monies and monies to be passed through to other entities, to be used solely for the purpose of funding the Arizona drug and gang prevention resource center youth survey.  Monies in the fund are subject to legislative appropriation.  Any monies unexpended or unencumbered on June 30 of each year shall not be subsequently expended or encumbered unless reappropriated.  No monies in the drug and gang enforcement account except those received pursuant to this subsection shall be used to fund the Arizona drug and gang prevention resource center youth survey.  Monies that are received by the center expended pursuant to this subsection are subject to the reporting requirements prescribed in section 41‑617.01. END_STATUTE

Sec. 19.  Repeal

Section 41-3010.12, Arizona Revised Statutes, is repealed.

Sec. 20.  Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41‑3011.15, to read:

START_STATUTE41-3011.15.  Department of juvenile corrections; termination July 1, 2011

A.  The department of juvenile corrections terminates on July 1, 2011.

B.  Title 41, chapter 26 is repealed on January 1, 2012. END_STATUTE

Sec. 21.  Section 41-4301, Arizona Revised Statutes, is amended to read:

START_STATUTE41-4301.  State capital postconviction public defender; office; appointment; qualifications; powers and duties

A.  The state capital postconviction public defender office is established.

B.  The state is responsible for funding the state capital postconviction public defender office, including start-up costs.

C.  The governor shall appoint the state capital postconviction public defender and fill any vacancy in the office on the basis of merit alone without regard to political affiliation from the list of names that are submitted pursuant to sections 41-4302 and 38-211.  The state capital postconviction public defender serves a four year term and serves until the appointment and qualification of a successor in office.  After appointment, the state capital postconviction public defender is subject to removal from office only for good cause as determined by a majority vote of the nomination, retention and standards commission on indigent defense.  A vacancy shall be filled for the balance of the unexpired term.

D.  The state capital postconviction public defender shall meet all of the following criteria:

1.  Be a member in good standing of the state bar of Arizona or become a member of the state bar of Arizona within one year after appointment.

2.  Have been a member of the state bar of Arizona or admitted to practice in any other state for the five years immediately preceding the appointment.

3.  Have had substantial experience in the representation of accused or convicted persons in criminal or juvenile proceedings.

4.  Meet or exceed the standards for appointment of counsel in capital cases under rule 6.8, Arizona rules of criminal procedure, as determined by the nomination, retention and standards commission on indigent defense.

E.  The salary of the state capital postconviction public defender shall equal the annual salary of the chief counsel of the capital litigation section in the office of the attorney general.

F.  The state capital postconviction public defender shall:

1.  Represent any person who is not financially able to employ counsel in postconviction relief proceedings in state court after a judgment of death has been rendered.  Notwithstanding section 11-584, subsection A, paragraph 1, subdivision (g), after a judgment of death has been rendered, a county employed indigent defense counsel shall not handle postconviction relief proceedings in state court unless a conflict exists with the state capital postconviction public defender and a county employed indigent defense counsel is appointed.

2.  Supervise the operation, activities, policies and procedures of the state capital postconviction public defender office.

3.  Beginning in fiscal year 2007-2008, submit an annual budget for the operation of the office to the legislature.

4.  Not engage in the private practice of law or provide outside counsel to any other attorney outside of the state capital postconviction public defender office.

5.  Not sponsor or fund training for any other attorney outside of the state capital postconviction public defender office.

6.  Not provide trial or direct appeal assistance to attorneys outside of the state capital postconviction public defender office.

7.  Not lobby, during working hours, the state legislature or the Congress of the United States, except as provided by paragraph 3 of this subsection.

8.  Allocate personnel and resources to postconviction relief proceedings so long as there are no conflicts of interest in representation and all state capital postconviction public defender attorneys are appointed to postconviction relief cases that are eligible for appointment of counsel under section 13-4041.

G.  The state capital postconviction public defender may:

1.  Accept and spend public and private gifts and grants for use in improving and enhancing the ability to perform the responsibilities of the state capital postconviction public defender office pursuant to this chapter.

2.  Employ not more than three deputies and not more than four other employees and establish and operate any offices as needed for the proper performance of the duties of the office.

H.  For each person represented, the state capital postconviction public defender office shall request reimbursement from the county in which the person was convicted for fees it incurs pursuant to this section arising out of its representation of that person.  The county shall pay fifty per cent of the fees incurred by the state capital postconviction public defender office not to exceed thirty thousand dollars per case.  the state treasurer shall deposit the reimbursement fees from the county in the capital postconviction public defender office fund established by section 41-4303. END_STATUTE

Sec. 22.  Title 41, chapter 42, article 1, Arizona Revised Statutes, is amended by adding section 41-4303, to read:

START_STATUTE41-4303.  Capital postconviction public defender office fund

The capital postconviction public defender office fund is established consisting of monies deposited pursuant to section 41-4301, subsection H.  The state capital postconviction public defender shall administer the fund.  Monies in the fund are subject to legislative appropriation. END_STATUTE

Sec. 23.  Section 44-1531.01, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1531.01.  Consumer protection-consumer fraud revolving fund; use of fund

A.  There is established a The consumer protection-consumer fraud revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section.  Monies in the fund are subject to legislative appropriation.  Monies in the fund are exempt from the lapsing provisions of section 35‑190.

B.  Any investigative or court costs, attorney fees or civil penalties recovered for the state by the attorney general as a result of enforcement of either state or federal statutes pertaining to consumer protection or consumer fraud, whether by final judgment, settlement or otherwise, shall be deposited in the fund established by this section, except that such costs, penalties or fees recovered by a county attorney shall be retained in such county and utilized for investigative operations for consumer protection in such county.

C.  The monies in the fund shall be used by the attorney general for operating expenses, including any cost or expense associated with the tobacco master settlement agreement arbitration, consumer fraud education and investigative and enforcement operations of the consumer protection division, except that no monies in the fund may be used to compensate or employ attorneys except where necessary to collect monies due under judgments entered pursuant to this article.

D.  On or before January 15, April 15, July 15 and October 15, the attorney general shall cause to be filed with the governor, with copies to the director of the department of administration, the president of the senate and the speaker of the house of representatives, a full and complete account of the receipts and disbursements from the fund in the previous calendar quarter.

E.  On or before January 15, April 15, July 15 and October 15, each county attorney who retains monies pursuant to subsection B of this section shall provide the county board of supervisors with a full and complete account of the receipts and disbursements of such monies in the previous calendar quarter. END_STATUTE

Sec. 24.  Laws 2007, chapter 261, section 16, as amended by Laws 2009, third special session, chapter 6, section 21, is amended to read:

START_STATUTESec. 16.  Appropriations; deoxyribonucleic acid identification system fund; exemption

A.  The sums of $1,980,000 in fiscal year 2007-2008, $2,980,000 in fiscal year 2008-2009, $980,000 in fiscal year 2009-2010, $3,440,000 $980,000 in fiscal year 2010-2011 and $3,520,000 in fiscal year 2011-2012 are appropriated from the monies that are collected pursuant to section 12‑116.01, subsection C, Arizona Revised Statutes, and that are distributed pursuant to section 12-116.01, subsection J, Arizona Revised Statutes, for deposit in the Arizona deoxyribonucleic acid identification system fund established by section 41‑2419, Arizona Revised Statutes, to the department of public safety for equipment purchases, personal services, employee-related expenses, training, other operating expenses and capital improvements in order to implement, conduct and maintain deoxyribonucleic acid testing.

B.  The appropriations made in subsection A of this section shall come from the additional four per cent penalty assessment that is collected and distributed pursuant to the penalty assessment increase from three per cent to seven per cent in section 12-116.01, subsections C and J, Arizona Revised Statutes, as amended by Laws 2007, chapter 261, section 1.

C.  The appropriation made in subsection A of this section in fiscal year 2007-2008 is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations. END_STATUTE

Sec. 25.  Repeal

Laws 2009, third special session, chapter 6, section 33 is repealed.

Sec. 26.  State department of corrections; budget structure

Notwithstanding any other law, the state department of corrections shall report actual fiscal year 2009-2010, estimated fiscal year 2010-2011 and requested fiscal year 2011-2012 expenditures in the same structure and detail as the prior fiscal year when the department submits the fiscal year 2011-2012 budget request pursuant to section 35-113, Arizona Revised Statutes.  The information submitted for each line item shall contain as much detail as submitted in previous years for prior line items.

Sec. 27.  Department of public safety; highway funds; limitation

Notwithstanding sections 28-6537 and 28-6993, Arizona Revised Statutes, the statutory caps limiting the level of highway user revenue fund monies and state highway fund monies available to fund department of public safety highway patrol costs are suspended for fiscal year 2010-2011.

Sec. 28.  Suspension of reporting requirements

Notwithstanding any other law, the reporting requirements contained in the following sections are suspended for fiscal year 2010-2011:

1.  Section 8-358, subsection B, Arizona Revised Statutes, relating to the annual juvenile intensive probation report.

2.  Section 12-299.03, subsection A, paragraph 8, Arizona Revised Statutes, relating to the evaluation of the community punishment program.

3.  Section 12-2456, Arizona Revised Statutes, relating to a report of information regarding the emancipation of minors.

4.  Section 13-901.02, subsection D, Arizona Revised Statutes, relating to the annual drug treatment and education fund report card.

5.  Section 21-222, subsection F, Arizona Revised Statutes, relating to the annual lengthy trial fund report.

6.  Section 25-323.01, subsection B, Arizona Revised Statutes, relating to the annual child support committee report.

7.  Section 25-323.02, subsection C, Arizona Revised Statutes, relating to the annual domestic relations committee report.

Sec. 29.  Probation revocation and crime reduction performance funding; suspension

Notwithstanding section 12-270, Arizona Revised Statutes, for fiscal year 2010-2011, the calculating, appropriating and reporting requirements of section 12-270, Arizona Revised Statutes, do not apply.

Sec. 30.  Nonsupplanting; suspension

Notwithstanding any other law, in fiscal year 2010-2011 the provisions relating to supplanting of state monies contained in section 12-102.02, subsection E, section 12-102.03, subsection D, section 12-135, subsection D, section 12-135.01, subsection D, section 12-267, subsection D, section 12‑268, subsection D and section 12-299.01, subsection C, Arizona Revised Statutes, are suspended.  The supreme court shall submit a report to the joint legislative budget committee identifying any decrease in county funding related to these suspended provisions, including the reasons for the decrease.

Sec. 31.  Judicial productivity credit; photo enforcement citations; retroactivity

A.  In fiscal year 2010-2011, state photo enforcement citations issued pursuant to section 41-1722, Arizona Revised Statutes, shall not be included in judicial productivity credit calculations.

B.  This section is effective retroactively to from and after June 30, 2010.

Sec. 32.  Justices of the peace; payment of compensation; fiscal year 2010-2011; retroactivity

A.  If proposition 100 is approved by the voters at the May 18, 2010 special election, notwithstanding section 22-117, subsection B, Arizona Revised Statutes, for fiscal year 2010-2011, the state shall pay 19.25 per cent of the compensation and employee related expenditures of a justice of the peace, and the county shall pay 80.75 per cent of the compensation and employee related expenditures of a justice of the peace, except that the county shall pay the full amount of the employer contribution of the state retirement system or plan or any county health plan.

B.  If proposition 100 is not approved by the voters at the May 18, 2010 special election, notwithstanding section 22-117, subsection B, Arizona Revised Statutes, for fiscal year 2010-2011, the state shall pay 18.2875 per cent of the compensation and employee related expenditures of a justice of the peace, and the county shall pay 81.7125 per cent of the compensation and employee related expenditures of a justice of the peace, except that the county shall pay the full amount of the employer contribution of the state retirement system or plan or any county health plan.

C.  This section is effective retroactively to from and after June 30, 2010.

Sec. 33.  Board of executive clemency; part-time status

Notwithstanding any other law, in fiscal year 2010-2011, the members of the board of executive clemency, excluding the chairman, shall serve on a part-time basis.  A part-time board member shall not work more than thirty hours each week and shall not be eligible for paid leave or any benefits provided to state employees pursuant to section 38-651, Arizona Revised Statutes.

Sec. 34.   Sex offender monitoring fund; funds transfer

Any monies remaining in the sex offender monitoring fund established by section 13-2828, Arizona Revised Statutes, shall be transferred to the state general fund.

Sec. 35.  Commission on juvenile corrections reform; report; delayed repeal

A.  The commission on juvenile corrections reform is established to examine the state juvenile corrections system and make recommendations for its improvement based on best practices.  The commission shall consist of the following members:

1.  The governor or the governor's designee.

2.  The director of the department of juvenile corrections.

3.  The interim director of the department of administration or the director's designee.

4.  The chief justice of the supreme court or the chief justice's designee.

5.  The director of the division for children within the governor's office of children, youth and families.

6.  The director of the governor's office of strategic planning and budgeting.

7.  Three representatives of the legal community who have assignments or experience in matters involving juveniles.  The governor, the president of the senate and the speaker of the house of representatives shall each appoint one of these members.

8.  Two representatives of the general public who have an interest in juvenile justice matters who are appointed by the governor.  One shall be a resident of Maricopa county and one shall reside in another county.

9.  Two county supervisors who are selected by their respective boards of supervisors, or the supervisors' designees.  One shall be from Maricopa county and one shall be from another county selected by the county supervisors association.

10.  The presiding judge of the juvenile court in Maricopa county.

11.  The presiding judge of the juvenile court in a county other than Maricopa county who is appointed by the chief justice of the supreme court.

B.  The governor shall designate one member as chairperson. 

C.  The commission shall:

1.  Meet as soon as possible to formulate a plan with recommendations on juvenile corrections reform. 

2.  Review and make recommendations for improving the results and efficiency of the current rehabilitative services provided by the juvenile justice system.

3.  Review the size, condition and location of state juvenile correctional facilities, county juvenile detention centers and community treatment facilities and make recommendations for their optimal use.

4.  Review the department of juvenile corrections and make recommendations for its future function and purpose.

5.  Develop a comprehensive plan for the possible closure of the department of juvenile corrections and the transfer and long-term incarceration of juveniles by the counties.

6.  Inform the public about the work of the commission in order to ensure an accurate understanding of and to minimize false information regarding inappropriate releases of youth offenders from secure custody.

D.  The recommendations shall include proposals for:

1.  Any necessary legislation.

2.  Improving cooperation and communication between state and county agencies.

3.  Other matters the commission deems necessary for an effective implementation of its recommendations.

E.  The commission may consider and discuss cost issues, responsibility for federal programs and grants and other matters the commission deems pertinent to its recommendations.

F.  The commission shall present a plan with its recommendations on juvenile corrections reform to the governor, the president of the senate and the speaker of the house of representatives not later than November 30, 2010.

G.  The governor's office of children, youth and families shall provide staff support to the commission.

H.  This section is repealed from and after September 30, 2011.

Sec. 36.  Prisoners; incarceration in county jail

Beginning October 1, 2010, if proposition 100 is not approved by the voters at the May 18, 2010 special election, the state department of corrections shall transfer all inmates who have less than one year remaining on the inmates' terms of imprisonment to the county jail.

Sec. 37.  Superior court judges; salary

If proposition 100 is not approved by the voters at the May 18, 2010 special election, notwithstanding section 12-128, Arizona Revised Statutes, as amended by this act, for fiscal year 2010-2011, the counties with a population of two million persons or less shall pay one‑half of the annual salaries for judges of the superior court plus $735,000 of the state's share.

Sec. 38.  Purpose

Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the department of juvenile corrections to provide supervisory staff and administrative functions at the state level for all matters relating to the institutionalization, rehabilitation, education and release of all juvenile offenders.

Sec. 39.  Retroactivity

Sections 19 and 20 of this act are effective retroactively to July 1, 2010.

Sec. 40.  Effective date; conditional enactment

Sections 5-396, 13-701, 28-1383, 28-8288 and 31-201.01, Arizona Revised Statutes, as amended by this act, and section 31-133, Arizona Revised Statutes, as added by this act, are effective from and after September 30, 2010 only if proposition 100 is not approved by the voters at the May 18, 2010 special election.