Bill Text: AZ HB2411 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed
Bill Title: Convictions; penalties; surcharge distribution
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-03-03 - Senate read second time [HB2411 Detail]
Download: Arizona-2020-HB2411-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2411 |
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AN ACT
amending sections 41‑191.08, 41‑1730, 41‑2401, 41‑2405 and 41‑2407, Arizona Revised Statutes; relating to distribution of surcharges.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-191.08, Arizona Revised Statutes, is amended to read:
41-191.08. Victims' rights fund; use; reporting requirements; exemption from lapsing
A. The victims' rights fund is established consisting of monies deposited pursuant to sections 8‑418 and 12‑116.08 and section 41‑2401, subsection E, paragraph 12 and legislative appropriations. Monies in the fund are subject to legislative appropriation. Monies from state general fund appropriations shall be deposited in the victims' rights fund and are not subject to further appropriation. Monies from state general fund appropriations are available for use on deposit in the victims' rights fund. The attorney general shall administer the fund. The attorney general shall use fund monies for the purpose of operating, improving, maintaining and enhancing the victims' rights program established pursuant to section 41‑191.06.
B. Each fiscal year the attorney general may spend twelve percent of the total victims' rights fund appropriation and state general fund deposits for the purpose of performing duties mandated by title 13, chapter 40, including the costs of administering the victims' rights program under section 41‑191.06.
C. Except as provided in subsections D, G and H of this section, each fiscal year the attorney general shall disburse eighty‑eight percent of the total victims' rights fund appropriation and state general fund deposits to state and local entities that have previously qualified under this subsection or have demonstrated a history of need and performance according to criteria established by the attorney general. Each entity that qualifies to receive monies pursuant to this subsection shall receive monies in a percentage that is proportional to that entity's percentage of the total fund monies disbursed to all qualifying entities in the prior fiscal year. The attorney general is not a qualifying entity under this subsection.
D. Except as provided in subsections G and H of this section, each fiscal year the attorney general may disburse victims' rights fund monies to entities that do not qualify under subsection C of this section, that are financially impacted by title 8, chapter 3, article 7 or title 13, chapter 40 and that submit an implementation plan and funding request to the attorney general pursuant to guidelines adopted by the attorney general. The attorney general shall establish procedures to assess the financial impact on and the need of these entities. The attorney general shall disburse monies based on the information that is derived from the assessment. On an annual basis, as new or additional entities receive monies pursuant to this subsection, the attorney general shall proportionally adjust the percentage share disbursed to each entity pursuant to subsection C of this section.
E. Monies in the victims' rights fund shall be used to supplement, not supplant, monies that would otherwise be made available to state and local entities for funding victims' rights services and assistance.
F. Each entity that receives funding pursuant to this section shall submit an annual report to the attorney general that identifies all sources and amounts of monies that are spent for the purposes of implementing and complying with victims' rights. The report shall detail:
1. The expenditure of the monies that are awarded under the victims' rights program pursuant to section 41‑191.06.
2. The number of instances in which the entity performed mandated victims' rights duties or services.
3. The level of victim satisfaction with the services.
G. Each fiscal year the attorney general shall review and evaluate the entities that receive funding pursuant to this section. The attorney general may adjust funding levels, redistribute monies or deny continued funding to an entity that fails to effectively implement or comply with victims' rights mandates.
H. Supplemental fund monies appropriated to the attorney general to expand victims' rights training and to expand the reporting of victims' feedback on services provided shall be expended according to a plan and procedures adopted by the attorney general. The attorney general shall spend the monies appropriated for costs to develop, provide, sponsor or support programs that expand the delivery and improve the quality of mandated services to victims of crime by law enforcement, prosecutorial and correctional agencies and courts.
I. The attorney general shall submit an annual report to the governor, the president of the senate and the speaker of the house of representatives that details the status of the victims' rights program under section 41‑191.06, the attorney general's compliance with the program, including the level of service, and the expenditure of all monies that are appropriated for the purpose of victims' rights.
J. Monies in the victims' rights fund are exempt from the lapsing provisions of section 35‑190.
Sec. 2. Section 41-1730, Arizona Revised Statutes, is amended to read:
41-1730. Department of public safety forensics fund; purposes; distributions; annual adjustment
A. The department of public safety forensics fund is established. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. The department of public safety forensics fund consists of the following:
1. Monies deposited pursuant to section 12‑116.01, subsection J.
2. Monies deposited pursuant to section 41‑2401, subsection D, paragraphs 1 and 11 and subsection E, paragraphs 1 and 11.
3. Surcharge monies deposited pursuant to section 28‑3396.
4. Monies contributed to the fund from any other source.
B. Monies in the department of public safety forensics fund shall be used for the following purposes:
1. Purchasing and installing fingerprint identification equipment.
2. Operating, maintaining and administering the Arizona automated fingerprint identification system and the system's remote terminals.
3. Crime laboratory operations and enhanced services.
4. Educating and training forensic scientists who are regularly employed in a crime laboratory.
5. Purchasing and maintaining scientific equipment for crime laboratory use.
6. Implementing, operating and maintaining deoxyribonucleic acid testing and administering the Arizona deoxyribonucleic acid identification system.
C. On a quarterly basis, the department of public safety shall allocate and distribute the monies in the department of public safety forensics fund that are collected pursuant to section 12‑116.01 and deposited pursuant to section 41‑2401, subsection D, paragraph 11 and subsection E, paragraphs 1 and 11. The department may use fifty‑five percent of the monies for the purposes prescribed in subsection B of this section and shall distribute the remaining monies to political subdivisions that operate a crime laboratory as follows:
1. Twenty-two percent to the Phoenix police department.
2. Twelve percent to the Tucson police department.
3. Seven percent to the Mesa police department.
4. Four percent to the Scottsdale police department.
D. The distribution of monies pursuant to subsection C of this section may be adjusted annually, if appropriate, based on the crime laboratory services provided and the percentage of the state population served by each crime laboratory. The crime laboratory directors of the political subdivisions providing crime laboratory services in this state must agree on the distribution formula and allocation. The minimum allocation for a political subdivision that provides crime laboratory services is four percent.
E. For the purposes of subsections C and D of this section, "crime laboratory" means a laboratory that meets all of the following:
1. Is operated by a political subdivision.
2. Has at least one regularly employed forensic scientist who holds a minimum of a bachelor's degree in a physical or natural science.
3. Is registered as an analytical laboratory with the drug enforcement administration of the United States department of justice for the possession of all scheduled controlled substances.
Sec. 3. Section 41-2401, Arizona Revised Statutes, is amended to read:
41-2401. 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. 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, for an offense that is committed from and after December 31, 2018, the state treasurer shall distribute or deposit:
1. 19.09 percent in the department of public safety forensics fund established by section 41‑1730.
2. 1.84 percent to the department of juvenile corrections for the treatment and rehabilitation of youth who have committed drug‑related offenses.
3. 18.97 percent in the peace officers' training fund established by section 41‑1825.
4. 3.45 percent in the Arizona prosecuting attorneys' advisory council training fund established by section 41‑1830.03.
5. 10.66 percent to the supreme court for the purpose of reducing juvenile crime.
6. 8.29 percent to the department of public safety for allocation 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. 10.66 percent to the department of law for allocation to county attorneys for the purpose of enhancing prosecutorial efforts.
8. 6.86 percent 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. 13.34 percent 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. 1.79 percent to the Arizona criminal justice commission.
11. 2.62 percent in the department of public safety forensics fund established by section 41‑1730.
12. 2.43 percent 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. Beginning from and after June 30, 2020, on the first day of each month, for an offense committed before January 1, 2019, the state treasurer shall distribute or deposit:
1. 16.744 percent in the department of public safety forensics fund established by section 41‑1730.
2. 1.61 percent to the department of juvenile corrections for the treatment and rehabilitation of youth who have committed drug‑related offenses.
3. 16.64 percent in the peace officers' training fund established by section 41‑1825.
4. 3.03 percent in the Arizona prosecuting attorneys' advisory council training fund established by section 41‑1830.03.
5. 9.35 percent to the supreme court for the purpose of reducing juvenile crime.
6. 7.276 percent to the department of public safety for allocation 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 percent to the department of law for allocation to county attorneys for the purpose of enhancing prosecutorial efforts.
8. 6.02 percent 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 percent 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 percent to the Arizona criminal justice commission.
11. 2.30 percent in the department of public safety forensics fund established by section 41‑1730.
12. 7.68 percent in the victims' rights fund established by section 41‑191.08.
13. 4.60 percent in the victim compensation and assistance fund established by section 41‑2407.
14. 2.13 percent 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. F. Monies distributed pursuant to subsection D, paragraphs 3, 4, 7, 9 and 11 and subsection E, paragraphs 3, 4, 7, 9, 11, 12 and 13 of this section constitute a continuing appropriation. Monies distributed pursuant to subsection D, paragraphs 1, 2, 5, 8, 10 and 12 and subsection E, paragraphs 1, 2, 5, 8, 10 and 14 of this section are subject to legislative appropriation.
F. G. The portion of the monies for direct operating expenses of the department of public safety in subsection D, paragraph 6 and subsection E, paragraph 6 of this section is subject to legislative appropriation. The remainder of the monies in subsection D, paragraph 6 and subsection E, paragraph 6 of this section, including the portion for local law enforcement, is continuously appropriated.
G. H. The allocation of monies pursuant to subsection D, paragraphs 6, 7, 8 and 9 and subsection E, 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.
Sec. 4. Section 41-2405, Arizona Revised Statutes, is amended to read:
41-2405. Arizona criminal justice commission; powers and duties; staff
A. The Arizona criminal justice commission shall:
1. Monitor the progress and implementation of new and continuing criminal justice legislation.
2. Facilitate research among criminal justice agencies and maintain criminal justice system information.
3. Facilitate coordinated statewide efforts to improve criminal justice information and data sharing.
4. Prepare for the governor a biennial criminal justice system review report. The report shall contain:
(a) An analysis of all criminal justice programs created by the legislature in the preceding two years.
(b) An analysis of the effectiveness of the criminal code, with a discussion of any problems and recommendations for revisions if deemed necessary.
(c) A study of the level of activity in the several areas of the criminal justice system, with recommendations for redistribution of criminal justice revenues if deemed necessary.
(d) An overall review of the entire criminal justice system, including crime prevention, criminal apprehension, prosecution, court administration and incarceration at the state and local levels as well as funding needs for the system.
(e) Recommendations for constitutional, statutory and administrative revisions that are necessary to develop and maintain a cohesive and effective criminal justice system.
5. Provide supplemental reports on criminal justice issues of special timeliness.
6. In coordination with other governmental agencies, gather information on programs that are designed to effectuate community crime prevention and education using citizen participation and on programs for alcohol and drug abuse prevention, education and treatment and disseminate that information to the public, political subdivisions, law enforcement agencies and the legislature.
7. Make recommendations to the legislature and the governor regarding the purposes and formula for allocation of allocating fund monies as provided in section 41‑2401, subsection subsections D and E and section 41‑2402 through the biennial agency budget request.
8. Adopt rules for the purpose of allocating fund monies as provided in sections 41‑2401, 41‑2402 and 41‑2407 that are consistent with the purposes set forth in those sections and that promote effective and efficient use of the monies.
9. Make reports to the governor and the legislature as they require.
10. Oversee the research, analyses, studies, reports and publication of crime and criminal justice statistics prepared by the Arizona statistical analysis center, which is an operating section of the Arizona criminal justice commission.
11. Prepare an annual report on law enforcement activities in this state that are funded by the drug and gang enforcement fund or the criminal justice enhancement fund and that relate to illicit drugs and drug related gang activity. The report shall be submitted by October 31 of each year to the governor, the president of the senate and the speaker of the house of representatives and a copy shall be submitted to the secretary of state. The report shall include:
(a) The name and a description of each law enforcement program dealing with illegal drug activity or street gang activity, or both.
(b) The objective and goals of each program.
(c) The source and amount of monies received by each program.
(d) The name of the agency or entity that administers each program.
(e) The effectiveness of each program.
12. Compile and disseminate information on best practices for cold case investigations, including effective victim communication procedures. For the purposes of this paragraph, "cold case" means a homicide or a felony sexual offense that remains unsolved for one year or more after being reported to a law enforcement agency and that has no viable and unexplored investigatory leads.
13. Beginning January 1, 2019, submit an annual recidivism report to the legislature that compares the recidivism rate for a person who serves a term of mandatory incarceration in a county jail pursuant to section 28‑1383 and a person who serves that term of mandatory incarceration in prison.
B. The Arizona criminal justice commission, as necessary to perform its functions, may:
1. Request any state or local criminal justice agency to submit any necessary information.
2. Form subcommittees, make studies, conduct inquiries and hold hearings.
3. Subject to chapter 4, article 4 of this title, employ consultants for special projects and such staff as deemed necessary or advisable to carry out this section.
4. Delegate its duties to carry out this section, including:
(a) The authority to enter into contracts and agreements on behalf of the commission.
(b) Subject to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title, the authority to appoint, hire, terminate and discipline all personnel of the commission, including consultants.
5. Establish joint research and information facilities with governmental and private agencies.
6. Accept and expend public and private grants of monies, gifts and contributions and expend, distribute or allocate monies appropriated to the commission for the purpose of enhancing efforts to investigate or prosecute and adjudicate any crime and to implement this chapter.
Sec. 5. Section 41-2407, Arizona Revised Statutes, is amended to read:
41-2407. Victim compensation and assistance fund; subrogation; prohibited debt collection activity; definition
A. The victim compensation and assistance fund is established. The Arizona criminal justice commission shall administer the fund. The victim compensation and assistance fund shall consist of monies distributed pursuant to section 41‑2401, subsection E, paragraph 13 and monies collected pursuant to section 31‑411, subsection E and sections 12‑116.08, 13‑4311, 31‑418, 31‑467.06 and 41‑1674, unclaimed victim restitution monies pursuant to sections 22‑116 and 44‑313 and monies available from any other source.
B. Subject to legislative appropriation, the Arizona criminal justice commission shall allocate monies in the victim compensation and assistance fund to public and private agencies for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime.
C. The allocation of monies pursuant to this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41‑2405, subsection A, paragraph 8. The rules shall provide that persons who suffered personal injury or death that resulted from an attempt to aid a public safety officer in the prevention of a crime or the apprehension of a criminal may be eligible for compensation.
D. This state and the applicable operational unit or qualified program, as defined in the victim compensation program rules, are subrogated to the rights of an individual who receives monies from the victim compensation and assistance fund to recover or receive monies or benefits from a third party, to the extent of the amount of monies the individual receives from the fund.
E. A licensed health care provider who agrees to the victim compensation program rules may receive program monies for providing health and medical services to a victim or claimant. A licensed health care provider who accepts the full allowable payment for those services from a victim compensation program funded pursuant to this section is deemed to have accepted the payment as the full payment for those services. The licensed health care provider may not collect or attempt to collect any payment for the same health and medical services from the victim or claimant, except that if a victim compensation program funded pursuant to this section is unable to pay the full allowable payment to a licensed health care provider because of a lack of available monies or for any other reason, the licensed health care provider may collect the unpaid balance for the services from the victim or claimant or from a third‑party payor, and the total amount billed or requested by the licensed health care provider may not exceed the full allowable payment that the licensed health care provider agreed to accept from the victim compensation program for the services.
F. If a licensed health care provider receives notice that a person has filed a claim with a victim compensation program funded by this section, the licensed health care provider is prohibited from any debt collection activity for any monies owed by the person that are included in the filed claim until an award is made on the claim or until a determination is made that the claim is noncompensable. For the purposes of this subsection, "debt collection activity" includes repeatedly telephoning or writing to the claimant and threatening to either turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of any other debt collection process. Debt collection activity does not include routine billing or inquiries about the status of the claim.
G. For the purposes of this section, "licensed health care provider" means a person or institution that is licensed or certified by this state to provide health care services, medical services, nursing services, emergency medical services and ambulance services that are regulated pursuant to title 36, chapter 21.1, article 2 or other health‑related services.
Sec. 6. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
