Bill Text: AZ HB2415 | 2018 | Fifty-third Legislature 2nd Regular | Engrossed


Bill Title: Juvenile dependency proceedings fund

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-03-27 - Senate APPROP Committee action: Do Pass, voting: (8-0-2-0) [HB2415 Detail]

Download: Arizona-2018-HB2415-Engrossed.html

 

 

 

House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

Second Regular Session

2018

 

 

HOUSE BILL 2415

 

 

 

AN ACT

 

amending title 11, chapter 3, article 11, Arizona Revised Statutes, by adding section 11‑589; amending section 41‑2409, Arizona Revised Statutes; appropriating monies; relating to juvenile dependency proceedings.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Title 11, chapter 3, article 11, Arizona Revised Statutes, is amended by adding section 11-589, to read:

START_STATUTE11-589.  State aid for juvenile dependency proceedings fund

A.  The state aid for juvenile dependency proceedings fund is established consisting of legislative appropriations.  Monies in the fund shall be used to provide state aid to county public defenders, legal defenders and contract indigent defense counsel for the processing of juvenile dependency cases.

B.  The Arizona criminal justice commission shall administer the fund.  monies in the fund are CONTINUOUSLY appropriated.  The commission shall distribute monies in the fund to each county pursuant to section 41‑2409, subsection E.

C.  Monies in the state aid for juvenile dependency proceedings fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.

D.  On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund. END_STATUTE

Sec. 2.  Section 41-2409, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2409.  State aid; administration

A.  The Arizona criminal justice commission shall administer the state aid to county attorneys fund established by section 11‑539.  By September 1 of each year, the commission shall distribute monies in the fund to each county according to the following composite index formula:

1.  The three year average of the total felony filings in the superior court in the county, divided by the statewide three year average of the total felony filings in the superior court.

2.  The county population, as adopted by the department of economic security office of economic opportunity, divided by the statewide population, as adopted by the department of economic security office of economic opportunity.

3.  The sum of paragraphs 1 and 2 of this subsection divided by two equals the composite index.

4.  The composite index for each county shall be used as the multiplier against the total funds appropriated from the state general fund and other monies distributed to the fund pursuant to section 41‑2421.

B.  The board of supervisors in each county shall separately account for the monies transmitted pursuant to subsection A of this section and may expend these monies only for the purposes specified in section 11‑539. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11‑539.

C.  The Arizona criminal justice commission shall administer the state aid to indigent defense fund established by section 11‑588.  By September 1 of each fiscal year, the commission shall distribute monies in the fund to each county according to the following composite index formula:

1.  The three year average of the total felony filings in the superior court in the county divided by the statewide three year average of the total felony filings in the superior court.

2.  The county population, as adopted by the department of economic security office of economic opportunity, divided by the statewide population, as adopted by the department of economic security office of economic opportunity.

3.  The sum of paragraphs 1 and 2 of this subsection divided by two equals the composite index.

4.  The composite index for each county shall be used as the multiplier against the total funds appropriated from the state general fund and other monies distributed to the fund pursuant to section 41‑2421.

D.  The board of supervisors shall separately account for the monies transmitted pursuant to subsection C of this section and may expend these monies only for the purposes specified in section 11‑588.  The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11‑588.

E.  THE ARIZONA CRIMINAL JUSTICE COMMISSION SHALL ADMINISTER THE STATE AID for juvenile dependency proceedings FUND ESTABLISHED BY SECTION 11-589.  On or before SEPTEMBER 1 OF EACH FISCAL YEAR, THE COMMISSION SHALL DISTRIBUTE MONIES IN THE FUND TO EACH COUNTY ACCORDING TO THE THREE‑YEAR AVERAGE OF THE TOTAL JUVENILE DEPENDENCY CASE FILINGS IN THE SUPERIOR COURT IN THE COUNTY DIVIDED BY THE STATEWIDE THREE‑YEAR AVERAGE OF THE TOTAL JUVENILE DEPENDENCY FILINGS IN THE SUPERIOR COURTS OF ALL fifteen COUNTIES.

F.  The board of supervisors shall separately account for the monies transmitted pursuant to subsection E of this section and may spend these monies only for the purposes specified in section 11‑589.  The county treasurer shall invest these monies and interest earned shall be spent only for the purposes specified in section 11‑589.

E.  G.  By January 8, 2001 and by January 8 each year thereafter, the commission shall report to each county board of supervisors, the governor, the legislature, the joint legislative budget committee, the chief justice of the supreme court and the attorney general on the expenditure of the monies in the state aid to county attorneys fund, and the state aid to indigent defense fund and the state aid for juvenile dependency proceedings fund for the prior fiscal year and on the progress made in achieving the goal of improved criminal case processing and juvenile dependency case processing. END_STATUTE

Sec. 3.  Appropriation; juvenile dependency case processing

The sum of $1,500,000 is appropriated from the state general fund in fiscal year 2018-2019 to the state aid for juvenile dependency proceedings fund established by section 11‑589, Arizona Revised Statutes, as added by this act.

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