Bill Text: AZ HB2599 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Drug treatment alternative; prison; fund
Spectrum: Slight Partisan Bill (Democrat 18-8)
Status: (Introduced - Dead) 2014-02-17 - Referred to House JUD Committee [HB2599 Detail]
Download: Arizona-2014-HB2599-Introduced.html
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REFERENCE TITLE: drug treatment alternative; prison; fund |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2599 |
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Introduced by Representatives Steele, Cardenas, Gabaldón, Gonzales, Meyer, Miranda, Orr, Peshlakai, Quezada, Sherwood, Senator Farley: Representatives Carter, Clinco, Coleman, Fann, Gallego, Hale, Mach, McCune Davis, Pierce J, Pratt, Saldate, Thorpe, Tobin, Wheeler, Senator Tovar
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AN ACT
amending title 11, chapter 2, article 11, Arizona Revised Statutes, by adding section 11-363; amending title 11, chapter 3, article 6, Arizona Revised Statutes, by adding sections 11-540 and 11-540.01; making an appropriation; relating to drug treatment alternative to prison programs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 2, article 11, Arizona Revised Statutes, is amended by adding section 11-363, to read:
11-363. Drug treatment alternative to prison program; eligibility
A. A county may establish a qualified drug treatment alternative to prison program. The county attorney may use monies from the drug treatment alternative to prison fund established pursuant to section 11‑540 to establish and maintain the program. A program established pursuant to this section shall comply with all of the following requirements:
1. Except as provided in paragraph 2 of this subsection, the following persons are eligible to participate in the program:
(a) A Person who has two or more previous convictions for the possession or use of a controlled substance or drug PARAPHERNALIA and who is currently charged with the possession or use of a controlled substance or drug paraphernalia.
(b) A person who has one or more prior felony convictions and who is currently charged with the possession or use of methamphetamine or drug paraphernalia or a nonviolent felony property offense that is connected with or attributable to drug use.
2. A person who has been convicted of or charged with any of the following offenses is not eligible to participate in the program:
(a) possession for sale, manufacturing or transportation of any controlled substance.
(b) an offense under title 13, chapter 14 or 35.1 or a serious offense as defined in section 13-706.
3. at a minimum, a participant shall be placed on two years of probation and shall receive drug treatment and case management services that are monitored by the court.
4. The person must participate in a combination of residential and outpatient drug treatment as determined by the court.
b. in a program established pursuant to this section, Any case management services may include transitional housing, counseling, mental health and medical care, transportation, food, clothing, life and job skills training and job placement.
c. The court shall hold regular review hearings to monitor the person's progress in the program.
Sec. 2. Title 11, chapter 3, article 6, Arizona Revised Statutes, is amended by adding sections 11-540 and 11-540.01, to read:
11-540. Drug treatment alternative to prison fund; report
A. if a county establishes a qualified drug treatment alternative to prison program pursuant to section 11-363, the county shall establish a drug treatment alternative to prison prosecution fund consisting of legislative APPROPRIATIONS, county general fund appropriations, grants, gifts, devises and donations from any public or private source. The county attorney shall administer the fund and use Monies in the fund to implement a qualified drug treatment alternative to prison program as an alternative to imprisonment in the state department of corrections. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
B. Beginning in fiscal year 2016‑2017, the legislature shall appropriate to the county's drug treatment alternative to prison fund any cost savings that are calculated pursuant to this subsection. Beginning in fiscal year 2016‑2017, the county attorney shall annually report to the director of the state department of corrections, the director of the administrative office of the courts and the joint legislative budget committee the number of persons who have successfully completed the drug treatment alternative to prison program in the previous fiscal year. The joint legislative budget committee shall calculate the cost savings to the state department of corrections for the year and for each county based on the number of persons successfully completing the drug treatment alternative to prison program and the cost for contracted beds as of June 30 in the fiscal year before the fiscal year in which the report is provided.
11-540.01. County attorney adult deferred prosecution fund
A. each county may establish a county attorney deferred prosecution fund consisting of the following monies:
1. County general fund appropriations.
2. Federal monies that are appropriated for deferred prosecution programs.
3. Grants, gifts, devises and donations from any public or private source.
4. Legislative appropriations.
B. The court shall hold regular review hearings to monitor the progress of persons in deferred prosecution programs.
C. Monies in the fund shall be used at the discretion of the county attorney for administering deferred prosecution programs established pursuant to section 11‑361.
D. if a county has established a county attorney deferred prosecution fund, Beginning in fiscal year 2015‑2016, the legislature shall annually appropriate to the county attorney deferred prosecution fund in each county forty per cent of any costs that are avoided in that county as calculated under subsection E of this section.
E. The joint legislative budget committee staff shall annually calculate any costs that have been avoided by increasing the percentage of persons from each county who are diverted into a deferred prosecution program pursuant to section 11‑361 and who would have otherwise been placed on supervised probation. The joint legislative budget committee staff shall calculate the cost avoidance for each county by comparing the number of persons who are diverted to a deferred prosecution program pursuant to section 11‑361 to the estimated number of persons who would have otherwise been placed on supervised probation in each county at the baseline percentage rate. This calculation shall be based on the fiscal year before the fiscal year in which the report is required. The baseline probation percentage rate is the percentage rate of persons sentenced to a term of supervised probation in fiscal year 2013‑2014. The joint legislative budget committee staff shall calculate an annual per person avoided cost by using the county's annual per person cost for supervised probation as of June 30 in the fiscal year before the fiscal year in which the report is required pursuant to subsection F of this section and the average length of time on probation for a person who is sentenced to a term of probation in the county.
F. On or before October 1 of each year, the county attorney of each county and the chief adult probation officer shall jointly report to the president of the senate, the speaker of the house of representatives and the governor and shall provide a copy of the report to the joint legislative budget committee and the secretary of state. The report shall include:
1. The number of persons diverted through diversion programs established pursuant to section 11‑361 in each county in the previous fiscal year.
2. The number of persons charged by the county attorney with a criminal offense in the previous fiscal year.
3. The average length of time on probation for a person who is sentenced to a term of probation in the county.
4. The probation department's most recent cost per person for supervised probation.
G. Beginning in fiscal year 2014‑2015, the joint legislative budget committee staff shall annually report by November 15 to the joint legislative budget committee the results calculated pursuant to this section.
Sec. 3. Appropriation; Pima county attorney; drug treatment alternative to prison programs; exemption
A. The sum of $250,000 is appropriated from the state general fund in fiscal years 2014-2015 and 2015‑2016 to the Pima county drug treatment alternative to prison fund established pursuant to section 11-540, Arizona Revised Statutes, as added by this act, for use by the Pima county attorney in establishing and maintaining drug treatment alternative to prison programs.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations. All monies remaining unexpended and unencumbered on October 1, 2016 revert to the general fund.
