Bill Text: AZ HB2893 | 2021 | Fifty-fifth Legislature 1st Regular | Chaptered
Bill Title: Criminal justice; budget reconciliation; 2021-2022.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-06-30 - Chapter 403 [HB2893 Detail]
Download: Arizona-2021-HB2893-Chaptered.html
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House Engrossed
criminal justice; budget reconciliation; 2021-2022. |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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CHAPTER 403
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HOUSE BILL 2893 |
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AN ACT
amending title 11, chapter 2, Arizona Revised Statutes, by adding article 15; amending sections 12-109 and 12-115, Arizona Revised Statutes; amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-117.01; amending section 12-284.01, Arizona Revised Statutes; repealing section 12-284.02, Arizona Revised Statutes; amending title 12, chapter 2, article 7, Arizona Revised Statutes, by adding section 12-270; amending sections 13-1414, 21-202 and 21-222, Arizona Revised Statutes; amending title 26, chapter 1, article 1, Arizona Revised Statutes, by adding section 26-105; amending title 26, chapter 1, article 3, Arizona Revised Statutes, by adding section 26-183; amending section 31-227, Arizona Revised Statutes; amending title 31, chapter 2, Arizona Revised Statutes, by adding article 7; repealing title 31, chapter 2, article 7, Arizona Revised Statutes; amending section 38-1117, Arizona Revised Statutes, as added by laws 2021, chapter 322, section 1; AMENDING section 38-1161, Arizona Revised Statutes, as added by laws 2021, chapter 338, section 1; amending sections 41-194.01 and 41-1733, Arizona Revised Statutes; amending title 41, chapter 12, article 2, Arizona Revised Statutes, by adding section 41-1734; amending title 41, chapter 12, article 5, Arizona Revised Statutes, by adding section 41-1772; amending section 45-252, Arizona Revised Statutes; amending laws 2018, chapter 278, section 14, as amended by laws 2019, chapter 268, section 6 and Laws 2020, chapter 51, section 4; amending laws 2018, chapter 278, section 17; appropriating monies; relating to criminal justice budget reconciliation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 2, Arizona Revised Statutes, is amended by adding article 15, to read:
ARTICLE 15. COORDINATED REENTRY PLANNING SERVICES PROGRAMS
11-392. Coordinated reentry planning services programs; cross-system recidivism tracking database; planning committee
A. A county may establish a coordinated reentry planning services program within a county jail for the purpose of screening and assessing persons who are booked into a county jail and connecting those persons with behavioral health and substance use disorder treatment providers at the earliest possible stage in the criminal justice process.
B. Subject to available monies, a coordinated reentry planning services program must:
1. Allow entities to access and use a cross-system recidivism tracking database that incorporates data obtained from prearrest diversion programs, reentry screenings that occur during the booking process, reentry planning that occurs before and during release and postrelease treatment engagement.
2. Allow Entities to work in conjunction with counties, cities, towns and other political subdivisions of this state and WITH superior courts to ESTABLISH AN information exchange mechanism that includes reentry planning efforts.
3. Allow county and community-wide collaborative efforts to be established and maintained for jail reentry planning services that include treatment, peer support, housing, transportation and employment services and all branches of the criminal justice and court systems BY DEVELOPING a new COALITION or EXTENDING an existing coalition.
4. Establish working agreements with coalition partners in which treatment providers use the cross-system recidivism tracking database to record postrelease treatment engagement.
5. Use the cross-system recidivism tracking database to record baseline and ongoing statistics for identified needs, referrals and future recidivism of reentry coordination participants.
C. A county that establishes a coordinated reentry planning services program shall establish a PLANNING committee to develop the program's policies and procedures, including eligibility criteria, program implementation and operation. At a minimum the PLANNING committee shall consist of the following persons:
1. Representatives of the law enforcement agencies participating in the program.
2. A representative of the program services provider.
3. A public defender or the public defender's designee.
4. A prosecuting attorney or the prosecuting attorney's designee.
5. a presiding superior court judge or the superior court judge's designee.
6. A clerk of the court or the clerk's designee.
7. Other stakeholders.
Sec. 2. Section 12-109, Arizona Revised Statutes, is amended to read:
12-109. Rules and administrative orders of pleading, practice and procedure; adoption; prohibitions; distribution
A. The supreme court, by rules promulgated from time to time or administrative orders, shall regulate pleading, practice and procedure in judicial proceedings in all courts of the this state for the purpose of simplifying such to simplify pleading, practice and procedure and promoting promote speedy determination of litigation upon on its merits.
B. The rules and administrative orders shall not do any of the following:
1. Abridge, enlarge or modify substantive rights of a litigant.
2. abridge, enlarge or modify statutory, contractual or common law real property rights or questions of substantive law.
B. C. The supreme court shall print and distribute the rules and administrative orders to all members of the state bar and to all other persons who apply.
C. D. The rules shall not become effective until sixty days after distribution.
Sec. 3. Section 12-115, Arizona Revised Statutes, is amended to read:
12-115. Additional filing, appearance and answer or response fees; deposit
A. In addition to any other assessment authorized by law, the supreme court shall establish an additional fee on each filing, appearance and answer or response fee charged by a clerk of the superior court.
B. The clerk shall collect the additional fee and monthly remit the additional fees to the county treasurer. The county treasurer shall transmit the fees to the state treasurer on or before the fifteenth day of each month for deposit, pursuant to sections 35-146 and 35-147, in the Arizona lengthy trial and digital evidence fund established by section 21-222. 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.
C. The additional fee may be deferred or waived pursuant to sections 12-302 and 12-304.
D. In establishing the additional fees under subsection A of this section, the supreme court may designate by rule that the additional fees not be imposed on filings in types of cases that involve minimal use of court resources, or that are not afforded the opportunity for a trial by jury or that do not involve the use of digital evidence.
Sec. 4. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-117.01, to read:
12-117.01. General adjudication personnel and support fund; exemption; purposes; joint legislative budget committee review
A. The general ADJUDICATION personnel and support fund is ESTABLISHED consisting of monies appropriated by the legislature. The supreme court shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
B. Monies in the fund shall be used by both:
1. The supreme court to provide additional full-time personnel for the general adjudication as PRESCRIBED in section 45-252, subsection D and to provide case management and other support equipment, services and personnel.
2. The department of water resources for additional full-time personnel and other equipment and services related to the general adjudication.
C. For fiscal years 2021-2022 and 2022-2023, before any monies are spent from the fund, the supreme court and the department of water resources shall submit an expenditure plan to the joint legislative budget committee. The chairperson of the joint legislative budget committee shall determine whether the submitted plan requires review before the full committee.
Sec. 5. Section 12-284.01, Arizona Revised Statutes, is amended to read:
12-284.01. Document and digital evidence storage and retrieval conversion fund; purposes
A. A The document and digital evidence storage and retrieval conversion fund for the clerk of the superior court is established consisting of monies received pursuant to subsection C of this section.
B. Except as provided in section 12-284.02, The clerk of the superior court shall administer the fund. The clerk, in coordination with the presiding judge, shall expend monies in the fund, subject to approval by the county board of supervisors, in order for the following purposes:
1. To defray the cost of converting and maintaining the clerk's document storage and retrieval system and to convert to micrographics or computer automation. The monies collected pursuant to section 12-284.02, subsection B shall be used to improve access to court records.
2. to manage and store digital evidence and to facilitate the display of evidence to the jury and court at a trial and related proceedings.
C. In addition to the filing or appearance fee charged pursuant to chapter 3, article 2 of this title or section 12-1705, the presiding judge of the superior court may assess each person required to pay a filing or appearance fee under such article or sections an additional fee of not to exceed fifteen dollars more than $15. All monies received from the additional fee pursuant to this subsection shall be transmitted to the county treasurer and placed in the document and digital evidence storage and retrieval conversion fund for the clerk of the superior court.
D. The clerk shall annually submit to the presiding judge the amount of projected revenues to be raised for the document and digital evidence storage and retrieval conversion fund pursuant to this section. If projected revenues of the fund are deemed insufficient to pay for conversion costs, fund monies may accumulate until sufficient monies are available in the fund.
Sec. 6. Repeal
Section 12-284.02, Arizona Revised Statutes, is repealed.
Sec. 7. Title 12, chapter 2, article 7, Arizona Revised Statutes, is amended by adding section 12-270, to read:
12-270. Probation success incentive payments and grants; baseline calculations; annual reports; definitions
A. The administrative office of the courts, in consultation with each county's adult probation department, shall calculate a county probation success incentive payment for each county for the most recently completed fiscal year. Each county's probation success incentive payment equals the number of probationers successfully prevented from entering prison, compared to the county-specific historical baselines calculated in subsection G, paragraph 1 of this section multiplied by fifty percent of the marginal cost of incarceration as required by subsection F of this section. The administrative office of the courts shall calculate a statewide probation success incentive grant payment that equals the number of probationers successfully prevented from entering prison statewide, compared to the statewide historical baseline calculated in subsection G, paragraph 1 of this section multiplied by twenty-five percent of the marginal cost of incarceration as required by subsection F of this section. Subject to legislative appropriation, The administrative office of the courts shall proportionately allocate the county probation success incentive payments to each county based on the specific calculations made pursuant to subsection G of this section. Subject to legislative appropriation, The administrative office of the courts shall deposit the statewide probation success incentive grant payment in a subaccount established by the administrative office of the courts for the purpose of recidivism reduction and improving probation services.
B. Each county shall use its probation success incentive payment and any monies received from a statewide probation success incentive grant to improve supervision and rehabilitative services for probationers, including any of the following:
1. Implementing and expanding evidence-based practices for risk and needs assessments for individualized programming.
2. Implementing and expanding intermediate sanctions, including mandatory community restitution, home detention, day reporting, restorative justice programs and work furlough programs.
3. Expanding the availability of evidence-based practices for rehabilitation programs, including drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs and job training and employment services.
4. Recognizing and rewarding probation officers in adult probation departments whose work has advanced the implementation of evidence-based practices or who have contributed to the probation department's recidivism reduction efforts.
5. Paying for continuing education and training that focuses on evidence-based practices for probation officers or probation staff, or both.
6. Evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity.
C. The administrative office of the courts shall allocate county probation success incentive payments to each county for distribution to the county's adult probation department to implement the programs prescribed in subsection B of this section. a board that includes the chief probation officer from each county shall determine The distribution of statewide probation success incentive grant monies. A county's chief probation officer must be recused in a vote that may award a grant to the chief probation officer's probation department. The county and statewide probation success incentive payments allocated pursuant to this section shall be used to supplement, not supplant, any other State or county appropriation for the adult probation department.
D. For any county or statewide probation success incentive payments allocated or grants awarded to a county, the county shall Distribute the allocated monies to its adult probation department, which must use the monies for improving probation services and recidivism reduction funding activities prescribed in subsection B of this section. In the county's discretion, the county may Retain up to fifteen percent of the allocated monies for administrative and data collection purposes.
E. In any fiscal year in which a county receives incentive payments or grants, the monies shall be made available to the county's adult probation department to implement probation programming within sixty days after the allocation of those monies. The county adult probation department shall maintain a complete and accurate accounting of all monies received pursuant to this section.
F. At the end of each fiscal year, the director of the state department of corrections shall calculate the marginal cost of incarceration for that fiscal year and provide that information to the administrative office of the courts. The calculation shall take into consideration factors such as the average length of stay in prison and variable corrections costs, including health care services, food and clothing.
G. At the end of each fiscal year, the administrative office of the courts shall gather data on, calculate and report the following for each fiscal year:
1. The probation failure rate for this state and each county. To make this calculation, the baseline probation failure rate equals the average number of adult probationers who failed to successfully complete a term of probation during fiscal years 2007-2008, 2014-2015 and 2018-2019, as a percentage of the average number of probationers who successfully completed a term of probation during that same time period. When calculating probation failure, if a person on probation spends fewer than fourteen days in detention, that person's detention is not a probation failure. For the purposes of calculating the probation failure rate and the baseline probation failure rate, the number of adult probationers who failed to successfully complete a term of probation includes the following:
(a) A probationer whose probation was revoked for a new crime or technical violation.
(b) A probationer whose whereabouts are unknown and for whom an arrest warrant was issued during the fiscal year.
(c) A probationer whose probation is terminated on serving a sentence in a county jail in lieu of probation revocation for a new crime or technical violation.
2. An estimate of the number of adult probationers this state and each county successfully prevented from failing probation. this estimate is calculated based on the reduction in the probation failure rate as calculated annually pursuant to the baseline probation failure rate calculated pursuant to paragraph 1 of this subsection. In making this estimate, the administrative office of the courts, in consultation with the adult probation department, shall adjust the calculations to account for changes in the adult probation caseload in the most recent completed fiscal year as compared to the adult probation population during fiscal years 2007-2008, 2014-2015 and 2018-2019.
3. The current total population of probationers for the last three years per county as of the date of the required report.
H. If data of sufficient quality and of the types required by this section are not available, the administrative office of the courts shall use the best available data to estimate probation success rates using a methodology that is as consistent with that described in this section as is reasonably possible.
I. The administrative office of the courts shall include an estimate of the total monies to be held and administered in the following fiscal year as part of the judiciary's proposed budget.
J. Each county board of supervisors shall periodically provide oversight regarding the allocation of incentive payment grants to the specific departments that are tasked with administering the probation programming to ensure that disbursed monies are appropriately used as specified in subsection B of this section.
K. Each adult probation department shall define and track specific outcome-based measures, including all of the following:
1. The percentage of probationers who are supervised in accordance with evidence-based practices.
2. The specific supervision policies, procedures, programs and practices that were eliminated.
3. The percentage of probationers who successfully complete the period of supervision.
4. The number of probation absconders who are located each year and the disposition of these cases.
5. The amount of Monies received by each adult probation department.
L. On or before December 31, 2022 and annually thereafter, each adult probation department that receives incentive payments or grants pursuant to this section shall submit a written report to the administrative office of the courts and the county board of supervisors that accounts for incentive payments received and grants awarded and that evaluates the effectiveness of the program.
M. On or before July 1, 2023 and annually thereafter, the administrative office of the courts shall submit to the Governor, the speaker of the house of representatives, the president of the senate and the joint legislative budget committee a comprehensive report on the implementation of this section. The report must include all of the following information:
1. The effectiveness of programs based on the reports of performance-based outcome measures required in subsection K of this section.
2. The percentage of adult probationers whose supervision was revoked for the year that the report is being made.
3. The percentage of probationers who were convicted of criminal offenses during the probationer's term of supervision for the year that the report is being made.
4. The impact of the incentive payments allocated pursuant to this section to enhance public safety by:
(a) reducing the percentage and the number of probationers whose supervision was revoked for the year the report is being made for violations or new convictions.
(b) Reducing the number of probationers who return to prison or jail or who abscond from probation for the year that the report is being made.
5. Any recommendations regarding resource allocations or additional collaboration with other state, regional, federal or local entities for improvements made pursuant to this section.
6. The number of probationers whose supervision was revoked solely for a violation of the terms of probation and the number of probationers whose supervision was revoked because of the commission of a new offense.
N. For the purposes of this section:
1. "Baseline probation failure rate" means the average of the probation failure rates for fiscal years 2007-2008, 2014-2015 and 2018-2019. Each fiscal year's failure rate is the quotient of the number of persons on probation who failed to successfully complete the person's term of probation that is divided by the total number of persons on probation and that is calculated on a statewide basis and for each county.
2. "Evidence-based practices" means supervision policies, procedures, programs and practices demonstrated by scientific research to reduce recidivism among persons on probation.
3. "MARGINAL COST OF incarceration" MEANs THE SUM OF ALL SHORT-TERM VARIABLE COSTS ASSOCIATED WITH INCARCERATING a person IN A STATE department of corrections FACILITY and includes ONLY THOSE CORRECTIONAL COSTS THAT MARGINALLY CHANGE IN PROPORTION TO THE INMATE POPULATION OF A FACILITY.
4. "Probation programming" means all programs established pursuant to title 13, chapter 9 and consists of a system of probation supervision services dedicated to all of the following goals:
(a) Enhancing public safety through managing and reducing offender risk while a probationer is under supervision and on reentry from prison into the community.
(b) Providing a range of supervision tools, sanctions and services that are applied to probationers based on a risk or needs assessment, or both, to reduce criminal conduct and promote individualized behavioral change that results in reducing recidivism and promoting successful reintegration into the community.
(c) Maximizing offender restitution, reconciliation and restorative services to crime victims, when applicable.
(d) Holding probationers accountable for successful compliance with applicable court orders and conditions of probation.
(e) Improving public safety outcomes for a person who is placed on probation after an offense, as measured by the person's successful completion of probation and commensurate reduction in the rate of probationers returning to prison as a result of a revocation or conviction of a new offense.
Sec. 8. Section 13-1414, Arizona Revised Statutes, is amended to read:
13-1414. Expenses of investigation
Any medical or forensic interview expenses arising out of the need to secure evidence that a person has been the victim of a dangerous crime against children as defined in section 13-705 or a sexual assault shall be paid by the county in which the offense occurred with any of the following:
1. federal monies.
2. State monies that are appropriated by the legislature for these investigation expenses.
3. Any applicable combination of monies described in paragraph 1 or 2 of this section.
Sec. 9. Section 21-202, Arizona Revised Statutes, is amended to read:
21-202. Persons entitled to be excused from jury service
A. It is the policy of this state that all qualified citizens have an obligation to serve on juries when summoned by the courts of this state, unless excused.
B. On timely application to the court, the following persons shall be excused temporarily from service as a juror if the judge or jury commissioner finds that any of the following applies:
1. The prospective juror has a mental or physical condition that causes the juror to be incapable of performing jury service. The juror or the juror's personal representative shall provide to the court or jury commissioner a medical statement from a physician who is licensed pursuant to title 32, a physician assistant who is licensed pursuant to title 32, chapter 25 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 that explains an existing mental or physical condition that renders the person unfit for jury service. If a prospective juror does not have a physician, a physician assistant or a registered nurse practitioner, the prospective juror or the juror's personal representative shall provide a sworn statement from a professional caregiver for the prospective juror that is deemed acceptable by the court or jury commissioner and that explains the mental or physical condition that renders the prospective juror incapable of performing jury service. For the purposes of this paragraph:
(a) The statement shall be in writing and shall contain a description and duration of any mobility restrictions, the specific symptoms that make the prospective juror mentally or physically unfit for jury service and their duration, the employment status of the prospective juror and the printed name, signature, professional license number if applicable, area of specialty and contact information of the authorizing physician, physician assistant, registered nurse practitioner or professional caregiver.
(b) A form that complies with this paragraph shall be made available at courthouses, the Arizona medical board website, the Arizona regulatory board of physician assistants website, the Arizona board of osteopathic examiners in medicine and surgery website, the Arizona state board of nursing website and other appropriate locations that are identified by the court or jury commissioner.
(c) These documents are not public records and shall not be disclosed to the general public.
2. Jury service by the prospective juror would substantially and materially affect the public interest or welfare in an adverse manner.
3. The prospective juror is not currently capable of understanding the English language.
4. Jury service would cause undue or extreme physical or financial hardship to the prospective juror or a person under the prospective juror's care or supervision. For the purposes of this paragraph:
(a) A judge or jury commissioner of the court for which the person was called to jury service shall determine whether jury service would cause the prospective juror undue or extreme physical or financial hardship.
(b) A person who requests to be excused under this paragraph shall take all actions necessary to obtain a ruling on the request before the date on which the person is scheduled to appear for jury duty.
(c) Undue or extreme physical or financial hardship is limited to the following circumstances in which a person:
(i) Would be required to abandon a person under the potential prospective juror's care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury.
(ii) Would incur costs that would have a substantial adverse impact on the payment of the person's necessary daily living expenses or on those for whom the potential prospective juror provides regular employment or the principal means of support.
(iii) Would suffer physical hardship that would result in illness or disease.
(d) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from the prospective juror's place of employment.
(e) A person who requests to be excused under this paragraph shall provide the judge or jury commissioner with documentation that supports the request to be excused, such as federal and state income tax returns, payroll records, medical statements from physicians licensed pursuant to title 32, physician assistants licensed pursuant to title 32, chapter 25 or registered nurse practitioners licensed pursuant to title 32, chapter 15, proof of dependency or guardianship or other similar documents. The judge or jury commissioner may excuse a person if the documentation clearly supports the request to be excused. These documents are not public records and shall not be disclosed to the general public.
5. The prospective juror is a peace officer who is certified by the Arizona peace officer standards and training board and who is employed as a peace officer by this state or any political subdivision of this state. The employer of a peace officer shall not in any way influence the peace officer to make or not to make an application to the court, pursuant to this section, to be excused from jury service.
6. A judge or jury commissioner of the court for which the person was called to jury service excuses the prospective juror for good cause based on a showing of undue or extreme hardship under the circumstances, including being temporarily absent from the jurisdiction or a lack of transportation.
7. The prospective juror is summoned within four years after the prospective juror's last day of service on a grand jury in this state. This paragraph does not apply to a person selected as an alternate grand juror.
8. Through January 1, 2022, The prospective juror is employed in the correctional officer class series by the state department of corrections.
C. Notwithstanding subsection B of this section, a prospective juror who is at least seventy-five years of age may submit a written statement to the court requesting that the person be excused from service. The prospective juror may request to be excused temporarily or permanently. On receipt of the request, the judge or jury commissioner shall excuse the prospective juror from service.
D. A person who is excused temporarily pursuant to this section becomes eligible for qualification as a juror when the temporary excuse expires unless the person is permanently excused from jury service.
E. A person may be permanently excused only if the deciding judge or jury commissioner determines that the underlying grounds for being excused are permanent in nature or the person is permanently excused under subsection C of this section.
F. If the judge, jury commissioner or jury manager permanently excuses the person from jury service, the person shall be notified that the person is permanently excused.
Sec. 10. Section 21-222, Arizona Revised Statutes, is amended to read:
21-222. Arizona lengthy trial and digital evidence fund
A. The Arizona lengthy trial and digital evidence fund is established consisting of monies received from the additional fees paid on all filings, appearances, responses and answers pursuant to section 12-115. The monies in the fund shall not be used for any purpose other than as prescribed in this section.
B. The supreme court shall administer the fund and shall adopt rules for the administration of the fund. Not more than three per cent percent of the monies in the fund shall be used for the reasonable and necessary costs of administering the fund. On or before the fifteenth day of each month, on receipt of a request for reimbursement the supreme court shall transmit monies from the fund to a jury commissioner for monies paid to a juror under this section, together with a fee of not less than the amount prescribed in section 12-284, subsection A, class E for each application for payment of replacement or supplemental earnings by a juror.
C. Subject to the availability of monies, monies in the fund shall be used to:
1. Pay full or partial earnings replacement or supplementation to jurors who serve as petit jurors for more than five days and who receive less than full compensation. The amount of replacement or supplemental earnings shall be at least forty dollars $40 but not more than three hundred dollars $300 per day per juror beginning on the first day of jury service.
2. If monies are available in the fund after paying jurors pursuant to paragraph 1 of this subsection, pay for the management and storage of digital evidence and to facilitate the display of the evidence to the jury and court at a trial and related proceedings.
D. A juror whose jury service lasts more than five days may submit a request for payment from the fund. The amount a juror receives from the fund is limited to the difference between the jury fee prescribed in section 21-221 and the actual amount of earnings a juror earns, not less than forty dollars $40, up to the maximum level payable under subsection C, paragraph 1 of this section, minus any amount the juror actually received from the juror's employer during the same time period. A juror who requests payment from the fund:
1. Shall disclose on the form the juror's regular earnings, the amount the juror's employer will pay during the term of jury service starting on the first day and thereafter, the amount of replacement or supplemental earnings being requested and any other information that the jury commissioner deems necessary.
2. Before receiving payment from the fund, shall submit verification from the juror's employer, if any, regarding the earnings information that is provided under paragraph 1 of this subsection. This verification may include the employee's most recent earnings statement or a similar document.
3. In order to verify the weekly income if the juror is self-employed or receives compensation other than wages, shall provide a sworn affidavit attesting to the juror's approximate gross weekly income, together with any other information that the supreme court requires.
E. Jurors who are unemployed and are not eligible for payment pursuant to subsections subsection C, paragraph 1 and subsection D of this section are eligible to be paid forty dollars $40 per day, even if they receive income in the form of spousal maintenance, pensions, retirement, unemployment compensation, disability benefits or other similar income. Commissioners shall not deduct these other forms of income in calculating the amount these jurors are to be paid from the fund.
Sec. 11. Title 26, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 26-105, to read:
26-105. Border security fund; exemption; reimbursement
A. The border security fund is established and consists of legislative appropriations, gifts, grants and other donations. The department of emergency and military affairs shall administer the fund. Monies in the fund are continuously appropriated to the department of emergency and military affairs and may be used for the following purposes:
1. Preventing human trafficking.
2. Preventing entry into the United States of:
(a) aliens who are unlawfully present in the United States.
(b) terrorists and instruments of terrorism.
(c) Contraband, including narcotics and other controlled substances.
3. Planning, designing, constructing and maintaining transportation, technology and commercial vehicle inspection infrastructure near this state's international border.
4. Clearing nonindigenous plants.
5. Administering and managing the construction and maintenance of a physical border fence.
6. Awarding grants to counties to provide housing in secure facilities.
7. Awarding grants to counties for prosecuting individuals who commit crimes listed in this subsection.
B. the department of emergency and military affairs must consult with the following entities Before spending any monies from the fund for the purpose provided in:
1. Subsection A of this section, the department of public safety.
2. Subsection A, paragraph 3 of this section, the department of transportation.
3. Subsection A, paragraph 4 of this section, the Arizona department of Forestry and fire management.
4. Subsection A, paragraph 5, 6 or 7 of this section, the department of administration.
C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
D. The governor shall request the federal government to reimburse state monies spent from the fund pursuant to this section. The reimbursements shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
Sec. 12. Title 26, chapter 1, article 3, Arizona Revised Statutes, is amended by adding section 26-183, to read:
26-183. National guard cyber-attack prevention, response and support activities; cyber response revolving fund; purpose; exemption
A. The national guard of this state may engage in cyber-attack prevention, response and support activities for this state and political subdivisions of this state.
B. The national guard of this state may enter into mutual aid agreements pertaining to cyber response and protection activities with state agencies and political subdivisions of this state as authorized by section 26-309.
C. The national guard cyber response revolving fund is established consisting of monies appropriated by the legislature and monies received as reimbursement for costs incurred by this state while rendering aid pursuant to subsection a of this section. The department of emergency and military affairs shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
D. Monies in the fund shall be used for the costs incurred by this state while assisting agencies and political subdivisions of this state, or as directed by the governor, with cyber support activities pursuant to subsection A of this section.
Sec. 13. Section 31-227, Arizona Revised Statutes, is amended to read:
31-227. Expenses of prosecution; reimbursement of counties
A. If a person is arrested within this state for any crime committed in or adjacent and related to a correctional facility under the jurisdiction of the state department of corrections or committed while escaped from a correctional facility under the jurisdiction of the department or from the custody of officials or employees of the department while away from the correctional facility, the clerk of the court in which the legal proceedings relating to the crime are held shall prepare an itemized claim against the state for the court costs and any other costs or fees incurred by the county upon on the prosecution and defense of the case and the cost of confining and keeping the prisoner. The claim shall be certified by the judge of the court, and sent to the governor for approval. state department of corrections
B. Upon approval, the governor shall file the claim with the department of administration and it shall be paid from the appropriation for the support of the state department of corrections to the county treasurer of the county where the legal proceedings were held. The county treasurer shall deposit the monies in the county general fund.
Sec. 14. Title 31, chapter 2, Arizona Revised Statutes, is amended by adding article 7, to read:
ARTICLE 7. MENTAL HEALTH TRANSITION PILOT PROGRAM
31-291. Mental health transition pilot program; contracted entities; inmate eligibility; rules; study; report; definition
A. The department shall establish the mental health transition pilot program to provide eligible inmates with transition services in the community. An inmate who is in the mental health transition pilot program may not be released before the inmate's earliest release date. The department shall administer the mental health transition pilot program and contract with private or nonprofit entities to provide eligible inmates with mental health transition services and shall procure mental health transition services pursuant to title 41, chapter 23. The department may refer an inmate who has a mental health condition to be placed in the mental health transition pilot program. The department shall place up to five hundred eligible inmates in the mental health transition pilot program each fiscal year.
B. The director shall adopt rules to implement this section. The rules shall:
1. Include eligibility criteria for an inmate to receive a contracted entity's mental health transition services. To be eligible, at a minimum, an inmate must:
(a) Agree in writing to provide specific information. The department shall use the information to prepare the report prescribed by subsection D, paragraph 3 of this section.
(b) Be diagnosed as seriously mentally ill and, on release, be eligible for Arizona health care cost containment system benefits.
2. Require that an eligible inmate be offered services, which may include health care assistance to obtain Arizona health care cost containment system-funded services, case management, housing, psychiatric management, drug testing that includes a DNA match to the person and the level of any prescription drugs and transportation.
3. Require that each eligible inmate receive services in the program for at least ninety days.
C. In awarding contracts under this section, the department shall comply with section 41-3751.
D. The department shall:
1. Conduct an annual study to determine the recidivism rates of inmates who receive a contracted entity's mental health transition services pursuant to this section. The study shall include the recidivism rates of inmates who have been released from incarceration for a minimum of two years after release.
2. Evaluate each inmate and provide the information to the contracted entity.
3. On or before December 31 of each year, submit a written report to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative budget committee and provide a copy of this report to the secretary of state. The report may be submitted electronically. The report shall contain the following information:
(a) The one-year, two-year and three-year rates of return to the department's custody for an inmate who received services in the program compared to a released inmate with a seriously mentally ill diagnosis during the same period who did not receive services in the program.
(b) the number of inmates who participated in the program at any point during the previous fiscal year.
(c) the number of inmates who completed ninety days of services in the program during the previous fiscal year.
(d) the number of inmates who were still enrolled in the program on the last day of the previous fiscal year.
(e) the number of inmates who were unsuccessfully discharged from the program during the previous fiscal year.
(f) the number of inmates who were successfully connected to arizona health care cost containment system services during the previous fiscal year as evidenced by the inmate both completing an intake for services and using those services throughout the ninety-day period or through the end of the fiscal year, whichever occurs first.
(g) Of the inmates who participated in the program at any point during the previous fiscal year, the number of inmates who used Arizona health care cost containment system-funded mental health services, substance abuse services, psychiatric management services, case management services and transportation or housing services, or both.
4. Provide information about the mental health transition pilot program to each inmate who has a mental health condition or mental health co-occurring condition and who is not serving a life sentence on admission to prison and to each inmate who is potentially eligible for the mental health transition pilot program nine months before the inmate's earliest release date. The information must include all of the admission requirements to the mental health transition pilot program and the disqualifying factors under this section.
E. For the purposes of this section, "recidivism" means reincarceration in the department for any reason.
Sec. 15. Delayed repeal
Title 31, chapter 2, article 7, Arizona Revised Statutes, as added by this act, is repealed from and after June 30, 2026.
Sec. 16. Section 38-1117, Arizona Revised Statutes, as added by Laws 2021, chapter 322, section 1, is amended to read:
38-1117. Law enforcement officer investigation and discipline committee, board, agency, department, entity or person; membership; qualifications; exceptions; statewide concern
A. Notwithstanding any other law, any person, or at least two-thirds of the voting membership of any government committee, board, agency, department or entity, that investigates law enforcement officer misconduct, that influences the conduct of or certifies law enforcement officer misconduct investigations, that recommends disciplinary actions for law enforcement officer misconduct or that imposes discipline for law enforcement officer misconduct must be Arizona peace officer standards and training board certified law enforcement officers who are of any rank and who are from the same department or agency as the law enforcement officer who is the subject of the investigation or disciplinary action. If the committee, board, agency, department or entity consists of nonvoting members, not more than one-third of the members may be nonvoting members.
B. If a the person or committee, board, agency, department or entity does not meet the requirements prescribed in subsection A of this section, a supervisor, a department or an agency head that supervises a law enforcement officer may investigate and impose discipline for a law enforcement officer's misconduct if the supervisor, department or agency head acts independently of the person, committee, board, agency, department or entity.
C. This section does not apply to either of the following:
1. A person or A governmental review committee, board, agency, department or entity that only reviews the actions described in subsection A of this section and that does not determine the initial level of discipline or have the authority to increase the severity of the disciplinary action.
D. 2. The requirement prescribed in subsection A of this section that members of the government committee, board or entity be from the same department or agency does not apply to The Arizona peace officer standards and training board.
D. The legislature finds that setting and maintaining standards of professionalism and integrity of law enforcement officers in this state are of statewide concern.
Sec. 17. Section 38-1161, Arizona Revised Statutes, as added by Laws 2021, chapter 338, section 1, is amended to read:
38-1161. Civilian review board members; required training; statewide concern; exception; definition
A. Before a person becomes a member of a civilian review board that reviews the actions of peace officers in this state, the person must satisfactorily complete either:
1. Satisfactorily complete either:
(a) A community college police academy.
2. (b) A total of eighty hours of Arizona peace officer standards and training board certified training in the following subjects:
(a) (i) Arizona law on use of force justification.
(b) (ii) Dynamics of use of force encounters.
(c) (iii) Dynamics of de-escalation.
(d) (iv) Body-worn camera capabilities and limitations.
(e) (v) In custody In-custody deaths.
(f) (vi) Criminal and administrative investigations and representative due process.
(g) (vii) Twenty hours of simulated event law enforcement training, which shall count toward the eighty hours of training.
2. Be currently, or has previously been, certified by the Arizona peace officer standards and training board.
B. Members currently serving on civilian review boards shall complete the training required by this section within one year of after the effective date of this section.
C. The legislature finds that setting and maintaining standards of professionalism and integrity of peace officers in this state are of statewide concern.
D. This section does not apply to a member of the Arizona peace officer standards and training board.
C. E. For the purposes of this section, "civilian review board" means a person or a committee, board, agency, department or entity that is comprised entirely or partially of civilian appointees and that does any of the following:
1. Receives community complaints about the actions taken by employees of a state or local law enforcement agency.
2. Reviews, monitors, audits or participates in internal investigations of employees of state or local law enforcement agencies.
3. Recommends policy changes or disciplinary measures to state or local law enforcement agencies regarding actions taken by an employee of the agency.
4. Issues reports or information about actions taken by an employee of a state or local law enforcement agency.
5. Investigates law enforcement officer conduct or misconduct, influences the conduct of or certifies law enforcement officer conduct or misconduct investigations, recommends disciplinary actions for law enforcement officer misconduct or imposes discipline for law enforcement officer misconduct. This paragraph does not apply to a person or a committee, board, agency, department or entity that only reviews the actions of another person or committee, board, agency, department or entity and does not determine the initial level of discipline or have the authority to increase the level of discipline.
Sec. 18. Section 41-194.01, Arizona Revised Statutes, is amended to read:
41-194.01. Violations of state law by counties, cities and towns; attorney general investigation; report; withholding of state shared revenues; notice of violation
A. At the request of one or more members of the legislature, the attorney general shall investigate any ordinance, regulation, order or other official action adopted or taken by the governing body of a county, city or town or any written policy, written rule or written regulation adopted by any agency, department or other entity of the county, city or town that the member alleges violates state law or the Constitution of Arizona.
B. The attorney general shall make a written report of findings and conclusions as a result of the investigation within thirty days after receipt of the request and shall provide a copy of the report to the governor, the president of the senate, the speaker of the house of representatives, the member or members of the legislature making the original request and the secretary of state. If the attorney general concludes that the ordinance, regulation, order, written policy, written rule or other action under investigation:
1. Violates any provision of state law or the Constitution of Arizona, the attorney general shall provide notice to the county, city or town, by certified mail, of the violation and shall indicate that the county, city or town has thirty days to resolve the violation. If the attorney general determines that the county, city or town has failed to resolve the violation within thirty days, the attorney general shall:
(a) Notify the state treasurer who shall withhold and redistribute state shared monies from the county, city or town as provided by section 42-5029, subsection L and from the city or town as provided by section 43-206, subsection F.
(b) Continue to monitor the response of the governing body, and when the offending ordinance, regulation, order or action is repealed or the violation is otherwise resolved, the attorney general shall notify:
(i) The governor, the president of the senate, the speaker of the house of representatives and the member or members of the legislature making the original request that the violation has been resolved.
(ii) The state treasurer to restore the distribution of state shared revenues to the county, city or town.
2. May violate a provision of state law or the Constitution of Arizona, the attorney general shall file a special action in the supreme court to resolve the issue, and the supreme court shall give the action precedence over all other cases. The court shall require the county, city or town to post a bond equal to the amount of state shared revenue revenues paid to the county, city or town pursuant to section sections 42-5029 and 43-206 in the preceding six months.
3. Does not violate any provision of state law or the Constitution of Arizona, the attorney general shall take no further action pursuant to this section.
C. Before a member of the legislature may request an investigation by the attorney general of any written policy, written rule or written regulation adopted by any agency, department or other entity of a county, city or town pursuant to subsection A of this section, the member of the legislature shall first provide a written notification of the alleged violation of state law or the constitution of Arizona to the chief executive officer or governing body of the county, city or town. If the county, city or town does not repeal or otherwise resolve the violation within sixty days after receiving the notification, the member or members of the legislature may request an investigation by the attorney general pursuant to this section.
Sec. 19. Section 41-1733, Arizona Revised Statutes, is amended to read:
41-1733. School safety interoperability fund; school safety pilot program; annual report
A. The public school safety interoperability fund is established consisting of monies appropriated to the fund by the legislature. The department state treasurer shall administer the fund. The fund is subject to legislative appropriation. Monies in the fund shall be distributed to the sheriff of a county that establishes a school safety pilot program and may be used only for interoperable communication systems a school safety pilot program that meets all of the following:
1. Encompasses up to eight hundred schools that are across three different counties. One of the counties must have a population that is more than three million persons and the other two counties must each have a population that is less than five hundred thousand persons.
2. In a school safety pilot program county, enables the deployment of a secure, multimedia data communications system to a user base consisting of public safety agencies and public schools providing instruction in any combination of kindergarten programs and grades one through twelve.
3. Provides a communications solution environment that allows for:
(a) Identifying system users' identity, location and operational status during an incident.
(b) Secure text messaging and file sharing to all users involved in an incident.
(c) Secure sharing of collaborative maps, building floor plans and images between schools and public safety agencies.
(d) Integrating manually activated panic alarm systems that, when activated, establish direct collaboration between schools and public safety agencies.
(e) Using multiple forms of real-time communications and information collaboration, including voice and full-motion video sharing, during an incident.
4. Is capable of being deployed to end users on existing communications assets owned by participating entities.
5. Allows each participating entity to maintain discretionary real-time control of all communications assets owned or operated by the entity.
6. Encrypts all media communications.
7. Is CERTIFIED under the United States department of homeland security safety act as qualified anti-terrorism technology.
8. Is compatible with the federal emergency management agency interoperable gateway system for disaster communications.
9. Ensures student and staff privacy.
B. On or before November 1 of each year, The sheriff of a county that has established a school safety pilot program pursuant to this section shall submit a report to the joint legislative budget committee of all expenditures made for the school safety pilot program in the PRECEDING fiscal year.
Sec. 20. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1734, to read:
41-1734. Video recordings; release; consent; redactions; request requirements; fee
A. The department may release to the public a copy of a video recording only if one or more of the following apply:
1. All persons other than peace officers shown in the video recording consent to the release, or any information that may identify persons shown in the video has been redacted. If a person shown in the video recording is deceased, the person's parent, guardian, next of kin or estate may provide the consent.
2. The department is the custodian of the video recording and reasonably determines that there is an IMPORTANT public purpose for releasing the video recording, including a situation in which the video recording involves any of the following:
(a) A person being arrested for a misdemeanor or felony with a sentence that may result in incarceration.
(b) One or more peace officers using physical force.
(c) An allegation of law enforcement misconduct.
B. Before the department releases to the public a copy of a video recording, the department shall review the video recording to determine whether redacting or withholding the video recording is appropriate. the department:
1. Shall redact information that may identify persons shown in the video recording if a reasonable expectation of privacy exists unless the department obtains the consent of all persons required by subsection A, paragraph 1 of this section or the video recording involves an arrest described in subsection A, paragraph 2, subdivision (a) of this section. If the video recording involves an incident occurring in a public place, the department is not required to redact information that may identify persons who appear in the video recording only incidentally.
2. May withhold or redact a video recording if the department determines that the video recording is a public record and that privacy, confidentiality or the best interests of this state outweigh releasing or disclosing the video recording.
3. May withhold or redact a video recording if withholding or redacting the video recording is necessary to protect a victim's rights guaranteed under article II, section 2.1, constitution of Arizona.
C. Notwithstanding title 39, chapter 1, article 2, the department shall deny a person's request for a copy of a video recording if the person fails to comply with the requirements of this section. The department may not release a copy of the video recording unless the person submits a written request that contains all of the following information:
1. The date and approximate time of the video recording.
2. The specific location where the video recording occurred.
3. The name of one or more persons known to be a subject of the video recording.
D. A person who makes a public records request to the department for a video recording but who fails to provide all of the information required in subsection C of this section may submit a subsequent request for the same video recording by providing all of the required information.
E. the department shall establish a fee that is charged to a person who submits a request for a copy of a video recording pursuant to this section. The department may take into consideration the following information when determining the amount of the fee:
1. The cost of reviewing, making a copy of and, as necessary, redacting the video recording.
2. The hourly compensation of a public records employee.
3. Any other relevant information.
Sec. 21. Title 41, chapter 12, article 5, Arizona Revised Statutes, is amended by adding section 41-1772, to read:
41-1772. Rapid DNA testing; definitions
A. The director shall adopt rules PURSUANT to chapter 6 of this title prescribing procedures for administering rapid DNA testing of crime scene DNA samples, including:
1. Procedures for approving rapid DNA testing devices.
2. Procedures for ensuring the accuracy of results obtained from rapid DNA testing devices.
3. Qualifications for persons who conduct rapid DNA testing.
4. Qualifications for persons who instruct others on administering rapid DNA testing.
B. For the purposes of this SECTION:
1. "Crime scene DNA sample" means a DNA sample of unknown origin that is allegedly left at the scene of a crime during the commission of a crime.
2. "Rapid DNA testing" means a DNA analysis that is completed within five calendar days after collecting the DNA sample.
Sec. 22. Section 45-252, Arizona Revised Statutes, is amended to read:
45-252. General adjudication; representation; superior court; assignment to judge; personnel funding; petition
A. One or more water users upon on a river system and source, the water rights of which have not been previously adjudicated under this article and administered by the director of water resources, or the this state of Arizona upon on the request of any state agency other than the department of water resources may file a petition to have determined in a general adjudication the nature, extent and relative priority of the water rights of all persons in the river system and source.
B. The attorney general shall represent the this state of Arizona in connection with all water claims asserted by this state. The director shall be represented by legal counsel retained in accordance with section 45-104, subsection F.
C. The general adjudication shall be brought and maintained in the superior court in the county in which the largest number of potential claimants resides. The clerk of the court in which the petition is filed shall notify the supreme court, and the supreme court shall be responsible for assigning assign the general adjudication to a superior court judge and appointing appoint a master and for consolidating shall consolidate the general adjudication with other pending general adjudications, if appropriate.
D. The supreme court may appoint additional paralegals and law clerks for the general adjudication. NOTWITHSTANDING section 12-128, the superior court judge, master, PARALEGAL and law clerk positions prescribed in this subsection and subsection C of this section shall be fully funded by this state.
D. E. The petition for a general adjudication shall be captioned: "In re the general adjudication of all rights to use water in the ____________ river system and source" and shall request that the court determine the nature, extent and relative priority of the water rights of all persons in the river system and source.
Sec. 23. Laws 2018, chapter 278, section 14, as amended by Laws 2019, chapter 268, section 6 and Laws 2020, chapter 51, section 4, is amended to read:
Sec. 14. Department of emergency and military affairs; military installation fund; fiscal years 2018-2019, 2019-2020, 2020-2021, 2021-2022, 2022-2023, 2023-2024, 2024-2025 and 2025-2026; exemption
A. Notwithstanding section 26-262, Arizona Revised Statutes, the department of emergency and military affairs may use up to $1,250,000 in the military installation fund established by section 26-262, Arizona Revised Statutes, in over the combined fiscal years 2018-2019, 2019-2020, 2020-2021, and 2021-2022, 2022-2023, 2023-2024, 2024-2025 and 2025-2026 to construct a readiness center.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to the lapsing of appropriations until June 30, 2022 2026.
Sec. 24. Laws 2018, chapter 278, section 17 is amended to read:
Sec. 17. Supreme court; juvenile probation services fund; alternative dispute resolution fund; drug treatment and education fund; Arizona lengthy trial fund; fiscal years 2018-2019, 2019-2020, 2020-2021 and 2021-2022
Notwithstanding sections 8-322, 12-135, 13-901.02 and 21-222, Arizona Revised Statutes, in fiscal years 2018-2019, and 2019-2020, 2020-2021 and 2021-2022, the supreme court may use up to $3,150,000 $2,600,000 over the combined fiscal years to design, implement and upgrade a new appellate case management system. The total monies allocated by this section may not exceed $3,150,000 $2,600,000. The supreme court may use monies in any of the following funds for the purposes of the new appellate case management system:
1. The juvenile probation services fund established by section 8-322, Arizona Revised Statutes.
2. The alternative dispute resolution fund established by section 12-135, Arizona Revised Statutes.
3. The drug treatment and education fund established by section 13-901.02, Arizona Revised Statutes.
4. The Arizona lengthy trial fund established by section 21-222, Arizona Revised Statutes.
Sec. 25. State department of corrections; budget structure
Notwithstanding any other law, the state department of corrections shall report actual fiscal year 2020-2021, estimated fiscal year 2021-2022 and requested fiscal year 2022-2023 expenditures in the same structure and detail as the prior fiscal year when the department submits the fiscal year 2022-2023 budget estimate 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. 26. Department of public safety; state aid to indigent defense fund; fiscal year 2021-2022
Notwithstanding section 11-588, Arizona Revised Statutes, the department of public safety may use monies in the state aid to indigent defense fund established by section 11-588, Arizona Revised Statutes, in fiscal year 2021-2022 for operating expenses.
Sec. 27. Department of public safety; virtual firing range; White Mountain Apache police department
Notwithstanding any other law, pursuant to the appropriation and authorization to purchase ten virtual firing ranges made in Laws 2018, chapter 312, section 5, as amended by Laws 2019, chapter 283, section 1, the department of public safety shall purchase one of the ten virtual firing ranges for the White Mountain Apache police department.
Sec. 28. Retroactivity
The following apply retroactively to from and after December 31, 2020:
1. Laws 2021, chapter 322, section 1.
2. Laws 2021, chapter 338, section 1.
3. Section 38-1117, Arizona Revised Statutes, as amended by this act.
4. Section 38-1161, Arizona Revised Statutes, as amended by this act.
APPROVED BY THE GOVERNOR JUNE 30, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 30, 2021.
