Bill Text: AZ SB1531 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Criminal justice; budget reconciliation; 2012-2013.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-05-07 - Governor Signed [SB1531 Detail]
Download: Arizona-2012-SB1531-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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CHAPTER 302
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SENATE BILL 1531 |
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AN ACT
amending sections 12-117, 13-4041, 31-284 and 31-285, Arizona Revised Statutes; repealing section 31-286, Arizona Revised Statutes; amending sections 41-191.09, 41-797, 41-1609.01, 41-1723, 41‑1724 and 41‑1772, Arizona Revised Statutes; repealing section 41-3016.30, Arizona Revised Statutes; repealing title 41, chapter 42, Arizona Revised Statutes; repealing section 5-396, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 1; repealing section 13-701, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 5; repealing section 28-1383, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 7 and chapter 341, section 11; repealing section 28-8288, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 8; repealing section 31-133, Arizona Revised Statutes; repealing section 31-201.01, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 10; repealing section 41-1610.02, Arizona Revised Statutes; repealing Laws 2011, chapter 33, sections 28, 29 and 32; repealing Laws 2009, third special session, chapter 6, section 37; making transfers; 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. Section 12-117, Arizona Revised Statutes, is amended to read:
12-117. Public defender training fund; appropriation
A. The public defender training fund is established consisting of monies allocated to the fund pursuant to section 12‑116. The supreme court shall administer the fund.
B. Each month the supreme court shall deposit in the fund the monies collected for the fund. All monies deposited in the fund are continuously appropriated to the supreme court for distribution to each county public defender and the state capital postconviction public defender office as provided in subsection C of this section.
C. The allocation of monies collected shall be made to each county public defender office and the state capital postconviction public defender office in proportion to the number of felony cases assigned to that office in the last fiscal year.
D. Monies received shall be used exclusively for the purpose of public defender training. Each public defender office receiving training fund monies shall submit to the supreme court an annual report of all financial receipts and expenditures from the training fund.
Sec. 2. Section 13-4041, Arizona Revised Statutes, is amended to read:
13-4041. Fee of counsel assigned in criminal proceeding or insanity hearing on appeal or in postconviction relief proceedings; reimbursement
A. Except pursuant to subsection G of this section, if counsel is appointed by the court to represent the defendant in either a criminal proceeding or insanity hearing on appeal, the county in which the court from which the appeal is taken presides shall pay counsel, except that in those appeals where the defendant is represented by a public defender or other publicly funded office, compensation shall not be set or paid. Compensation for services rendered on appeal shall be in an amount as the supreme court in its discretion deems reasonable, considering the services performed.
B. After the supreme court has affirmed a defendant's conviction and sentence in a capital case, the supreme court, or, if authorized by the supreme court, the presiding judge of the county from which the case originated shall appoint counsel to represent the capital defendant in the state postconviction relief proceeding. The court shall appoint counsel from the state capital postconviction public defender office unless a conflict exists or the court makes a finding that the office cannot represent the defendant.
C. Notwithstanding subsection B of this section, The supreme court shall establish and maintain a list of persons who are qualified to represent capital defendants in those cases in which the court does not appoint counsel from the state capital postconviction public defender office POSTCONVICTION PROCEEDINGS. The supreme court may establish by rule more stringent standards of competency for the appointment of postconviction counsel in capital cases than are provided by this subsection. The supreme court may refuse to certify an attorney on the list who meets the qualifications established under this subsection or may remove an attorney from the list who meets the qualifications established under this subsection if the supreme court determines that the attorney is incapable or unable to adequately represent a capital defendant. The court shall appoint counsel from the list. Counsel who are appointed from the list shall meet the following qualifications:
1. Be a member in good standing of the state bar of Arizona for at least five years immediately preceding the appointment.
2. Have practiced in the area of state criminal appeals or postconviction proceedings for at least three years immediately preceding the appointment.
3. Not previously have represented the capital defendant in the case either in the trial court or in the direct appeal, unless the defendant and counsel expressly request continued representation and waive all potential issues that are foreclosed by continued representation.
D. Before filing a petition, the capital defendant may personally appear before the trial court and waive counsel. If the trial court finds that the waiver is knowing and voluntary, appointed counsel may withdraw. The time limits in which to file a petition shall not be extended due solely to the change from appointed counsel to self‑representation.
E. If at any time the trial court determines that the capital defendant is not indigent, appointed counsel shall no longer be compensated by public monies and may withdraw.
F. Unless counsel is employed by a publicly funded office, counsel appointed to represent a capital defendant in state postconviction relief proceedings shall be paid an hourly rate of not to exceed one hundred dollars per hour for up to two hundred hours of work, whether or not a petition is filed. Monies shall not be paid to court appointed counsel unless either:
1. A petition is timely filed.
2. If a petition is not filed, a notice is timely filed stating that counsel has reviewed the record and found no meritorious claim.
G. On a showing of good cause, the trial court shall compensate appointed counsel from county funds in addition to the amount of compensation prescribed by subsection F of this section by paying an hourly rate in an amount that does not exceed one hundred dollars per hour. The attorney may establish good cause for additional fees by demonstrating that the attorney spent over two hundred hours representing the defendant in the proceedings. The court shall review and approve additional reasonable fees and costs. If the attorney believes that the court has set an unreasonably low hourly rate or if the court finds that the hours the attorney spent over the two hundred hour threshold are unreasonable, the attorney may file a special action with the Arizona supreme court. If counsel is appointed in successive postconviction relief proceedings, compensation shall be paid pursuant to section 13‑4013, subsection A.
H. The county shall request reimbursement for fees it incurs pursuant to subsections F, G and I of this section arising out of the appointment of counsel to represent an indigent capital defendant in a state postconviction relief proceeding. The state shall pay fifty per cent of the fees incurred by the county out of monies appropriated to the supreme court for these purposes. The supreme court shall approve county requests for reimbursement after certification that the amount requested is owed.
I. The trial court may authorize additional monies to pay for investigative and expert services that are reasonably necessary to adequately litigate those claims that are not precluded by section 13‑4232.
Sec. 3. 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. 4. 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. The state treasurer shall deposit any cost reductions that are identified pursuant to subsection B of this section in the transition services program fund established by section 31‑286 31-284 for the purpose of providing transitional services.
Sec. 5. Repeal
Section 31-286, Arizona Revised Statutes, is repealed.
Sec. 6. Section 41-191.09, Arizona Revised Statutes, is amended to read:
41-191.09. Attorney general legal services cost allocation fund; contributions; annual report; exemptions
A. The attorney general legal services cost allocation fund is established for the purpose of reimbursing the department of law for general agency counsel. Monies in the fund are subject to legislative appropriation. The attorney general shall administer the fund.
B. All state agency appropriated and nonappropriated funds shall contribute a pro rata share of general agency counsel services provided by the department of law. The pro rata share is payable by payroll fund source, and the resultant amount shall be deposited in the attorney general legal services cost allocation fund. The pro rata share for each fund shall be 0.675 per cent of the total payroll. For the purposes of this subsection, "total payroll" includes federal monies, state general fund monies, special revenue funds, intergovernmental revenue monies, trust funds and other payroll fund sources.
B. Except as provided in subsection E of this section, each state agency or department may be charged for general agency counsel provided by the department of law. The amount, if any, shall be specified annually in the general appropriations act.
C. On or before September 1 of each year, each state agency or department shall submit to the joint legislative budget committee for review a report identifying the funding sources for the monies to be deposited pursuant to this section. The funding sources may not include the state general fund, federal funds or other funds that are legally restricted from making such payments.
C. D. A claim for the pro rata share percentage legal services cost allocation payment shall be submitted according to the fund source, with the accompanying payroll, to the department of administration for deposit in the attorney general legal services cost allocation fund.
D. E. The following agencies are exempt from this section:
1. The department of water resources.
2. The residential utility consumer office.
3. The industrial commission.
4. The universities and the Arizona board of regents.
5. The auditor general.
6. The corporation commission.
7. The office of the governor.
8. The department of law.
9. The house of representatives.
10. The senate.
11. The joint legislative budget committee.
12. The Arizona state library, archives and public records.
13. The legislative council.
14. The department of administration risk management fund.
15. The department of transportation.
16. The Arizona game and fish department.
17. The department of economic security.
18. The Arizona health care cost containment system.
19. The superior court.
20. The court of appeals.
21. The supreme court.
22. The Arizona department of agriculture and councils that receive administrative and budgetary services from the Arizona department of agriculture.
23. All self‑supporting regulatory agencies as determined pursuant to section 35‑143.01.
24. The Arizona commerce authority.
25. The state capital postconviction public defender office.
E. F. Monies in the attorney general legal services cost allocation fund are exempt from lapsing to the state general fund at the end of each fiscal year. END_STATUTE
Sec. 7. Section 41-797, Arizona Revised Statutes, is amended to read:
41-797. Department of corrections building renewal fund
A. The department of corrections building renewal fund is established consisting of monies deposited pursuant to section 31‑230, section 41‑1604, subsection B, paragraph 3 and sections 41‑1604.02, 41‑1604.03 and 41‑1624. The director of the state department of corrections shall administer the fund. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
B. The director of the state department of corrections shall use the monies in the fund for building renewal projects that repair or rework buildings and supporting infrastructure that are under the control of the state department of corrections and that result in maintaining a building's expected useful life. Monies in the fund may not be used for new building additions, new infrastructure additions, landscaping and area beautification, demolition and removal of a building and, except as provided in subsection C of this section, routine preventive maintenance.
C. The director of the state department of corrections may use up to eight per cent of the annual expenditures from the fund for routine preventive maintenance.
Sec. 8. Section 41-1609.01, Arizona Revised Statutes, is amended to read:
41-1609.01. Adult incarceration contracts; criteria
A. On publication, any request for proposals shall be provided to the joint legislative budget committee for its review.
B. To be considered for an award of a contract, the proposer must demonstrate that it has:
1. The qualifications, operations and management experience and experienced personnel necessary to carry out the terms of the contract.
2. The ability to comply with applicable correctional standards and any specific court order, if required.
3. A demonstrated history of successful operation and management of other secure facilities.
C. The proposer of a contract for correctional services must agree that this state may cancel the contract at any time after the first year of operation, without penalty to this state, on giving ninety days' written notice.
D. A contract may provide for annual contract price or cost adjustments, except that any adjustments may be made only once each year effective on the anniversary of the effective date of the contract. If any adjustment is made pursuant to the terms of the contract, it shall be applied to the total payments made to the contractor for the previous contract year and shall not exceed the per cent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the next previous calendar year.
E. Any price or cost adjustments to a contract different than those authorized in subsection D of this section may be made only if the legislature specifically authorizes the adjustments and appropriates monies for that purpose, if required.
F. An award of a contract shall not be made unless an acceptable proposal is received pursuant to any request for proposals. For the purposes of this subsection, "acceptable proposal" means a proposal which that substantially meets all of the requirements or conditions set forth in this section and which that meets all of the requirements in the request for proposals.
G. A proposal shall not be accepted unless the proposal offers cost savings to this state. Cost savings shall be determined based upon the standard cost comparison model for privatization established by the director.
H. A proposal shall not be accepted unless the proposal offers a level and quality of services that are at least functionally equal to those that would be provided by this state.
I. Notwithstanding section 41‑2546, a contract to provide correctional services as described in this section may be for an initial period of not more than ten years.
J. The initial contract may include an option to renew for two subsequent renewal periods of not more than five years each.
K. The performance of the contractor shall be compared to the performance of this state in operating similar facilities, as provided in this section. The department shall conduct a biennial comparison of the services provided by the vendor for the purpose of comparing private versus public provision of services. The comparison of services shall be based on professional correctional standards specified by the director and incorporated into the contract and shall be used for the purpose of determining if the contractor is providing at least the same quality of services as this state at a lower cost or if the contractor is providing services superior in quality to those provided by this state at essentially the same cost. In conducting the comparison of services the director shall consider:
1. Security.
2. Inmate management and control.
3. Inmate programs and services.
4. Facility safety and sanitation.
5. Administration.
6. Food service.
7. Personnel practices and training.
8. Inmate health services.
9. Inmate discipline.
10. Other matters relating to services as determined by the director.
L. The director of the state department of corrections shall conduct a cost comparison of executed privatization contracts once every five years for each contract.
M. The director of the state department of corrections shall provide the most recent service comparison and cost comparison for contractors who exclusively contract with the department to the joint legislative budget committee for its review.
N. K. A contract for correctional services described in this section shall not be entered into unless the following requirements are met:
1. The contractor provides audited financial statements for the previous five years, or for each of the years the contractor has been in operation, if fewer than five years, and provides other financial information as requested.
2. The contractor provides an adequate plan of insurance, specifically including coverage or insurance for civil rights claims and liabilities as approved by the risk management division of the department of administration.
3. The contractor agrees to be liable for the costs of any emergency, public safety or security services provided to the contractor by the state or any political subdivision of the state and to reimburse the state or any political subdivision of the state for the cost of any such services.
O. L. The sovereign immunity of this state does not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.
P. M. A contract for correctional services shall not authorize, allow or imply a delegation of authority or responsibility to a prison contractor for any of the following:
1. Developing and implementing procedures for calculating inmate release dates.
2. Developing and implementing procedures for calculating and awarding sentence credits.
3. Approving the type of work inmates may perform and the wages or sentence credits which that may be given to inmates engaging in the work.
4. Granting, denying or revoking sentence credits, placing an inmate under less restrictive custody or more restrictive custody or taking any disciplinary actions.
Sec. 9. Section 41-1723, Arizona Revised Statutes, is amended to read:
41-1723. Public safety equipment fund; distribution
A. The public safety equipment fund is established consisting of monies deposited in the fund pursuant to sections 5‑395.01, 5‑396, 5‑397, 12‑116.04, 28‑1381, 28‑1382, 28‑1383, 28‑8284, 28‑8286, 28‑8287 and 28‑8288. The department shall administer the fund.
B. Monies deposited in the fund pursuant to sections 5‑395.01, 5‑396, 5‑397, 28‑1381, 28‑1382, 28‑1383, 28‑8284, 28‑8286, 28‑8287 and 28‑8288 shall be distributed as follows:
1. The first one million two hundred thousand dollars received each fiscal year as a continuing appropriation to the department for vehicles, protective armor, electronic stun devices and other safety equipment. Monies appropriated pursuant to this paragraph are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
2. All other monies each fiscal year shall be deposited in the state general fund.
C. Monies deposited in the fund pursuant to section 12‑116.04 are subject to legislative appropriation and shall be used by the department for vehicles, protective armor, electronic stun devices and other safety equipment.
Sec. 10. Section 41-1724, Arizona Revised Statutes, is amended to read:
41-1724. Gang and immigration intelligence team enforcement mission fund; subaccount; use of monies; reporting requirement
A. The gang and immigration intelligence team enforcement mission fund is established consisting of monies deposited pursuant to section 11‑1051 and monies appropriated by the legislature. The department shall administer the fund. Any monies distributed from the fund to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors. Monies in the fund are subject to legislative appropriation.
B. Monies in the fund shall be used for employer sanctions enforcement, enforcing human smuggling and drug smuggling laws, gang and strict immigration enforcement, county jail reimbursement costs relating to illegal immigration and any other use previously authorized in an allocation made by law for the gang and immigration intelligence team enforcement mission.
C. Each year that monies are available in the fund the first one million six hundred thousand dollars shall be allocated to a county sheriff of a county with a population of more than three million persons, then five hundred thousand dollars shall be allocated to a county sheriff of a county with a population of less than five hundred thousand persons but more than three hundred thousand persons and any remaining monies shall be used for agreements or contracts in accordance with subsection D of this section.
D. If the department uses monies from the fund for an agreement or contract with a city, town, county or other entity to provide services for the gang and immigration intelligence team enforcement mission, the city, town, county or other entity shall provide not less than twenty-five per cent of the cost of the services and the department shall provide not more than seventy-five per cent of personal services and employee related expenditures for each agreement or contract but may fund all capital related equipment. This subsection does not apply to a county with a population of more than three million persons or a county with a population of less than five hundred thousand persons but more than three hundred thousand persons.
E. The gang and immigration intelligence team enforcement mission border security and law enforcement subaccount is established consisting of monies deposited pursuant to section 12‑116.04 and monies appropriated by the legislature. The department shall administer the fund subaccount. Any monies distributed from the fund subaccount to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors. Monies in the subaccount are subject to legislative appropriation. All appropriated monies in the subaccount shall be distributed each fiscal year to local entities and no monies may be retained by the department for its own use. The monies in the subaccount shall be used for law enforcement purposes related to border security, including border personnel.
F. A law enforcement agency shall not receive any monies from the fund unless the law enforcement agency certifies each fiscal year in writing to the director of the department of public safety that the law enforcement agency is complying with section 11‑1051 to the fullest extent allowed by law.
G. The department shall submit an expenditure plan to the joint legislative budget committee for review before expending any monies not identified in the department's previous expenditure plans. Within thirty days after the last day of each calendar quarter, the department shall provide a summary of quarterly and year-to-date expenditures and progress to the joint legislative budget committee, including any prior year appropriations that were nonlapsing.
Sec. 11. Section 41-1772, Arizona Revised Statutes, is amended to read:
41-1772. Crime laboratory operations fund
A. The crime laboratory operations fund is established consisting of surcharge monies deposited pursuant to section 28‑3396 and monies deposited pursuant to section 41‑2401, subsection D, paragraph 11. The department shall administer the fund.
B. Subject to legislative appropriation, monies in the fund shall be used for crime laboratory or other department operations.
Sec. 12. Repeal
Section 41-3016.30, Arizona Revised Statutes, is repealed.
Sec. 13. Repeal
Title 41, chapter 42, Arizona Revised Statutes, is repealed.
Sec. 14. Repeal
A. Section 5-396, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 1, is repealed.
B. Section 13-701, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 5, is repealed.
C. Section 28-1383, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 7 and chapter 341, section 11, is repealed.
D. Section 28-8288, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 8, is repealed.
E. Section 31-133, Arizona Revised Statutes, is repealed.
F. Section 31-201.01, Arizona Revised Statutes, as amended by Laws 2011, chapter 33, section 10, is repealed.
G. Section 41-1610.02, Arizona Revised Statutes, is repealed.
H. Laws 2011, chapter 33, sections 28, 29 and 32 are repealed.
Sec. 15. Repeal
Laws 2009, third special session, chapter 6, section 37 is repealed.
Sec. 16. State department of corrections; budget structure
Notwithstanding any other law, the state department of corrections shall report actual fiscal year 2011-2012, estimated fiscal year 2012-2013 and requested fiscal year 2013-2014 expenditures in the same structure and detail as the prior fiscal year when the department submits the fiscal year 2013-2014 budget request 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. 17. State department of corrections; use of funds; permission
Notwithstanding any other law, the state department of corrections is permitted to use monies from either of the following funds for department operating expenses in fiscal year 2012-2013:
1. The transition program fund established by section 31-284, Arizona Revised Statutes.
2. The state department of corrections interagency service agreement fund.
Sec. 18. Board of executive clemency; employment compensation
Notwithstanding any other law, in fiscal year 2012-2013, the members of the board of executive clemency, excluding the chairman, shall be compensated on an hourly basis and shall not be eligible for paid leave or any benefits provided to state employees pursuant to section 38-651, Arizona Revised Statutes.
Sec. 19. Department of public safety; highway funds; limitation
Notwithstanding sections 28-6537 and 28-6993, Arizona Revised Statutes, the statutory caps and transfers of highway user revenue fund monies and state highway fund monies available to fund department of public safety highway patrol costs are suspended for fiscal year 2012-2013.
Sec. 20. Suspension of reporting requirements
Notwithstanding any other law, the reporting requirements contained in the following sections are suspended for fiscal year 2012-2013:
1. Section 8-358, subsection B, Arizona Revised Statutes, relating to the annual juvenile intensive probation report.
2. Section 12-299.03, subsection A, paragraph 8, Arizona Revised Statutes, relating to the evaluation of the community punishment program.
3. Section 12-2456, Arizona Revised Statutes, relating to a report of information regarding the emancipation of minors.
4. Section 13-901.02, subsection D, Arizona Revised Statutes, relating to the annual drug treatment and education fund report card.
5. Section 25-323.01, subsection B, Arizona Revised Statutes, relating to the annual child support committee report.
6. Section 25-323.02, subsection C, Arizona Revised Statutes, relating to the annual domestic relations committee report.
Sec. 21. Nonsupplanting; suspension
Notwithstanding any other law, in fiscal year 2012-2013 the provisions relating to supplanting of state monies contained in section 12-102.02, subsection E, section 12-102.03, subsection D, section 12-135, subsection D, section 12-135.01, subsection D, section 12-267, subsection D, section 12‑268, subsection D and section 12-299.01, subsection C, Arizona Revised Statutes, are suspended. The Arizona supreme court shall submit a report to the joint legislative budget committee identifying any decrease in county funding related to these suspended provisions, including the reasons for the decrease.
Sec. 22. Arizona supreme court; county reimbursement
Notwithstanding section 13-4041, subsection H and section 21-428, subsection B, Arizona Revised Statutes, the Arizona supreme court shall not reimburse the counties more than the amount appropriated for that purpose in the fiscal year 2012-2013 general appropriations act.
Sec. 23. Collection enforcement revolving fund; disposition of monies
Notwithstanding section 41-191.03, subsection E, Arizona Revised Statutes, any monies remaining in the collection enforcement revolving fund at the end of fiscal year 2012-2013 in excess of five hundred thousand dollars shall be distributed on a pro rata basis to the funds receiving monies pursuant to section 41-191.03, subsection D, Arizona Revised Statutes. Such distribution shall be based on the percentage that the collections deposited in each fund bear to the total amount deposited into the funds during fiscal year 2012-2013.
Sec. 24. Capital postconviction public defender office fund; transfer
From and after June 30, 2012, any monies remaining in the capital postconviction public defender office fund established by section 41-4303, Arizona Revised Statutes, shall be transferred to the state general fund.
Sec. 25. Photo enforcement fund; transfer
A. From and after June 30, 2012, any monies remaining in the photo enforcement fund established by section 41-1722, subsection B, Arizona Revised Statutes, shall be transferred to the state general fund.
B. From and after June 30, 2012, any monies collected from the state photo enforcement system established by section 41-1722, Arizona Revised Statutes, shall be deposited in the state general fund.
Sec. 26. Transition services fund; transfer
On the effective date of this act, any monies remaining in the transition services fund established by section 31-286, Arizona Revised Statutes, as repealed by this act, shall be transferred to the transition program fund established by section 31-284, Arizona Revised Statutes, as amended by this act.
Sec. 27. Incarceration contracts; implementation; fiscal years 2013-2014 and 2014-2015
A. Not later than September 1, 2012, the state department of corrections shall award a contract or contracts to open up to five hundred beds on January 1, 2014 and up to five hundred additional beds on January 1, 2015 pursuant to the state department of corrections' February 2, 2012 request for proposals for up to two thousand male medium security prison beds at new or existing private prisons or at expansions of private prisons in this state that was issued under the authority of section 41-1609, Arizona Revised Statutes.
B. The state department of corrections may award a contract or contracts for the remaining male medium security prison beds under the request for proposals described in subsection A of this section only if specific legislative authorization for the award is provided.
Sec. 28. Retroactivity
Section 14 of this act is effective retroactively to from and after June 30, 2012.
APPROVED BY THE GOVERNOR MAY 7, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 8, 2012.
