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House Engrossed State of Arizona House of Representatives Forty

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House Engrossed State of Arizona House of Representatives Forty Powered By Docstoc
					                                                                 House Engrossed

      State of Arizona
      House of Representatives
      Forty-third Legislature
      Second Regular Session
      1998




                                        AN ACT

     amending title 11, chapter 3, article 6, Arizona Revised Statutes, by adding
     section 11-538; amending title 11, chapter 3, article 11, Arizona Revised
     Statutes, by adding section 11-588; amending title 12, chapter 1, article 1,
     Arizona Revised Statutes, by adding sections 12-102.01 and 12-102.02;
     amending title 41, chapter 21, article 1, Arizona Revised Statutes, by adding
     section 41-2409; Amending title 42, chapter 3, article 3, Arizona Revised
     Statutes, by adding section 42-3108; amending section 42-3108, Arizona
     Revised Statutes, as added by this act; making an appropriation; relating to
     state aid.

 1   Be it enacted by the Legislature of the State of Arizona:
 2         Section|1.||Title 11, chapter 3, article 6, Arizona Revised Statutes,
 3   is amended by adding section 11-538, to read:
 4         11-538.||State aid to county attorneys fund
 5         A.||The state aid to county attorneys fund is established consisting
 6   of monies appropriated to the fund and monies collected pursuant to section
 7   42-3052. The purpose of the fund is to provide state aid to county attorneys
 8   for the processing of criminal cases.
 9         B.||The Arizona criminal justice commission shall administer the fund.
10   The commission shall allocate fund monies to the county attorney in each
11   county pursuant to section 41-2409.
12         C.||All monies distributed or spent from the fund shall be used to
13   supplement, not supplant, funding by the counties for the processing of
14   criminal cases by county attorneys.
15         D.||Monies in the fund are exempt from the provisions of section 35-190
16   relating to lapsing of appropriations and are continuously appropriated.
     H.B. 2236




 1         Sec.|2.||Title 11, chapter 3, article 11, Arizona Revised Statutes, is
 2   amended by adding section 11-588, to read:
 3         11-588.||State aid to indigent defense fund
 4         A.||The state aid to indigent defense fund is established consisting
 5   of monies appropriated to the fund and monies collected pursuant to section
 6   42-3052.   The purpose of the fund is to provide state aid to the county
 7   public defender, county legal defender and county contract indigent defense
 8   counsel for the processing of criminal cases.
 9         B.||The Arizona criminal justice commission shall administer the fund.
10   The commission shall allocate monies in the fund for the county public
11   defender, county legal defender and county contract indigent defense counsel
12   in each county pursuant to section 41-2409.
13         C.||All monies distributed or spent from the fund shall be used to
14   supplement, not supplant, funding provided by counties for the processing of
15   criminal cases by the county public defender, county legal defender and
16   county contract indigent defense counsel in each county.
17         D.||Monies in the fund are exempt from the provisions of section 35-190
18   relating to lapsing of appropriations and are continuously appropriated.
19         Sec.|3.||Title 12, chapter 1, article 1, Arizona Revised Statutes, is
20   amended by adding sections 12-102.01 and 12-102.02, to read:
21         12-102.01.||State aid to the courts fund
22         A.||The state aid to the courts fund is established consisting of
23   Monies appropriated to the fund and monies collected pursuant to section
24   42-3052. The purpose of the fund is to provide state aid to the superior
25   court and justice courts for the processing of criminal cases.
26         B.||The supreme court shall administer the fund. The supreme court
27   shall allocate monies in the fund to the superior court and the justice
28   courts in each county according to the following composite index formula:
29         1.||The average total felony filings in the superior court in the
30   county for the preceding three fiscal years, divided by the statewide average
31   of the total felony filings in the superior court for the preceding three
32   fiscal years.
33         2.||The county population of the preceding fiscal year, as adopted by
34   the department of economic security, divided by the statewide population of
35   the preceding fiscal year as adopted by the department of economic security.
36         3.||The sum from paragraph 1 and paragraph 2 divided by two equals the
37   composite index.
38         4.||The composite index for each county shall be used as the multiplier
39   against the total funds allocated to the fund pursuant to section 42-3108 or
40   appropriated from the state general fund.
41         C.||The presiding judge of the superior court, in coordination with the
42   chairman of the board of supervisors or designee, the clerk of the superior
43   court and the presiding justice of the peace, shall submit a plan to the
44   supreme court that details how the funds allocated to the county pursuant to

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     H.B. 2236




 1   this section will be utilized and how the plan will assist the county in
 2   improving the processing of criminal cases so that progress can be made
 3   toward processing ninety per cent of the criminal cases within one hundred
 4   days and ninety-nine per cent of the criminal cases within one hundred eighty
 5   days. The presiding judge of the superior court, chairman of the board of
 6   supervisors or designee, clerk of the superior court and the presiding
 7   justice of the peace will each sign the plan, indicating either their
 8   endorsement of the plan as submitted or outlining any provisions of the plan
 9   they disagree with.    The supreme court may approve the plan or require
10   changes to the plan in order to achieve the objectives of improving criminal
11   case processing.
12         D.||The presiding judge of the superior court in each county may submit
13   a joint request for funding for the superior court, signed by the presiding
14   judge and the clerk of the superior court, to the supreme court.          The
15   presiding judge may also submit, under the signature of the presiding judge
16   and as part of the request for funding, a request for funding for the justice
17   courts in the county. The request for funding shall include the following
18   information:
19         1.||The county’s collaborative plan for implementing and completing
20   case flow management efficiencies and the progress to date on the plan.
21         2.||The felony criminal case filings in the superior court and justice
22   courts for the preceding fiscal year.
23         3.||Any special and unique circumstances that affect the ability of the
24   courts to efficiently process criminal cases.
25         E.||By September 1 of each year, the supreme court shall report to the
26   governor, the legislature, each county board of supervisors and the Arizona
27   criminal justice commission on the allocation of the fund monies for the
28   prior fiscal year and on the progress made in achieving the goal of improved
29   criminal case processing.
30         F.||All monies distributed or spent from the fund shall be used to
31   supplement, not supplant, funding provided by the state and the counties for
32   the processing of criminal cases in the superior court and justice courts.
33         G.||Monies in the fund are exempt from the provisions of section 35-190
34   relating to lapsing of appropriations and are continuously appropriated.
35         12-102.02.||Criminal case processing improvement fund
36         A.||The criminal case processing improvement fund is established
37   consisting of monies appropriated to the fund and monies collected pursuant
38   to section 42-3052. The purpose of the fund is to improve the processing of
39   criminal cases in the superior court and the justice courts.
40         B.||The supreme court shall administer the fund. The supreme court
41   shall allocate monies in the fund to counties for the planning and
42   implementation of collaborative projects that are designed to improve the
43   processing of criminal cases. At a minimum, each project shall involve the
44   county attorney, county public defender, county legal defender, county

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     H.B. 2236




 1   contract indigent defense counsel, superior court, clerk of the superior
 2   court, county manager and justice courts in the county. Additional criminal
 3   justice entities may also be included in the project.
 4         C.||To be eligible for funding, pursuant to this section, a county
 5   shall submit to the supreme court a plan that demonstrates how the county
 6   attorney, county public defender, county legal defender, county contract
 7   indigent defense counsel, courts and other identified criminal justice
 8   entities will work together collaboratively to identify current problems with
 9   criminal case processing and possible solutions and efficiencies to improve
10   the case processing time.
11         D.||By September 1 of each year, the supreme court shall report to the
12   governor, the legislature, each county board of supervisors and the Arizona
13   criminal justice commission on the progress of the criminal case processing
14   projects.
15         E.||Monies in the fund are exempt from the provisions of section 35-190
16   relating to lapsing of appropriations and are continuously appropriated.
17         F.||In order to be eligible for ongoing funding pursuant to section
18   42-3108, each county shall submit a request for funding pursuant to
19   subsection C of this section by June 30, 1999.
20         Sec.|4.||Title 41, chapter 21, article 1, Arizona Revised Statutes, is
21   amended by adding section 41-2409, to read:
22         41-2409.||State aid; administration
23         A.||The Arizona criminal justice commission shall administer the state
24   aid to county attorneys fund established by section 11-538. By September 1
25   of each year, the commission shall distribute monies in the fund to the
26   county attorney in each county according to the following composite index
27   formula:
28         1.||The average total felony filings in the superior court in the
29   county for the preceding three fiscal years, divided by the statewide average
30   of the total felony filings in the superior court for the preceding three
31   fiscal years.
32         2.||The county population of the preceding fiscal year, as adopted by
33   the department of economic security, divided by the statewide population of
34   the preceding fiscal year as adopted by the department of economic security.
35         3.||The sum from paragraph 1 and paragraph 2 divided by two equals the
36   composite index.
37         4.||The composite index for each county shall be used as the multiplier
38   against the total funds or allocated to the fund pursuant to section 42-3108
39   or appropriated from the state general fund.
40         B.||The commission shall transmit the monies for each county attorney
41   to the chief fiscal officer in each county for deposit in the county general
42   fund.
43         C.||The Arizona criminal justice commission shall administer the state
44   aid to indigent defense fund established by section 11-588. By September 1

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     H.B. 2236




 1   of each fiscal year, the commission shall distribute monies in the fund to
 2   the county public defender, county legal defender and county contract
 3   indigent defense counsel in each county according to the following composite
 4   index formula:
 5         1.||The average total felony filings in the superior court in the
 6   county for the preceding three fiscal years, divided by the statewide average
 7   of the total felony filings in the superior court for the preceding three
 8   fiscal years.
 9         2.||The county population of the preceding fiscal year, as adopted by
10   the department of economic security, divided by the statewide population of
11   the preceding fiscal year as adopted by the department of economic security.
12         3.||The sum from paragraph 1 and paragraph 2 divided by two equals the
13   composite index.
14         4.||The composite index for each county shall be used as the multiplier
15   against the total funds allocated to the fund pursuant to section 42-3108 or
16   appropriated from the state general fund.
17         D.||The commission shall transmit the monies for each county public
18   defender, county legal defender and county contract indigent defense counsel
19   to the chief fiscal officer in each county for deposit in the county general
20   fund.
21         E.||By September 1 of each year, the commission shall report to each
22   county board of supervisors, the governor, the legislature and the chief
23   justice of the supreme court on the allocation of the monies in the state aid
24   to county attorneys fund and the state aid to indigent defense fund.
25         Sec.|5.||Title 42, chapter 3, article 3, Arizona Revised Statutes, is
26   amended by adding section 42-3108, to read:
27         42-3108.||Monies allocated for state aid to the courts, county
28                      attorneys and indigent defense
29         Of the monies credited to the state general fund pursuant to section
30   42-3102, the state treasurer shall proportionately allocate the first
31   $14,062,500 as follows:
32         1.||$3,227,400 to the state aid to county attorneys fund established
33   by section 11-538.
34         2.||$3,000,000 to the state aid to indigent defense fund established
35   by section 11-588.
36         3.||$7,600,000 to the state aid to the courts fund established by
37   section 12-102.01.
38         4.||$72,600 to the attorney general for the purpose of improving
39   criminal case processing.
40         5.||$162,500 to the criminal case processing improvement fund
41   established by section 12-102.02.
42         Sec.|6.||Section 42-3108, Arizona Revised Statutes, as added by section
43   5 of this act, is amended to read:


                                        - 5 -
     H.B. 2236




 1         42-3108.||Monies allocated for state aid to the courts, county
 2                      attorneys and indigent defense
 3         Of the monies credited to the state general fund pursuant to section
 4   42-3102, the state treasurer shall proportionately allocate the first
 5   $14,062,500 $12,750,000 as follows:
 6         1.||$3,227,400 to the state aid to county attorneys fund established
 7   by section 11-538.
 8         2.||$3,000,000 to the state aid to indigent defense fund established
 9   by section 11-588.
10         3.||$7,600,000 $6,450,000 to the state aid to the courts fund
11   established by section 12-102.01.
12         4.||$72,600 to the attorney general for the purpose of improving
13   criminal case processing.
14         5.||$162,500 to the criminal case processing improvement fund
15   established by section 12-102.02.
16         Sec.|7.||Appropriation; purpose
17         A.||The sum of $5,450,500 is appropriated from the state general fund
18   to the state aid to the courts fund established by section 12-102.01, Arizona
19   Revised Statutes, as added by this act, for fiscal year 1998-1999 for the
20   purpose of improving the processing of criminal cases in the superior court
21   and justice courts.
22         B.||The sum of $162,500 is appropriated from the state general fund to
23   the supreme court for fiscal year 1998-1999 for the purpose of developing and
24   implementing county criminal case processing improvement projects pursuant
25   to section 12-102.02, Arizona Revised Statutes, as added by this act.
26         C.||The sum of $2,053,800 is appropriated from the state general fund
27   to the state aid to county attorneys fund established by section 11-538,
28   Arizona Revised Statutes, as added by this act, for fiscal year 1998-1999 for
29   the purpose of improving the processing of criminal cases.
30         D.||The sum of $1,950,000 is appropriated from the state general fund
31   to the state aid for indigent defense fund established by section 11-588,
32   Arizona Revised Statutes, as added by this act, for fiscal year 1998-1999 for
33   the purpose of improving the processing of criminal cases.
34         E.||The sum of $46,200 is appropriated from the state general fund to
35   the attorney general for fiscal year 1998-1999 for the purpose of improving
36   the processing of criminal cases.
37         Sec.|8.||Retroactivity
38         Sections 11-538, 11-588, 12-102.01 and 12-102.02, Arizona Revised
39   Statutes, as added by this act, are effective retroactively to from and after
40   June 30, 1998.
41         Sec.|9.||Effective date
42         A.||Section 42-3108, Arizona Revised Statutes, as added by this act,
43   is effective from and after June 30, 1999.


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    H.B. 2236




1         B.||Section 42-3108, Arizona Revised Statutes, as amended by this act,
2   is effective from and after June 30, 2000.
3         Sec.|10.||Intent
4         The legislature intends that monies provided for county attorneys,
5   indigent defense and courts pursuant to this act shall be used to improve the
6   processing of criminal cases, so that progress can be made toward processing
7   ninety per cent of the criminal cases within one hundred days and ninety-nine
8   per cent of the criminal cases within one hundred eighty days.




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