Bill Text: AZ HB4158 | 2026 | Fifty-seventh Legislature 2nd Regular | Engrossed
Bill Title: Criminal justice; 2026-2027
Sponsorship: Partisan Bill (Republican 5)
Status: (Enrolled) 2026-06-11 - Transmitted to Governor [HB4158 Detail]
Download: Arizona-2026-HB4158-Engrossed.html
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House Engrossed
criminal justice; 2026-2027 |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HOUSE BILL 4158 |
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AN ACT
amending sections 12-114, 12-116.10, 13-810, 31-281, 31-284, 31-285 and 41-710.03, Arizona Revised Statutes; repealing section 41-1401, Arizona Revised Statutes; amending title 41, chapter 9, article 1, Arizona Revised Statutes, by adding a new section 41-1401; amending sections 41-1641, 41-1731 and 41-1732, arizona revised statutes; repealing section 41-3026.11, Arizona Revised Statutes; amending laws 2022, chapter 311, section 10, as amended by laws 2024, chapter 213, section 7; relating to criminal justice.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-114, Arizona Revised Statutes, is amended to read:
12-114. Surcharge on court authorized diversion programs for traffic offenses; deposit
A. If a court authorizes individuals charged with civil or criminal traffic offenses to attend a court authorized diversion program, including a defensive driving school program, it the court shall require the assessment of a nine dollar $9 surcharge on the fees charged by the court authorized diversion programs. The surcharge applies to every individual who attends a court authorized diversion program, including an individual who holds a commercial driver license.
B. A court or a court authorized diversion program shall collect the nine dollar $9 surcharge and remit the surcharge to the supreme court which shall deposit, pursuant to sections 35-146 and 35-147, five dollars $5 of the surcharge in the judicial collection enhancement fund and the remaining four dollars $4 in the peace officer training law enforcement equipment fund established by section 41-1731.
Sec. 2. Section 12-116.10, Arizona Revised Statutes, is amended to read:
12-116.10. Assessment; law enforcement equipment fund
A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of four dollars $4 on every civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a criminal violation of the motor vehicle statutes or for any local ordinance relating to the stopping, standing or operation of a vehicle.
B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and forfeitures collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and forfeitures to the city or town treasurer.
C. The city, town or county treasurer shall transmit the assessment and the remittance report to the state treasurer. The state treasurer shall deposit the assessment in the peace officer training law enforcement equipment fund established by section 41-1731.
D. The court may mitigate all or part of the assessment in the same manner and subject to the same limitations in the mitigation of a fine in section 13-825, subsection B.
Sec. 3. Section 13-810, Arizona Revised Statutes, is amended to read:
13-810. Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs; report
A. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is sentenced to pay a fine, a surcharge, a fee, an assessment or incarceration costs defaults in the payment of the fine, surcharge, fee, assessment or incarceration costs or of any installment as ordered, the court, on motion of the prosecuting attorney or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.
B. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is ordered to pay restitution defaults in the payment of the restitution or of any installment as ordered, the court, on motion of the prosecuting attorney, on petition of any person entitled to restitution pursuant to a court order or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.
C. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, the court, on receipt of a petition and issuance of an order to show cause, has jurisdiction to preserve rights over all restitution liens entered pursuant to section 13-806, subsection B, and perfected pursuant to section 13-806, subsection E.
D. At any hearing on the order to show cause the court, the prosecuting attorney or a person entitled to restitution may examine the defendant under oath concerning the defendant's financial condition, employment and assets or on any other matter relating to the defendant's ability to pay restitution.
E. If the court finds that the defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following:
1. Order the defendant incarcerated in the county jail until the fine, surcharge, fee, assessment, restitution or incarceration costs, or a specified part of the fine, surcharge, fee, assessment, restitution or incarceration costs, is paid.
2. Refer the defendant for revocation of probation, parole or community supervision as authorized by law.
3. Enter an order pursuant to section 13-812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.
4. Order the defendant to perform community restitution.
F. If the court finds that the default is not wilful and that the defendant cannot pay despite sufficient good faith efforts to obtain the monies, the court may take any lawful action including:
1. Modify the manner in which the restitution, fine, surcharge, fee, assessment or incarceration costs are to be paid.
2. Enter any reasonable order that would assure compliance with the order to pay.
3. Enter an order pursuant to section 13-812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.
G. If a fine, a surcharge, a fee, an assessment, restitution or incarceration costs are imposed on an enterprise it is the duty of the person or persons authorized to make disbursement from the assets of the enterprise to pay them from those assets, and their failure to do so shall be held a contempt unless they make the showing required in subsection A or B of this section.
H. If a defendant is sentenced to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs, the clerk of the sentencing court, on request, shall make the defendant's payment history available to the prosecutor, victim, victim's attorney, probation department and court without cost.
I. On or before December 31, 2026 and each year thereafter, the administrative office of the courts shall submit a report to the governor, the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the director of the governor's office of strategic planninG and budgeting and shall provide a copy of the report to the secretary of state on the enforcement and collection of restitution, fines, fees, surcharges and assessments under this section. The report must include, for each category of monetary obligation, all of the following:
1. THe amounts ordered and collected.
2. Collection rates.
3. Instances in which a person was incarcerated due to nonpayment, including pursuant to a bench warrant or a finding of contempt, and the total days of incarceration served.
4. Enforcement and collection costs.
5. Net collections.
Sec. 4. Section 31-281, Arizona Revised Statutes, is amended to read:
31-281. Transition program; report; definition
A. The department shall establish a transition program that provides eligible inmates with transition services in the community for up to not more than ninety days. The department shall administer the transition program and contract with private or nonprofit entities to provide eligible inmates with transition services and shall procure transition services pursuant to title 41, chapter 23.
B. The director shall adopt rules to implement this article. The rules shall include:
1. Eligibility criteria for receiving a contracted entity's transition services. �To be eligible, at a minimum, an inmate shall:
(a) Not have been convicted of a sexual offense pursuant to title 13, chapter 14 or a violation of title 13, chapter 17.
(b) Not have been convicted of a violent crime as defined in section 13-901.03, unless the inmate was convicted of assault, aggravated assault or robbery.
(c) Not have any felony detainers.
(d) Agree in writing to provide specific information after the inmate is released. The department shall use the information to prepare the report prescribed by subsection D, paragraph 3 of this section.
(e) Have made satisfactory progress by complying with all programming on the inmate's individualized corrections plan as determined by the department.
(f) Be classified by the department as minimum or medium custody as determined by an objective risk assessment.
(g) Not have been found in violation of any major violent rule during the inmate's current period of incarceration or in violation of any other major rule within the previous six months. For the purposes of this subdivision, an accumulation of minor rule violations does not equal a major rule violation.
2. A requirement that each contracted entity train mentors or certify that mentors are trained.
3. A requirement that the services offered to an inmate include psychoeducational counseling and case management services as determined by the department. The counseling and services may include substance abuse treatment, anger management, cognitive behavioral therapy, parenting skills and family reunification training, further education and job placement.
4. A requirement that an inmate may be released pursuant to this article only after the victim has been provided notice and an opportunity to be heard. The department shall provide notice to a victim who has provided a current address or other contact information. The notice shall inform the victim of the opportunity to be heard on the early release. Any objection to the inmate's early release must be made within twenty days after the department has mailed the notice to the victim.
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 rate of inmates who receive a contracted entity's services pursuant to this article. The study shall include the recidivism rate of inmates who have been released from incarceration for a minimum of three years after release.
2. Evaluate the inmate and provide the information to the contracted entity.
3. Submit a written report to the governor, the president of the senate and the speaker of the house of representatives on or before July 31 November 30 of each year and provide a copy of this report to the secretary of state and the director of the joint legislative budget committee. The report may be submitted electronically. The report shall contain the following information:
(a) The recidivism rate of inmates who receive services pursuant to this article, including the recidivism rate of inmates who have been released from incarceration for a minimum of three years after release.
(b) The number of inmates who received services pursuant to this article.
(c) The number of inmates who were not provided services pursuant to this article and who were on a list waiting to receive services.
(d) The types of services provided.
(e) The number of inmates who received each type of service provided.
(f) The cost reductions to the department that are directed to the transition program pursuant to this article. For the purposes of this paragraph, the reduction rate may not be less than $17 per inmate per day.
(g) The number of participants who did not receive an early release under the transition program.
4. Provide information about the transition program to all inmates who are not serving a life sentence on admission to prison and to any inmate who is potentially eligible for the transition program six months before the inmate's eligibility date. �The information must include all of the admission requirements to the transition program, including the disqualifying factors under this section.
E. Notwithstanding subsection B, paragraph 1 of this section, if an inmate agrees to comply with any condition that is established and required by section 41-1604.07, subsection F, has been convicted of the possession or use of marijuana pursuant to section 13-3405, subsection A, paragraph 1, possession or use of a dangerous drug pursuant to section 13-3407, subsection A, paragraph 1, possession or use of a narcotic drug pursuant to section 13-3408, subsection A, paragraph 1 or possession or use of drug paraphernalia pursuant to section 13-3415, subsection A and is not concurrently serving another sentence for an offense that is not listed in this subsection, the inmate is eligible for and shall be released to enter the transition program. �The director may not exclude an inmate who is eligible for the transition program pursuant to this subsection because the inmate does not have a place to reside before being released, except that the director shall exclude an inmate who has any of the following:
1. Previously been convicted of a violent crime as defined in section 13-901.03 or an offense listed in title 13, chapter 14 or 35.1.
2. A felony detainer.
3. Been found to be in violation of a major violent rule during the inmate's current period of incarceration or to be in violation of any other major rule within the previous six months. For the purposes of this paragraph, an accumulation of minor rule violations does not equal a major rule violation.
4. Previously been released pursuant to this section and violated a term of the inmate's release.
5. Failed to achieve functional literacy as required by section 41-1604.07, subsection F, unless the inmate is enrolled in a program that prepares the inmate to achieve functional literacy.
6. Been classified by the department as close or maximum custody as determined by a current and objective risk assessment.
7. Refused enrollment in or been removed for poor behavior from a major self-improvement program within the previous eighteen months unless the inmate has subsequently enrolled in and completed the major self-improvement program.
F. For the purposes of this section, "recidivism" means reincarceration in the department for any reason.
Sec. 5. Section 31-284, Arizona Revised Statutes, is amended to read:
31-284. Transition program fund
The transition program fund is established consisting of the monies collected pursuant to section 31-254, subsection D, paragraph 3 and subsection E, paragraph 3 and section 31-285, subsection C. The department shall administer the fund to pay for any costs related to the administration of the transition program and for transition program services. �Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
Sec. 6. Section 31-285, Arizona Revised Statutes, is amended to read:
31-285. Transition program release; report
A. An inmate who enters a transition program pursuant to this article shall be released from confinement three months earlier than the inmate's earliest release date based on the inmate's risk and need and rules adopted pursuant to section 31-281. An inmate who the director determines has participated in the program but who is not low risk shall not be released from confinement earlier than the inmate's earliest release date.
B. On or before September 30 of each year, the department shall prepare a report that details the cost reductions to the department that are directed to the transition program pursuant to this article and the number of participants who did not receive an early release under the transition program. The reduction rate shall equal at least seventeen dollars per inmate per day. The department shall submit a copy of its report to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the director of the joint legislative budget committee and the secretary of state.
C. B. The state treasurer shall deposit any cost reductions that are identified pursuant to subsection B of this section 31-281, subsection D, paragraph 3, subdivision (f) in the transition program fund established by section 31-284 for the purpose of providing transitional services.
Sec. 7. Section 41-710.03, Arizona Revised Statutes, is amended to read:
41-710.03. Erroneous convictions fund
A. The erroneous convictions fund is established consisting of monies appropriated to the fund by the legislature. The department of administration 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. The department of administration shall use the monies deposited in the erroneous convictions fund to fund claims brought pursuant to title 13, chapter 38, article 36.
C. Any State agency, board, commission or department may not use monies from any fund or source other than the erroneous convictions fund to pay any reimbursement or compensation that is awarded pursuant to title 13, chapter 38, article 36. �This state is not liable for any amount to pay any reimbursement or compensation awarded pursuant to title 13, chapter 38, article 36 in excess of the monies available in the erroneous convictions fund.
Sec. 8. Heading change
The article heading of title 41, chapter 9, article 1, Arizona Revised Statutes, is changed from "CIVIL RIGHTS DIVISION AND CIVIL RIGHTS ADVISORY BOARD" to "CIVIL RIGHTS DIVISION".
Sec. 9. Repeal
Section 41-1401, Arizona Revised Statutes, is repealed.
Sec. 10. Title 41, chapter 9, article 1, Arizona Revised Statutes, is amended by adding a new section 41-1401, to read:
41-1401. Civil rights division; definition
A. The civil rights division within the department of law is established.
B. For the purposes of this chapter, "division" means the civil rights division within the department of law.
Sec. 11. Section 41-1641, Arizona Revised Statutes, is amended to read:
41-1641. Corrections fund; uses; prior approval; exemption; transfer
A. The corrections fund is established and consists of monies received from the distribution provided pursuant to section 42-3104. The state department of corrections shall administer the fund. Monies in the fund are subject to legislative appropriation.
B. Monies in the corrections fund may be expended by:
1. The director of the department of administration for major maintenance, construction, lease, purchase, renovation or conversion of corrections or state operated juvenile facilities subject to the prior approval of the joint committee on capital review and the legislature.
2. The director of the state department of corrections for costs incurred in the minor maintenance and the operations of corrections facilities subject to the prior approval of the legislature.
3. The director of the department of juvenile corrections for costs incurred in the minor maintenance and the operations of state operated juvenile facilities subject to the prior approval of the legislature.
C. Notwithstanding any law to the contrary and except as provided in subsection B of this section:
1. The director of the state department of corrections shall enter into an agreement with the director of the department of administration for the expenditure of monies for the maintenance of corrections facilities.
2. The director of the department of juvenile corrections shall enter into an agreement with the director of the department of administration for the expenditure of monies for the maintenance of state operated juvenile facilities.
D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
E. The director of the state department of corrections shall transfer two million five hundred thousand dollars $12,500,000 from the corrections fund annually to the department of corrections building renewal fund established by section 41-797.
Sec. 12. Section 41-1731, Arizona Revised Statutes, is amended to read:
41-1731. Law enforcement equipment fund; exemptions
A. The peace officer training law enforcement equipment fund is established consisting of monies deposited pursuant to sections 12-114 and 12-116.10. �The state treasurer Arizona criminal justice commission shall administer the fund. �Monies in the fund may be used only for peace officer law enforcement equipment and administrative costs.
B. 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. Monies in the fund:
1. Do not revert to the state general fund at the end of the fiscal year.
2. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
3. Are subject to legislative appropriation.
Sec. 13. Section 41-1732, Arizona Revised Statutes, is amended to read:
41-1732. Law enforcement equipment fund advisory commission; membership; duties; recommendations
A. The peace officer training law enforcement equipment fund advisory commission is established consisting of the following members:
1. One member of the senate who is appointed by the president of the senate.
2. One member of the house of representatives who is appointed by the speaker of the house of representatives.
3. The director of the department of public safety or the director's designee.
4. One member who is appointed by the Arizona association of chiefs of police.
5. One member who is appointed by the Arizona sheriffs association.
6. One member who is appointed by the director of the Arizona state troopers association.
7. One member who is appointed by the director of the Arizona police association.
B. Members who are appointed pursuant to subsection A, paragraphs 4, 5, 6 and 7 of this section serve three-year terms. �The members of the commission shall annually elect a chairperson and vice chairperson from among the voting members. �The advisory commission shall meet on the call of the chairperson but at least once each fiscal year. No actions may be taken without a quorum present. Members who are appointed pursuant to subsection A, paragraphs 1 and 2 of this section shall serve as advisory nonvoting members of the advisory commission.
C. Members are not eligible to receive compensation but members who are appointed pursuant to subsection A, paragraphs 4, 5, 6 and 7 of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
D. The advisory commission may use the facilities and the staff of the Arizona criminal justice commission.
E. The advisory commission may enter into interagency agreements with the Arizona criminal justice commission and other agencies for advisory commission business.
F. On or before December 1 of each year, the advisory commission shall submit written recommendations to the president of the senate, the speaker of the house of representatives, the governor and the chairpersons of the senate commerce and public safety committee and the house of representatives judiciary and public safety committee, or their successor committees, on the allocation each fiscal year of monies in the peace officer training law enforcement equipment fund established by section 41-1731. The advisory commission shall provide a copy of the recommendations to the secretary of state.
Sec. 14. Repeal
Section 41-3026.11, Arizona Revised Statutes, is repealed.
Sec. 15. Laws 2022, chapter 311, section 10, as amended by Laws 2024, chapter 213, section 7, is amended to read:
Sec. 10. Effective date
Section 41-1712, Arizona Revised Statutes, as amended by Laws 2022, chapter 311, section 3, and title 41, chapter 12, article 4.1, Arizona Revised Statutes, as added by Laws 2022, chapter 311, section 5, are effective from and after June 30, 2027 2028.
Sec. 16. Retroactivity
Section 41-710.03, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after December 31, 2025.
