Bill Text: AZ SB1158 | 2017 | Fifty-third Legislature 1st Regular | Engrossed
Bill Title: Sentencing; court debts; fine mitigation
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-02-28 - House read second time [SB1158 Detail]
Download: Arizona-2017-SB1158-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SENATE BILL 1158 |
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AN ACT
amending sections 12‑114.01, 12‑116.01 and 12‑116.02, Arizona Revised Statutes; amending title 12, chapter 1, article 2, Arizona Revised Statutes, by adding section 12‑137; amending sections 13‑603, 13‑712, 13‑805, 13‑810, 13‑812 and 13‑824, Arizona Revised Statutes; amending title 13, chapter 8, Arizona Revised Statutes, by adding sections 13‑825 and 13‑826; amending sections 13‑918 and 13‑924, Arizona Revised Statutes; amending title 13, chapter 34, Arizona Revised Statutes, by adding section 13‑3423; amending title 22, chapter 1, article 2, Arizona Revised Statutes, by adding section 22‑126; amending title 22, chapter 4, article 1, Arizona Revised Statutes, by adding section 22‑410; amending section 41‑2419, Arizona Revised Statutes; relating to the court administration.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-114.01, Arizona Revised Statutes, is amended to read:
12-114.01. Probation assessment; deposit
A. Except as provided in section 12‑269, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay an assessment of twenty dollars on conviction for a criminal offense or a finding of responsibility for a civil traffic violation, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except parking violations, or for a violation of the game and fish statutes in title 17.
B. The monies collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the judicial collection enhancement fund established by section 12‑113 to be used to supplement monies currently used for the salaries of adult and juvenile probation and surveillance officers and for support of programs and services of the superior court adult and juvenile probation departments.
C. The court may waive mitigate all or part of the assessment in the same manner and subject to the same limitations provided for the waiver of surcharges in the mitigation of a civil penalty or a fine pursuant to section 12‑116.01, subsection F and section 12‑116.02, subsection D 13‑826.
Sec. 2. Section 12-116.01, Arizona Revised Statutes, is amended to read:
12-116.01. Surcharges; fund deposits
A. In addition to any penalty provided by law, a surcharge shall be levied in an amount of forty‑seven per cent percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
B. In addition to any penalty provided by law, a surcharge shall be levied in an amount of seven per cent percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
C. In addition to any penalty provided by law, a surcharge shall be levied through December 31, 2011 in an amount of seven per cent, and beginning January 1, 2012 in an amount of six per cent, percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
D. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of the surcharge pursuant to subsection H G of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned.
E. After addition of the surcharge, the courts may round the total amount due to the nearest one‑quarter dollar.
F. The judge may waive all or part of the civil penalty, fine, forfeiture and surcharge, except for mandatory civil penalties and fines, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the surcharges prescribed by subsections A, B and C of this section and section 12‑116.02. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and surcharge is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
G. F. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.
H. G. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A, B, C and D of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A, B, C and D of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer.
I. H. The appropriate authorities specified in subsection H G of this section shall transmit the forty‑seven per cent percent surcharge prescribed in subsection A of this section and the remittance report as required in subsection H G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the criminal justice enhancement fund established by section 41‑2401.
J. I. The appropriate authorities specified in subsection H G of this section shall transmit the seven per cent percent surcharge prescribed in subsection B of this section and the remittance report as required in subsection H G of this section to the state treasurer on or before the fifteenth day of each month for allocation pursuant to section 41‑2421, subsection J.
K. J. The appropriate authorities specified in subsection H G of this section shall transmit the surcharge prescribed in subsection C of this section and the remittance report as required in subsection H G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the Arizona deoxyribonucleic acid identification system fund established by section 41‑2419.
L. K. Partial payments of the amount due shall be transmitted as prescribed in subsections G, H, I, and J and K of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
Sec. 3. Section 12-116.02, Arizona Revised Statutes, is amended to read:
12-116.02. Additional surcharges; fund deposits
A. In addition to any penalty provided by law, there shall be levied a surcharge shall be levied in an amount of thirteen per cent percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and civil penalties imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
B. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of such the surcharge shall be transmitted by the court pursuant to subsection F E of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned.
C. After addition of the surcharge, the courts may round the total amount due to the nearest one‑quarter dollar.
D. The judge may waive all or part of the civil penalty, fine, forfeiture and surcharge, except for civil penalties and fines that are mandatory, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the surcharge prescribed by subsection A of this section and section 12‑116.01. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and surcharge is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
E. D. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.
F. E. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A and B of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A and B of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer.
G. F. The appropriate authorities prescribed in subsection E of this section shall transmit the thirteen per cent percent surcharge as required in subsection A of this section shall be transmitted by the appropriate authorities prescribed in subsection F of this section to the state treasurer on or before the fifteenth day of each month for deposit in the medical services enhancement fund established by section 36‑2219.01.
H. G. Partial payments of the amount due shall be transmitted as required in subsections E and F and G of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
Sec. 4. Title 12, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 12-137, to read:
12-137. Removal of debt from accounting system; notification
the superior court may order that all or any part of a debt that is due to the court be removed from the court's accounting system if twenty or more years have elapsed from the date of the initial fine or other monetary obligation in a criminal case that resulted in the debt and the court does all of the following:
1. Notifies the prosecutor and the defendant and the victim, if the defendant's and the victim's addresses are known, that the court may remove all or part of the debt from the court's accounting system and that any party or the victim may file an objection to the removal within thirty days after the court makes the notification. The court shall consider any objection in determining whether to remove the debt.
2. Makes reasonable attempts to collect the debt, including billing the debtor on at least four different dates.
3. Submits the debt for collection to a collection agency that is licensed pursuant to title 32, chapter 9 and does not order the removal of the debt for at least one year while the collection agency attempts collection.
4. Notifies the department of revenue of the debt pursuant to section 42-1122.
5. Notifies the county treasurer.
Sec. 5. Section 13-603, Arizona Revised Statutes, is amended to read:
13-603. Authorized disposition of offenders
A. Every person convicted of any offense defined in this title or defined outside this title shall be sentenced in accordance with this chapter and chapters 7, 8 and 9 of this title unless otherwise provided by law.
B. If a person is convicted of an offense, the court, if authorized by chapter 9 of this title, may suspend the imposition or execution of sentence and grant such person a period of probation except as otherwise provided by law. The sentence is tentative to the extent that it may be altered or revoked in accordance with chapter 9 of this title, but for all other purposes it is a final judgment of conviction.
C. If a person is convicted of an offense, the court shall require the convicted person to make restitution to the person who is the victim of the crime or to the immediate family of the victim if the victim has died, in the full amount of the economic loss as determined by the court and in the manner as determined by the court or the court's designee pursuant to chapter 8 of this title. Restitution ordered pursuant to this subsection shall be paid to the clerk of the court for disbursement to the victim and is a criminal penalty for the purposes of a federal bankruptcy involving the person convicted of an offense.
D. If the court imposes probation it may also impose a fine as authorized by chapter 8 of this title.
E. If a person is convicted of an offense and not granted a period of probation, or when probation is revoked, any of the following sentences may be imposed:
1. A term of imprisonment authorized by this chapter or chapter 7 of this title.
2. A fine authorized by chapter 8 of this title. The sentence is tentative to the extent it may be modified or revoked in accordance with chapter 8 of this title, but for all other purposes it is a final judgment of conviction. If the conviction is of a class 2, 3 or 4 felony, the sentence cannot consist solely of a fine.
3. Both imprisonment and a fine.
4. Intensive probation, subject to the provisions of chapter 9 of this title.
5. Intensive probation, subject to the provisions of chapter 9 of this title, and a fine.
6. A new term of probation or intensive probation.
7. If the conviction is for a misdemeanor, in addition to any sentence authorized by law, a term of:
(a) Community restitution pursuant to section 13‑825, subsection A.
(b) Education or treatment pursuant to section 13‑825, subsection B.
F. If an enterprise is convicted of any offense, a fine may be imposed as authorized by chapter 8 of this title.
G. If a person or an enterprise is convicted of any felony, the court may, in addition to any other sentence authorized by law, may order the forfeiture, suspension or revocation of any charter, license, permit or prior approval granted to the person or enterprise by any department or agency of the state or of any political subdivision.
H. A court authorized to pass sentence upon on a person convicted of any offense defined within or without this title shall have a duty to determine and impose the punishment prescribed for such offense.
I. If a person is convicted of a felony offense and the court sentences the person to a term of imprisonment, the court at the time of sentencing shall impose on the convicted person a term of community supervision. The term of community supervision shall be served consecutively to the actual period of imprisonment if the person signs and agrees to abide by conditions of supervision established by the state department of corrections. Except pursuant to subsection J of this section, the term of community supervision imposed by the court shall be for a period equal to one day for every seven days of the sentence or sentences imposed.
J. In calculating the term of community supervision, all fractions shall be decreased to the nearest month, except for a class 5 or 6 felony which shall not be less than one month.
K. Notwithstanding subsection I of this section, if the court sentences a person to serve a consecutive term of probation immediately after the person serves a term of imprisonment, the court may waive community supervision and order that the person begin serving the term of probation upon on the person's release from confinement. The court may retroactively waive the term of community supervision or that part remaining to be served if the community supervision was imposed before July 21, 1997. If the court waives community supervision, the term of probation imposed shall be equal to or greater than the term of community supervision that would have been imposed. If the court does not waive community supervision, the person shall begin serving the term of probation after the person serves the term of community supervision. The state department of corrections shall provide reasonable notice to the probation department of the scheduled release of the inmate from confinement by the department.
L. If at the time of sentencing the court is of the opinion that a sentence that the law requires the court to impose is clearly excessive, the court may enter a special order allowing the person sentenced to petition the board of executive clemency for a commutation of sentence within ninety days after the person is committed to the custody of the state department of corrections. If the court enters a special order regarding commutation, the court shall set forth in writing its specific reasons for concluding that the sentence is clearly excessive. The court shall allow both the state and the victim to submit a written statement on the matter. The court's order, and reasons for its order, and the statements of the state and the victim shall be sent to the board of executive clemency.
Sec. 6. Section 13-712, Arizona Revised Statutes, is amended to read:
13-712. Calculation of terms of imprisonment
A. A sentence of imprisonment commences when sentence is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise it commences when the defendant becomes actually in custody.
B. All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for such offense shall be credited against the term of imprisonment otherwise provided for by this chapter.
C. If a defendant is released from custody pending trial on at least one charge but remains in actual custody because of not being released pending trial on any other charge, the time spent in actual custody until the defendant is sentenced to imprisonment may be credited in each sentence against the term of imprisonment that is otherwise provided for by this chapter.
C. d. If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence.
D. e. If a person serving a sentence of imprisonment escapes from custody, the escape interrupts the sentence. The interruption continues until the person is apprehended and confined for the escape or is confined and subject to a detainer for the escape. Time spent in actual custody prior to before return under this subsection shall be credited against the term authorized by law if custody rested on an arrest or surrender for the escape itself, or if the custody arose from an arrest on another charge which that culminated in a dismissal or an acquittal, and the person was denied admission to bail pending disposition of that charge because of a warrant lodged against such person arising from the escape.
E. f. The sentencing court shall include the time of commencement of sentence under subsection A and the computation of time credited against sentence under subsection B, C, or D or E of this section, in the original or an amended commitment order, under procedures established by rule of court.
Sec. 7. Section 13-805, Arizona Revised Statutes, is amended to read:
13-805. Jurisdiction
A. The trial court shall retain jurisdiction of the case for purposes of ordering, modifying and enforcing the manner in which court‑ordered payments are made until paid in full or until the defendant's sentence expires.
B. At the time the defendant is ordered to pay restitution by the court, the court may enter a criminal restitution order in favor of each person who is entitled to restitution for the unpaid balance of any restitution order. A criminal restitution order does not affect any other monetary obligation imposed on the defendant pursuant to law.
C. At the time the defendant completes the defendant's period of probation or the defendant's sentence or the defendant absconds from probation or the defendant's sentence, the court shall enter both:
1. A criminal restitution order in favor of the state for the unpaid balance, if any, of any fines, costs, incarceration costs, fees, surcharges or assessments imposed.
2. A criminal restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered, if a criminal restitution order is not issued pursuant to subsection B of this section.
D. The clerk of the court shall notify each person who is entitled to restitution of the criminal restitution order.
E. A criminal restitution order may be recorded and is enforceable as any civil judgment, except that a criminal restitution order does not require renewal pursuant to section 12‑1611 or 12‑1612. Enforcement of a criminal restitution order by any person who is entitled to restitution or by the state includes the collection of interest that accrues at a rate of ten percent per annum year. The court may waive all or part of this interest on the agreement of the prosecutor and victim. Enforcement of a criminal restitution order by the state includes the collection of interest that accrues at a rate of four percent per year. A criminal restitution order does not expire until paid in full.
F. All monies paid pursuant to a criminal restitution order entered by the superior court shall be paid to the clerk of the superior court.
G. Monies received as a result of a criminal restitution order entered pursuant to this section shall be distributed in the following order of priority:
1. Restitution ordered that is reduced to a criminal restitution order.
2. Associated interest.
H. The interest accrued pursuant to subsection E of this section does not apply to fees imposed for collection of the court ordered payments.
I. A criminal restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the defendant.
Sec. 8. Section 13-810, Arizona Revised Statutes, is amended to read:
13-810. Consequences of nonpayment of fines, fees, assessments, restitution or incarceration costs
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 fee, an assessment or incarceration costs defaults in the payment of the fine, fee, assessment or incarceration costs or of any installment as ordered, the clerk of the court imposing the fine, fee or incarceration costs shall notify the prosecutor and the sentencing court. 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 clerk of the court that imposed the restitution shall notify the prosecutor and the sentencing court on a monthly basis. 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. 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.
D. If the court finds that the defendant has wilfully failed to pay a fine, 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 one of the following:
1. Order the defendant incarcerated in the county jail until the fine, fee, assessment, restitution or incarceration costs, or a specified part of the fine, fee, assessment, restitution or incarceration costs, is paid.
2. Revoke the defendant's probation, parole or community supervision and sentence the defendant to prison pursuant to law.
3. 2. Enter an order pursuant to section 13‑812. The levy or execution for the collection of a fine, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, fee, assessment, restitution or incarceration costs until the amount of the fine, fee, assessment, restitution or incarceration costs is collected.
4. 3. Order the defendant to perform community restitution.
E. 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, 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 fee, an assessment, restitution or incarceration costs does not discharge a defendant incarcerated for nonpayment of the fine, fee, assessment, restitution or incarceration costs until the amount of the fine, fee, assessment, restitution or incarceration costs is collected.
F. If a fine, 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.
G. IF A DEFENDANT IS SENTENCED TO PAY A FINE, FEE, 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.
Sec. 9. Section 13-812, Arizona Revised Statutes, is amended to read:
13-812. Garnishment for nonpayment of fines, fees, assessments, restitution or incarceration costs
A. After a hearing on an order to show cause pursuant to section 13‑810, subsection A or B or after a hearing on a petition to revoke probation pursuant to section 13‑804, subsection E or the rules of criminal procedure, the court may issue a writ of criminal garnishment for any fine, fee, assessment, restitution or incarceration costs.
B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, fee, assessment, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following:
1. The defendant's earnings as defined in section 12‑1598.
2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings.
3. Monies that are held by a garnishee on behalf of a defendant.
4. The defendant's personal property that is in the possession of a garnishee.
5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant.
6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.
Sec. 10. Section 13-824, Arizona Revised Statutes, is amended to read:
13-824. Community restitution in lieu of monetary obligation; definition
A. Notwithstanding any other law, in a municipal or justice court, if a monetary obligation is imposed on a defendant is sentenced to pay a fine, a fee, assessment or incarceration costs at sentencing and the court finds the defendant is unable to pay all or part of the fine, fee, assessment or incarceration costs monetary obligation, the court may order the defendant to perform community restitution in lieu of the payment for all or part of the fine, fee, assessment or incarceration costs monetary obligation. The amount of community restitution shall be equivalent to the amount of the fine, fee or incarceration costs monetary obligation by crediting any service performed at a rate of ten dollars per hour.
B. THIS SECTION DOES NOT APPLY TO THE SURCHARGE IMPOSED AND COLLECTED PURSUANT TO SECTION 16-954, SUBSECTION A.
C. For the purposes of this section, "monetary obligation" means a fine, a civil penalty, a surcharge, a fee, an assessment or incarceration costs.
Sec. 11. Title 13, chapter 8, Arizona Revised Statutes, is amended by adding sections 13-825 and 13‑826, to read:
13-825. Sentence for misdemeanor convictions; community restitution; court‑ordered education or treatment
A. If the court imposes a sentence to perform community restitution for a misdemeanor conviction pursuant to section 13‑603, the court shall determine and fix the sentence for a definite period of time.
B. If the court imposes a sentence for a term of education or treatment for a misdemeanor conviction pursuant to section 13‑603, the term may not exceed the term of probation that is permitted pursuant to section 13‑902, subsection A. The court or the probation officer shall determine the program of education or treatment.
13-826. Mitigation of civil penalty or fine; community restitution waiver or mitigation
A. Unless otherwise provided by law, a judge may mitigate a civil penalty, forfeiture or a fine if the payment would work a hardship on the person who is ordered to pay the civil penalty, forfeiture or fine or on the person's immediate family. If a civil penalty or fine is mitigated, the amount assessed must be divided according to the proportion that the civil penalty and fine as well as the surcharge, fee, forfeiture, assessment and incarceration costs represent to the total amount due.
B. A judge may waive or mitigate mandatory community restitution due to a defendant's medical condition. THIS SUBSECTION DOES NOT APPLY TO COMMUNITY RESTITUTION ORDERED PURSUANT TO SECTION 13-824.
C. THIS SECTION DOES NOT APPLY TO THE SURCHARGE IMPOSED AND COLLECTED PURSUANT TO SECTION 16-954, SUBSECTION A.
Sec. 12. Section 13-918, Arizona Revised Statutes, is amended to read:
13-918. Employment; monitoring of wages
A. The intensive probation team shall assist each person under its supervision in obtaining employment.
B. The person's wages shall be paid directly to an account established monitored by the chief adult person's probation officer from which the chief adult probation officer shall make payments for to ensure the collection of restitution, probation fees, fines and other payments. The balance of the monies shall be placed in an account to be used for or paid to the person or his immediate family in a manner and in such amounts as determined by the chief adult probation officer or the court. Any monies remaining in the account at the time the person successfully completes probation shall be paid to the person.
Sec. 13. Section 13-924, Arizona Revised Statutes, is amended to read:
13-924. Probation; earned time credit; applicability
A. The court may adjust the period of a probationer's supervised probation on the recommendation of an adult probation officer for earned time credit.
B. Earned time credit equals twenty days for every thirty days that a probationer does all of the following:
1. Exhibits positive progression toward the goals and treatment of the probationer's case plan.
2. Is current on payments for court ordered restitution and is in compliance with all other nonmonetary obligations.
3. Is current in completing community restitution.
C. Any earned time credit awarded pursuant to this section shall be revoked if a probationer is found in violation of a condition of probation.
D. This section does not apply to a probationer who is currently:
1. On lifetime probation.
2. On probation for any class 2 or 3 felony.
3. On probation exclusively for a misdemeanor offense.
4. Required to register pursuant to section 13‑3821.
E. This section has no effect on the ability of the court to terminate the period of probation or intensive probation pursuant to section 13‑901, subsection E at a time earlier than originally imposed.
Sec. 14. Title 13, chapter 34, Arizona Revised Statutes, is amended by adding section 13-3423, to read:
13-3423. Mitigation of drug fine
A Judge, pursuant to section 13‑826, may mitigate a fine that is imposed as a result of a conviction for a violation of this chapter.
Sec. 15. Title 22, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 22-126, to read:
22-126. Removal of debt from accounting system; notification
A justice of the peace may order that all or any part of a debt that is due to the justice court be removed from the court's accounting system if twenty or more years have elapsed from the date of the initial fine or other monetary obligation in a criminal or civil traffic case that resulted in the debt and the court does all of the following:
1. Notifies the prosecutor and the defendant and the victim, if the defendant's and the victim's addresses are known, that the court may remove all or part of the debt from the court's accounting system and that any party or the victim may file an objection to the removal within thirty days after the court makes the notification. The court shall consider any objection in determining whether to remove the debt.
2. Makes reasonable attempts to collect the debt, including billing the debtor on at least four different dates.
3. Submits the debt to a collection agency licensed pursuant to title 32, chapter 9 for collection and does not order the removal of the debt for at least one year while the collection agency attempts collection.
4. Notifies the department of revenue of the debt pursuant to section 42-1122.
5. Notifies the county treasurer.
Sec. 16. Title 22, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 22-410, to read:
22-410. Removal of debt from accounting system; notification
A municipal court may order that all or any part of a debt that is due to the municipal court be removed from the court's accounting system if twenty or more years have elapsed from the date of the initial fine or other monetary obligation in a criminal or civil traffic case that resulted in the debt and the court does all of the following:
1. Notifies the prosecutor and the defendant and the victim, if the defendant's and the victim's addresses are known, that the court may remove all or part of the debt from the court's accounting system and that any party or the victim may file an objection to the removal within thirty days after the court makes the notification. The court shall consider any objection in determining whether to remove the debt.
2. Makes reasonable attempts to collect the debt, including billing the debtor on at least four different dates.
3. Submits the debt to a collection agency licensed pursuant to title 32, chapter 9 for collection and does not order the removal of the debt for at least one year while the collection agency attempts collection.
4. Notifies the department of revenue of the debt pursuant to section 42-1122.
5. Notifies the city treasurer.
Sec. 17. Section 41-2419, Arizona Revised Statutes, is amended to read:
41-2419. Arizona deoxyribonucleic acid identification system fund
A. The Arizona deoxyribonucleic acid identification system fund is established. The Arizona deoxyribonucleic acid identification system fund consists of monies collected pursuant to section 12‑116.01 and distributed pursuant to section 41‑2401, subsection D, paragraph 6, monies collected pursuant to section 12‑116.01, subsection C and distributed pursuant to section 12‑116.01, subsection K J and monies contributed to the fund from any other source. On notice from the department of public safety, 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.
B. The department of public safety shall administer the fund.
C. Subject to legislative appropriation, monies in the fund shall be used for implementing, operating and maintaining deoxyribonucleic acid testing and for the costs of administering the system.
Sec. 18. Effective date
This act is effective from and after December 31, 2017.
