Chapter 0187 - 471R - H Ver of SB1047

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 5-395.01, Arizona Revised Statutes, is amended to read:

START_STATUTE5-395.01. Operating or in actual physical control of a motorized watercraft while intoxicated; classification; penalties

A. A person who is convicted of a violation of section 5‑395 is guilty of a class 1 misdemeanor. The person shall pay a fine of not less than two hundred fifty dollars. In addition to any other penalties under this section, the judge shall order the person to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility. The judge may review an education or treatment determination at the request of the state or the defendant or on the judge's initiative. The person shall pay the costs of the screening, education or treatment unless the court waives part or all of the costs.

B. Except as provided in section 5‑398.01, the court may suspend any imposed sentence for a first violation of section 5‑395 if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

C. A court may order a person sentenced pursuant to this section to perform community service restitution.

D. Notwithstanding subsection B of this section, if within a period of sixty months a person is convicted of a second violation of section 5‑395 or is convicted of a violation of section 5‑395 and has previously been convicted of an act in another state that if committed in this state would be a violation of section 5‑395, the person shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and the person is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served, except that the judge may suspend at the time of sentencing all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served. The judge shall order the person to pay a fine of not less than five hundred dollars.

E. The dates of the commission of the offense are the determining factor in applying the sixty month provision of subsection D of this section, irrespective of the sequence in which the offenses were committed. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

F. If a person is referred to a screening or treatment facility, that facility shall report to the court whether the person has successfully completed the screening, education or treatment program.

G. Any political subdivision processing or utilizing the services of a person ordered to perform community service restitution pursuant to this section does not incur any civil liability to the person ordered to perform community service restitution as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.

H. After a person who is sentenced pursuant to subsection B of this section has served twenty‑four consecutive hours in jail or after a person who is sentenced pursuant to subsection D of this section has served forty‑eight consecutive hours in jail and after receiving confirmation that the person is employed or is a student, the court, on pronouncement of any jail sentence under this section, may provide in the sentence that the person may be permitted, if the person is employed or is a student and can continue the person's employment or studies, to continue such employment or studies for not more than twelve hours per day nor more than five days per week, and the remaining day, days or parts of days shall be spent in jail until the sentence is served. The person shall be allowed out of jail only long enough to complete the actual hours of employment or studies and no longer.

I. A person who is sentenced pursuant to this section is eligible for a home detention program pursuant to the provisions of section 9‑499.07, subsections M through R or section 11‑459, subsections L through Q.

J. The court shall allow the allegation of a prior conviction or other pending charge of a violation of section 5‑395 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or other pending charge of a violation of section 5‑395 filed any time before the date the case is actually tried, provided that when the allegation is filed this state must make available to the defendant a copy of any information obtained concerning the prior conviction or other pending charge. Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the sixty month provision.

K. If a person is placed on probation for violating section 5‑395, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.

L. Persons who are convicted pursuant to section 5‑395 shall pay an additional assessment of five hundred dollars or for, if the person is convicted of a second violation pursuant to subsection D of this section, shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. These assessments are not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. END_STATUTE

Sec. 2. Section 5-397, Arizona Revised Statutes, is amended to read:

START_STATUTE5-397. Operating or in actual physical control of a motorized watercraft while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification; definition

A. It is unlawful for a person to operate or be in actual physical control of a motorized watercraft that is underway within this state if the person has an alcohol concentration of 0.15 or more within two hours of operating or being in actual physical control of the motorized watercraft and the alcohol concentration results from alcohol consumed either before or while operating or being in actual physical control of the motorized watercraft.

B. A person who is convicted of a violation of this section is guilty of operating or being in actual physical control of a motorized watercraft while under the extreme influence of alcohol.

C. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.

D. A person who is convicted of a violation of this section:

1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two hundred fifty dollars.

3. May be ordered by a court to perform community service restitution.

4. Shall pay an additional assessment of one thousand dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

E. Notwithstanding subsection D, paragraph 1 of this section, at the time of sentencing the judge may suspend all but ten days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

F. If within a period of sixty months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 5‑395 or 5‑396 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 5‑395 or 5‑396, the person:

1. Shall be sentenced to serve not less than one hundred twenty days in jail, sixty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.

2. Shall pay a fine of not less than five hundred dollars.

3. May be ordered by a court to perform community service restitution.

4. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

G. Notwithstanding subsection F, paragraph 1 of this section, at the time of sentencing, the judge may suspend all but sixty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.

H. In applying the sixty month provision of subsection F of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.

I. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

J. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.

K. For the purposes of this section, "alcohol concentration" means grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath. END_STATUTE

Sec. 3. Section 8-234, Arizona Revised Statutes, is amended to read:

START_STATUTE8-234. Treatment, community restitution, restraining and protective orders

A. A parent or legal guardian of a person who is under eighteen years of age shall exercise reasonable care, supervision, protection and control over the parent's or legal guardian's minor child.

B. On petition of a party or on the court's own motion, the court may make an order directing, restraining or otherwise controlling the conduct of a person if:

1. An order or disposition of a delinquent, dependent or incorrigible child has been or is about to be made in a proceeding under this chapter.

2. The court finds that such conduct is or may be detrimental or harmful to the child, will tend to defeat the execution of an order or disposition made or to be made or will assist in or is necessary for the rehabilitation of the child.

3. Notice of the petition or motion and the grounds therefor for the petition or motion and an opportunity to be heard thereon on the petition or motion have been given to the person against whom the order is directed.

C. The court may invoke its contempt powers pursuant to section 8‑247 to enforce any treatment, counseling, education or other restraining or protective order that applies to:

1. The child, the parents or guardian of the child or any other party before the court who is the subject of an order to participate in a counseling, treatment or education program or any other restraining or protective order.

2. The legal custodians or agencies, including agency personnel, that are ordered to provide treatment or services to the child, the child's family or any party named in the dispositional order.

D. The court may order a parent or guardian to pay the cost of any counseling, treatment or education program ordered pursuant to subsection F of this section.

E. If the court after notice and hearing finds that a person has failed to exercise reasonable care, supervision, protection and control of a minor pursuant to subsection A of this section or if the court holds a person in contempt for violating an order issued pursuant to this section, the court may immediately take one or more of the following actions:

1. Impose a fine of not more than one thousand dollars, plus any applicable surcharges and assessments.

2. Impose a term of incarceration in jail for a period of not more than thirty days.

3. Order the parents or guardian of the child to perform community service restitution with their the child.

F. If the court finds that the best interests of the child would be served thereby by participation in a diversion program, in lieu of taking any action pursuant to subsection C of this section, the court may order the parent or guardian of a child to participate in a diversion program, approved by the supreme court, which that requires the parent or guardian to perform community service restitution or to attend and successfully complete a program of counseling, treatment or education. If the terms and conditions of the diversion order are successfully completed, the court shall dismiss its finding against the parents. If the court finds that the terms and conditions of the diversion order were not successfully completed it may take one or more of the actions specified in subsection B of this section.

G. Before a hearing that may result in incarceration for a person who is alleged to have violated a court order under this section, the court shall advise the person that the person has the right to be represented by counsel and that the court may appoint counsel if the court finds that the person is indigent. END_STATUTE

Sec. 4. Section 8-321, Arizona Revised Statutes, is amended to read:

START_STATUTE8-321. Referrals; diversions; conditions; community based alternative programs; definition

A. Except as provided in subsection B of this section, before a petition is filed or an admission or adjudication hearing is held, the county attorney may divert the prosecution of a juvenile who is accused of committing a delinquent act or a child who is accused of committing an incorrigible act to a community based alternative program or to a diversion program administered by the juvenile court.

B. A juvenile who is a chronic felony offender as defined in section 13‑501, who is a violent felony offender or who is alleged to have committed a violation of section 28‑1381, 28‑1382 or 28‑1383 is not eligible for diversion.

C. Except as provided in section 8‑323, the county attorney has sole discretion to decide whether to divert or defer prosecution of a juvenile offender. The county attorney may designate the offenses that shall be retained by the juvenile court for diversion or that shall be referred directly to a community based alternative program.

D. The county attorney or the juvenile court in cooperation with the county attorney may establish community based alternative programs.

E. Except for offenses that the county attorney designates as eligible for diversion or referral to a community based alternative program, upon on receipt of a referral alleging the commission of an offense, the juvenile probation officer shall submit the referral to the county attorney to determine if a petition should be filed.

F. If the county attorney diverts the prosecution of a juvenile to the juvenile court, the juvenile probation officer shall conduct a personal interview with the alleged juvenile offender. At least one of the juvenile's parents or guardians shall attend the interview. The probation officer may waive the requirement for the attendance of the parent or guardian for good cause. If the juvenile acknowledges responsibility for the delinquent or incorrigible act, the juvenile probation officer shall require that the juvenile comply with one or more of the following conditions:

1. Participation in unpaid community service restitution work.

2. Participation in a counseling program that is approved by the court, which and that is designed to strengthen family relationships and to prevent repetitive juvenile delinquency.

3. Participation in an education program that is approved by the court, which and that has as its goal the prevention of further delinquent behavior.

4. Participation in an education program that is approved by the court, which and that is designed to deal with ancillary problems experienced by the juvenile, such as alcohol or drug abuse.

5. Participation in a nonresidential program of rehabilitation or supervision that is offered by the court or offered by a community youth serving agency and approved by the court.

6. Payment of restitution to the victim of the delinquent act.

7. Payment of a monetary assessment.

G. If the juvenile successfully complies with the conditions set forth by the probation officer, the county attorney shall not file a petition in juvenile court and the program's resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment.

H. In order to participate in a community based alternative program the juvenile who is referred to a program shall admit responsibility for the essential elements of the accusation and shall cooperate with the program in all of its proceedings.

I. All of the following apply to each community based alternative program that is established pursuant to this section:

1. The juvenile's participation is voluntary.

2. The victim's participation is voluntary.

3. The community based alternative program shall ensure that the victim, the juvenile's parent or guardian and any other persons who are directly affected by an offense have the right to participate.

4. The participants shall agree to the consequences imposed on the juvenile or the juvenile's parent or guardian.

5. The meetings and records shall be open to the public.

J. After holding a meeting the participants in the community based alternative program may agree on any legally reasonable consequences that the participants determine are necessary to fully and fairly resolve the matter except confinement.

K. The participants shall determine consequences within thirty days after referral to the community based alternative program, and the juvenile shall complete the consequences within ninety days after the matter is referred to the community based alternative program. The county attorney or the juvenile probation officer may extend the time in which to complete the consequences for good cause. If the community based alternative program involves a school, the deadlines for determination and completion of consequences shall be thirty and ninety school days, respectively.

L. The community based alternative program, the juvenile, the juvenile's parent or guardian and the victim may sign a written contract in which the parties agree to the program's resolution of the matter and in which the juvenile's parent or guardian agrees to ensure that the juvenile complies with the contract. The contract may provide that the parent or guardian shall post a bond payable to this state to secure the performance of any consequence imposed on the juvenile pursuant to subsection J of this section.

M. If the juvenile successfully completes the consequences, the county attorney shall not file a petition in juvenile court and the program's resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment.

N. The county attorney or juvenile court shall assess the parent of a juvenile who is diverted pursuant to subsection A of this section a fee of fifty dollars unless, after determining the inability of the parent to pay the fee, the county attorney or juvenile court assesses a lesser amount. All monies assessed pursuant to this subsection shall be used for the administration and support of community based alternative programs or juvenile court diversion programs. Any amount greater than forty dollars of the fee assessed pursuant to this subsection shall only be used to supplement monies currently used for the salaries of juvenile probation and surveillance officers and for support of programs and services of the superior court juvenile probation departments. The clerk of the superior court shall pay all monies collected from this assessment to the county treasurer for deposit in the juvenile probation fund, to be utilized as provided in section 12‑268, and the county attorney shall pay all monies collected from this assessment into the county attorney juvenile diversion fund established by section 11‑537.

O. The supreme court shall annually establish an average cost per juvenile for providing diversion services in each county, based upon on the monies appropriated for diversion pursuant to section 8‑322, excluding the cost of juvenile intake services provided by the juvenile court, and the number of juveniles diverted the previous year. Upon on the county attorney's certification to the supreme court of the number of juveniles diverted to a county attorney community based alternative program each quarter, the annual average cost per juvenile for each juvenile diverted shall be reimbursed to the county attorney juvenile diversion fund established by section 11‑537 out of monies appropriated to the supreme court for diversion programs.

P. If the juvenile does not acknowledge responsibility for the offense, or fails to comply with the consequences set by the community based alternative program, the case shall be submitted to the county attorney for review.

Q. After reviewing a referral, if the county attorney declines prosecution, the county attorney may return the case to the juvenile probation department for further action as provided in subsection F of this section.

R. For the purposes of this section, "violent" means an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person and includes an offense listed in section 13‑501. END_STATUTE

Sec. 5. Section 8-323, Arizona Revised Statutes, is amended to read:

START_STATUTE8-323. Juvenile hearing officer; appointment; term; compensation; hearings; required attendance; contempt

A. The judge of the juvenile court, or in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court, may appoint one or more persons of suitable experience who may be magistrates or justices of the peace to serve as juvenile hearing officers on a full‑time or part‑time basis. The county board of supervisors shall approve the appointment of justices of the peace as juvenile hearing officers. The local governing body shall approve the appointment of municipal judges as juvenile hearing officers. The juvenile hearing officer serves at the pleasure of the appointing judge. The appointing judge, with the approval of the board of supervisors, shall determine whether any compensation shall be paid to a juvenile hearing officer who is not otherwise employed by a public agency or holding another public office and shall establish the amounts and rates of the compensation.

B. Subject to the orders of the juvenile court a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate and dispose of all cases that are not classified as felonies and in which a juvenile who is under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following:

1. Any provision of title 28 not declared to be a felony.

2. The purchase, possession or consumption of spirituous liquor by a juvenile.

3. Boating or game and fish.

4. Curfew.

5. Truancy.

6. The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti.

7. The purchase or possession of tobacco.

8. Any city, town or political subdivision ordinance.

9. Interference with judicial proceedings involving disobeying or resisting the lawful order, process or other mandate of a juvenile hearing officer or failure to appear related to any offense in this section.

C. A hearing before the juvenile hearing officer or a hearing before a commissioner or a judge of the juvenile court in which the juvenile is charged with any offense set forth in this section may be conducted upon on an exact legible copy of a written notice to appear, including a uniform Arizona traffic ticket and complaint form, that states, at a minimum, the name and address of the juvenile, the offense charged and the time and place the juvenile shall appear in court.

D. The juvenile hearing officer, commissioner or judge of the superior court shall not dispose of a petition or citation for any offense under this section unless the parent, guardian or custodian of the juvenile appears in court with the juvenile at the time of disposition of the charge. Upon On a showing of good cause that the parent, guardian or custodian cannot appear on the date and time set by the court, the court may waive the requirement that the parent, guardian or custodian appear. The court shall state on the record the reasons for waiving the requirement that the parent, guardian or custodian appear. At the time the court issues an order to appear or other order pursuant to this section, the court shall inform the juvenile that failure to appear or failure to comply with an order will result in suspension of the juvenile's driver license or privilege to drive. If the juvenile fails to appear pursuant to a citation or an order to appear properly issued under this section or if on disposition fails to comply with any court order, the juvenile hearing officer shall order the department of transportation to suspend the juvenile's driver license or privilege to drive or shall direct the department of transportation to refuse to issue, renew or restore the juvenile's driver license or privilege to drive until the juvenile reaches eighteen years of age or appears in court as directed or complies with the court's order.

E. If a parent, guardian or custodian fails to appear with the juvenile, and good cause for the failure to appear is not found as provided in subsection D of this section, the court shall issue an order to show cause to the parent, guardian or custodian as to why that person shall not be held in contempt.

F. Except as otherwise provided by law, upon on an admission by the juvenile of a violation charged pursuant to this section, or after a hearing, upon on the finding that the juvenile committed the violation, the juvenile hearing officer, commissioner or judge of the superior court may do one or more of the following:

1. Place the juvenile on probation, except that a city magistrate or justice of the peace may only place the juvenile on unsupervised probation.

2. Transfer the citation to the juvenile court for all further proceedings.

3. Suspend the driving privileges of the juvenile, or restrict the juvenile’s driving privileges for a period of not to exceed one hundred eighty days.

4. Order the juvenile to attend a traffic school or a counseling or education program approved by the presiding judge of the juvenile court or the supreme court.

5. Order the juvenile to pay the monetary assessment or penalty that is applicable to the offense. The monetary assessment or penalty shall not exceed five hundred dollars plus lawful surcharges and assessments payable to the public agency processing the violation. If no monetary assessment or penalty is specified for the offense, the juvenile hearing officer, commissioner or judge of the superior court may order the juvenile to pay not more than one hundred fifty dollars plus lawful surcharges and assessments payable to the public agency processing the violation.

6. In lieu of or in addition to a monetary assessment or penalty, order the juvenile to perform a program of work, which that does not conflict with the juvenile's regular schooling and employment, to repair the victim's property or to provide community service restitution.

7. If the juvenile hearing officer, commissioner or judge of the superior court determines that the person charged is eighteen or more years of age, transfer the matter to the appropriate criminal court having jurisdiction.

8. If the juvenile violated any truancy laws, require the juvenile and the juvenile's parents or guardians to participate in a specialized program consisting of counseling, supervision and education under the terms and conditions the juvenile hearing officer, commissioner or judge of the superior court orders.

9. Order the juvenile and one or both of the juvenile's custodial parents to pay restitution to any person who suffered an economic loss as the result of the juvenile's conduct. The juvenile hearing officer, commissioner or judge of the superior court shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order. If the juvenile hearing officer, commissioner or judge of the superior court orders one or both of the juvenile's custodial parents to pay restitution, the amount of the order shall not exceed the liability limit established pursuant to section 12‑661.

10. Impose sanctions authorized by section 8‑343.

11. Reprimand the juvenile and take no further action.

G. A record of the proceedings before a juvenile hearing officer may be made by a court reporter, videotape or audiotape or any other method approved by the supreme court that accurately reproduces what occurred at the proceeding.

H. Within five days after receiving the citation, the juvenile hearing officer shall notify the juvenile court that the juvenile has been charged with an offense by citation and shall indicate the listed charges. The juvenile hearing officer shall retain jurisdiction of the case until all orders made under this section have been fully complied with. Within five days after disposition, the juvenile hearing officer shall transmit a copy of the citation with the findings and disposition of the court noted on the copy to the juvenile court for record keeping purposes. If appropriate, the juvenile hearing officer shall transmit a copy of the citation to the department of transportation. If on disposition the juvenile fails to comply with any court order, the juvenile hearing officer, in the manner provided by subsection D of this section, may impose any of the sanctions prescribed in subsection F of this section.

I. Subject to an appeal pursuant to section 8‑325 all orders of the juvenile hearing officer shall be effective immediately.

J. A city or town attorney or prosecutor shall act on behalf of the state in matters that are heard in a municipal court by a juvenile hearing officer pursuant to this section. In these matters and on approval of the presiding judge of the juvenile court and the county attorney, the city or town attorney or the prosecutor may establish diversion programs for offenses other than offenses involving a violation of section 28‑1381, 28‑1382 or 28‑1383.END_STATUTE

Sec. 6. Section 8-341, Arizona Revised Statutes, is amended to read:

START_STATUTE8-341. Disposition and commitment; definitions

A. After receiving and considering the evidence on the proper disposition of the case, the court may enter judgment as follows:

1. It may award a delinquent juvenile:

(a) To the care of the juvenile's parents, subject to supervision of a probation department.

(b) To a probation department, subject to any conditions as the court may impose, including a period of incarceration in a juvenile detention center of not more than one year.

(d) To a private agency or institution, subject to the supervision of a probation officer.

(e) To the department of juvenile corrections.

(f) To maternal or paternal relatives, subject to the supervision of a probation department.

(g) To an appropriate official of a foreign country of which the juvenile is a foreign national who is unaccompanied by a parent or guardian in this state to remain on unsupervised probation for at least one year on the condition that the juvenile cooperate with that official.

2. It may award an incorrigible child:

(a) To the care of the child's parents, subject to the supervision of a probation department.

(b) To the protective supervision of a probation department, subject to any conditions as the court may impose.

(d) To a public or private agency, subject to the supervision of a probation department.

(e) To maternal or paternal relatives, subject to the supervision of a probation department.

B. If a juvenile is placed on probation pursuant to this section, the period of probation may continue until the juvenile's eighteenth birthday, except that the term of probation shall not exceed one year if all of the following apply:

1. The juvenile is not charged with a subsequent offense.

2. The juvenile has not been found in violation of a condition of probation.

3. The court has not made a determination that it is in the best interests of the juvenile or the public to require continued supervision. The court shall state by minute entry or written order its reasons for finding that continued supervision is required.

4. The offense for which the juvenile is placed on probation does not involve the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another.

5. The offense for which the juvenile is placed on probation does not involve a violation of title 13, chapter 14 or 35.1.

6. Restitution ordered pursuant to section 8‑344 has been made.

C. If a juvenile is adjudicated as a first time felony juvenile offender, the court shall provide the following written notice to the juvenile:

You have been adjudicated a first time felony juvenile offender. You are now on notice that if you are adjudicated of another offense that would be a felony offense if committed by an adult and if you commit the other offense when you are fourteen years of age or older, you will be placed on juvenile intensive probation, which may include home arrest and electronic monitoring, or you may be placed on juvenile intensive probation and may be incarcerated for a period of time in a juvenile detention center, or you may be committed to the department of juvenile corrections or you may be prosecuted as an adult. If you are convicted as an adult of a felony offense and you commit any other offense, you will be prosecuted as an adult.

D. If a juvenile is fourteen years of age or older and is adjudicated as a repeat felony juvenile offender, the juvenile court shall place the juvenile on juvenile intensive probation, which may include home arrest and electronic monitoring, may place the juvenile on juvenile intensive probation, which may include incarceration for a period of time in a juvenile detention center, or may commit the juvenile to the department of juvenile corrections pursuant to subsection A, paragraph 1, subdivision (e) of this section for a significant period of time.

E. If the juvenile is adjudicated as a repeat felony juvenile offender, the court shall provide the following written notice to the juvenile:

You have been adjudicated a repeat felony juvenile offender. You are now on notice that if you are arrested for another offense that would be a felony offense if committed by an adult and if you commit the other offense when you are fifteen years of age or older, you will be tried as an adult in the criminal division of the superior court. If you commit the other offense when you are fourteen years of age or older, you may be tried as an adult in the criminal division of the superior court. If you are convicted as an adult, you will be sentenced to a term of incarceration. If you are convicted as an adult of a felony offense and you commit any other offense, you will be prosecuted as an adult.

F. The failure or inability of the court to provide the notice notices required under subsections C and E of this section does not preclude the use of the prior adjudications for any purpose otherwise permitted.

G. After considering the nature of the offense and the age, physical and mental condition and earning capacity of the juvenile, the court shall order the juvenile to pay a reasonable monetary assessment if the court determines that an assessment is in aid of rehabilitation. If the director of the department of juvenile corrections determines that enforcement of an order for monetary assessment as a term and condition of conditional liberty is not cost‑effective, the director may require the youth to perform an equivalent amount of community service restitution in lieu of the payment ordered as a condition of conditional liberty.

H. If a child is adjudicated incorrigible, the court may impose a monetary assessment on the child of not more than one hundred fifty dollars.

I. A juvenile who is charged with unlawful purchase, possession or consumption of spirituous liquor is subject to section 8‑323. The monetary assessment for a conviction of unlawful purchase, possession or consumption of spirituous liquor by a juvenile shall not exceed five hundred dollars. The court of competent jurisdiction may order a monetary assessment or equivalent community service restitution.

J. The court shall require the monetary assessment imposed under subsection G or H of this section on a juvenile who is not committed to the department of juvenile corrections to be satisfied in one or both of the following forms:

1. Monetary reimbursement by the juvenile in a lump sum or installment payments through the clerk of the superior court for appropriate distribution.

2. A program of work, not in conflict with regular schooling, to repair damage to the victim's property, to provide community service restitution or to provide the juvenile with a job for wages. The court order for restitution or monetary assessment shall specify, according to the dispositional program, the amount of reimbursement and the portion of wages of either existing or provided work that is to be credited toward satisfaction of the restitution or assessment, or the nature of the work to be performed and the number of hours to be spent working. The number of hours to be spent working shall be set by the court based on the severity of the offense but shall not be less than sixteen hours.

K. If a juvenile is committed to the department of juvenile corrections the court shall specify the amount of the assessment imposed pursuant to subsection G or H of this section.

L. After considering the length of stay guidelines developed pursuant to section 41‑2816, subsection C, the court may set forth in the order of commitment the minimum period during which the juvenile shall remain in secure care while in the custody of the department of juvenile corrections. When the court awards a juvenile to the department of juvenile corrections or an institution or agency, it shall transmit with the order of commitment copies of a diagnostic psychological evaluation and educational assessment if one has been administered, copies of the case report, all other psychological and medical reports, restitution orders, any request for postadjudication notice that has been submitted by a victim and any other documents or records pertaining to the case requested by the department of juvenile corrections or an institution or agency. The department shall not release a juvenile from secure care before the juvenile completes the length of stay determined by the court in the commitment order unless the county attorney in the county from which the juvenile was committed requests the committing court to reduce the length of stay. The department may release the juvenile from secure care without a further court order after the juvenile completes the length of stay determined by the court or may retain the juvenile in secure care for any period subsequent to the completion of the length of stay in accordance with the law.

M. Written notice of the release of any juvenile pursuant to subsection L of this section shall be made to any victim requesting notice, the juvenile court that committed the juvenile and the county attorney of the county from which the juvenile was committed.

N. Notwithstanding any law to the contrary, if a person is under the supervision of the court as an adjudicated delinquent juvenile at the time the person reaches eighteen years of age, treatment services may be provided until the person reaches twenty‑one years of age if the court, the person and the state agree to the provision of the treatment and a motion to transfer the person pursuant to section 8‑327 has not been filed or has been withdrawn. The court may terminate the provision of treatment services after the person reaches eighteen years of age if the court determines that any of the following apply applies:

1. The person is not progressing toward treatment goals.

2. The person terminates treatment.

3. The person commits a new offense after reaching eighteen years of age.

4. Continued treatment is not required or is not in the best interests of the state or the person.

O. On the request of a victim of an act that may have involved significant exposure as defined in section 13‑1415 or that if committed by an adult would be a sexual offense, the prosecuting attorney shall petition the adjudicating court to require that the juvenile be tested for the presence of the human immunodeficiency virus. If the victim is a minor the prosecuting attorney shall file this petition at the request of the victim's parent or guardian. If the act committed against a victim is an act that if committed by an adult would be a sexual offense or the court determines that sufficient evidence exists to indicate that significant exposure occurred, it shall order the department of juvenile corrections or the department of health services to test the juvenile pursuant to section 13‑1415. Notwithstanding any law to the contrary, the department of juvenile corrections and the department of health services shall release the test results only to the victim, the delinquent juvenile, the delinquent juvenile's parent or guardian and a minor victim's parent or guardian and shall counsel them regarding the meaning and health implications of the results.

P. If a juvenile has been adjudicated delinquent for an offense that if committed by an adult would be a felony, the court shall provide the department of public safety Arizona automated fingerprint identification system established in section 41‑2411 with the juvenile's fingerprints, personal identification data and other pertinent information. If a juvenile has been committed to the department of juvenile corrections the department shall provide the fingerprints and information required by this subsection to the Arizona automated fingerprint identification system. If the juvenile's fingerprints and information have been previously submitted to the Arizona automated fingerprint identification system the information is not required to be resubmitted.

Q. Access to fingerprint records submitted pursuant to subsection P of this section shall be limited to the administration of criminal justice as defined in section 41‑1750. Dissemination of fingerprint information shall be limited to the name of the juvenile, juvenile case number, date of adjudication and court of adjudication.

R. For the purposes of this section:

1. "First time felony juvenile offender" means a juvenile who is adjudicated delinquent for an offense that would be a felony offense if committed by an adult.

2. "Repeat felony juvenile offender" means a juvenile to whom both of the following apply:

(a) Is adjudicated delinquent for an offense that would be a felony offense if committed by an adult.

(b) Previously has been adjudicated a first time felony juvenile offender.

3. "Sexual offense" means oral sexual contact, sexual contact or sexual intercourse as defined in section 13‑1401.END_STATUTE

Sec. 7. Section 8-343, Arizona Revised Statutes, is amended to read:

START_STATUTE8-343. Disposition of offenses involving driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs

A. A juvenile who is adjudicated delinquent for a violation of section 28‑1381 or 28‑1382 shall be incarcerated for a period of twenty‑four consecutive hours.

B. A juvenile who within a period of sixty months is adjudicated delinquent for a violation of section 28‑1381 or 28‑1382 and who has previously been adjudicated for a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383 shall be incarcerated for a period of thirty consecutive days that shall be served in a juvenile detention center or in the department of juvenile corrections.

C. A juvenile who is adjudicated delinquent for a violation of section 28‑1383 shall be sentenced as provided in section 28‑1383, except that the provisions of section 13‑801 do not apply and any incarceration shall be served in a juvenile detention center or in the department of juvenile corrections.

D. If a juvenile is adjudicated delinquent for a violation of section 28‑1381, 28‑1382 or 28‑1383, the court shall order the juvenile to pay at least one hundred dollars but not more than five hundred dollars plus any applicable surcharges and assessments to the public agency processing the violation or the court may order the juvenile to perform at least eighty hours of community service restitution under the supervision of the court.

E. The dates of the commission of the offense shall be the determining factor in applying the sixty month provision of subsection B of this section, irrespective of the sequence in which the offenses were committed. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

F. In addition to any other penalties prescribed by law, if a juvenile is adjudicated delinquent for a violation of section 28‑1381, 28‑1382 or 28‑1383, the court shall order the juvenile to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If the court determines that the juvenile requires further alcohol or other drug education or treatment, the juvenile may be required pursuant to court order to obtain education or treatment under the court's supervision from an approved facility. The court may review an education or treatment determination at the request of the state or the defendant or on the court's initiative. The juvenile shall pay the costs of the screening, education or treatment unless the court waives part or all of the costs. The court may order the parent or guardian of the juvenile to pay part or all of the costs of the screening, education or treatment.END_STATUTE

Sec. 8. Section 8-352, Arizona Revised Statutes, is amended to read:

START_STATUTE8-352. Intensive probation; evaluation; criteria; limit; conditions

A. A juvenile probation officer shall prepare a disposition summary report for every juvenile who has been adjudicated of a delinquent act or of a technical violation of probation.

B. The juvenile probation officer shall evaluate the needs of the juvenile and the juvenile's risk to the community, including the nature of the offense, the delinquent history of the juvenile and the juvenile's history of referrals and adjustments. If the nature of the offense and the prior delinquent history of the juvenile indicate that the juvenile should be included in an intensive probation program pursuant to supreme court guidelines for juvenile intensive probation, the juvenile probation officer may recommend to the court that the juvenile be granted intensive probation.

C. After reviewing the juvenile's prior record, the facts and circumstances of the current delinquent act or technical violation of probation and the disposition summary report, the court may grant the juvenile a period of intensive probation.

D. When granting intensive probation the court shall set forth on the record the factual reasons for using the disposition.

E. Intensive probation shall be conditioned on the juvenile:

1. Participating in one or more of the following throughout the term of intensive probation for not less than thirty‑two hours each week:

(a) School.

(b) A court ordered treatment program.

(d) Supervised community service restitution work.

2. Paying restitution and probation fees except that the inability to pay probation fees or restitution does not prohibit participation in the intensive probation program.

3. Remaining at a place of residence at all times except to attend school, work or treatment, to perform community service restitution or to participate in some activity, as specifically allowed in each instance by the supervising juvenile probation officer, or if in the direct company of a parent, guardian or custodian, as approved by the juvenile probation officer.

4. Allowing administration of drug and alcohol tests as directed by a juvenile probation officer.

5. Meeting any other conditions imposed by the court, including electronic monitoring, to meet the needs of the juvenile or to limit the risks to the community.

F. Probation fees shall be deposited in the juvenile probation fund established pursuant to section 12‑268.END_STATUTE

Sec. 9. Section 8-353, Arizona Revised Statutes, is amended to read:

START_STATUTE8-353. Juvenile intensive probation teams; duties; case load limit

A. The chief juvenile probation officer or the director of court services in each county, with approval of the presiding juvenile court judge of the superior court, shall appoint juvenile probation teams consisting of two juvenile probation officers or one juvenile probation officer and one surveillance officer or one juvenile probation officer and two surveillance officers.

B. A two person intensive probation team shall supervise no more than twenty‑five juveniles at one time. A three person team shall supervise no more than forty juveniles at one time.

C. The juvenile intensive probation team shall do all of the following:

1. Secure and keep a complete identification record of each juvenile supervised by the team and a written statement of the conditions of the probation.

2. Exercise close supervision and observation over juveniles who are ordered to participate in the intensive probation program including both of the following:

(a) Visual contact with each probationer at least four times per week.

(b) Weekly contact with the school, employer, community service restitution agency or treatment program of the probationer.

3. Obtain and maintain information concerning the conduct of the juvenile participating in the intensive probation program.

4. Request the county attorney to bring a noncompliant probationer before the court.

5. Monitor the payment of restitution and probation fees and request the county attorney to bring before the court any probationer who fails to pay restitution or probation fees.

6. Perform any other responsibilities required by the terms and conditions imposed by the court. END_STATUTE

Sec. 10. Section 8-355, Arizona Revised Statutes, is amended to read:

START_STATUTE8‑355. School; employment; community restitution programs

The juvenile intensive probation team shall ensure that each juvenile under its supervision is either employed, attending school, participating in a community service restitution program or attending a court ordered treatment program or any combination thereof as ordered by the court for not less than thirty‑two hours each week. END_STATUTE

Sec. 11. Section 9-499.07, Arizona Revised Statutes, is amended to read:

START_STATUTE9-499.07. Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; home detention for persons sentenced for driving under the influence of alcohol or drugs

A. A city or town may establish a prisoner work, community service restitution work and home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail. Such program shall be approved by The presiding judge of the city or town municipal court prior to shall approve the program before its implementation.

B. A prisoner is not eligible for a prisoner work, community service restitution work and home detention program if any of the following is applicable applies:

1. The prisoner is found by the city or town to constitute a risk to either himself or other members of the community.

2. The prisoner has a past history of violent behavior.

3. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community service restitution work and home detention program.

C. For prisoners who are selected for the program, the city or town may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device which that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises. In all other cases, the city or town shall implement a system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements. The city or town may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program.

D. If a prisoner is required to be placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay an electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the city or town assesses a lesser fee. The fees collected shall be used by the city or town to offset operational costs of the program.

E. Prisoners who are selected for the home detention program shall be employed within the county in which the city or town is located. The city or town shall review the place of employment to determine whether it is appropriate for a home detention prisoner. If the prisoner is terminated from employment or does not come to work, the employer shall notify the city or town. Alternatively, or in addition, a community service restitution work assignment may be made by the city or town to a program recommended by the community service restitution work committee. If a prisoner is incapable of performing community service restitution or being employed, the city or town may exempt the prisoner from these programs.

F. The city or town may require that a prisoner who is employed during the week also participate in community service restitution work programs on weekends.

G. The city or town may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals.

H. Community service restitution work shall include public works projects operated and supervised by the city or town or other public agencies of this state or projects sponsored and supervised by public or private community oriented organizations and agencies.

I. A city or town implementing a program under this section shall appoint a community service restitution work committee. The committee shall recommend to the city or town appropriate community service restitution work projects for home detention prisoners. Members are not eligible to receive compensation.

J. At any time the city or town may terminate a prisoner's participation in the prisoner work, community service restitution work and home detention program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.

K. Nothing in this section shall prohibit a city or town from entering into a joint exercise of powers agreement pursuant to section 11‑952 for a prisoner work, community service restitution work and home detention program.

L. If authorized by the court, a person who is sentenced pursuant to section 28‑1381 or 28‑1382 shall not be placed under home detention in a prisoner work, community service restitution work and home detention program except as provided in subsections M through R of this section.

M. By a majority vote of the full membership of the governing body of the municipality after a public hearing and a finding of necessity, a city or town may establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28‑1381 or 28‑1382. A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The city or town shall use the collected monies to offset operational costs of the program.

N. If the city or town establishes a home detention program under subsection M of this section, a prisoner must meet the following eligibility requirements for the program:

1. The provisions of subsection B of this section apply in determining eligibility for the program.

2. If the prisoner is sentenced under section 28‑1381, subsection I, the prisoner first serves a minimum of twenty‑four consecutive hours in jail.

3. Notwithstanding section 28‑1387, subsection C, if the prisoner is sentenced under section 28‑1381, subsection K or section 28‑1382, subsection D or F, the prisoner first serves a minimum of fifteen consecutive days in jail before being placed under home detention.

4. The prisoner is required to comply with all of the following provisions for the duration of the prisoner's participation in the home detention program:

(a) All of the provisions of subsections C through H of this section.

(b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests.

(c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department.

(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.

(e) All other provisions of the sentence imposed.

5. Any additional eligibility criteria that the city or town may impose.

O. If a city or town establishes a home detention program under subsection M of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection N, paragraph 2 of this section.

P. The court shall terminate a prisoner's participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if:

1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection N, paragraph 4, subdivision (c) of this section, section 28‑1381, subsection J or L or section 28‑1382, subsection E or G.

2. The court finds that the prisoner left the premises without permission of the court or supervising authority during a time the prisoner is ordered to be on the premises.

Q. At any other time the court may terminate a prisoner's participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.

R. The governing body of the city or town may terminate the program established under subsection M of this section by a majority vote of the full membership of the governing body. END_STATUTE

Sec. 12. Section 11-459, Arizona Revised Statutes, is amended to read:

START_STATUTE11-459. Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; home detention for persons sentenced for driving under the influence of alcohol or drugs; community restitution work committee; members; duties

A. The sheriff may establish a prisoner work, community service restitution work and home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the county jail and prisoners.

B. A prisoner is not eligible for a prisoner work, community service restitution work and home detention program if any of the following is applicable applies:

1. After independent review and determination of the jail's classification program, the prisoner is found by the sheriff to constitute a risk to either himself or other members of the community.

2. The prisoner has a past history of violent behavior.

3. The prisoner has been convicted of a serious offense as defined by section 13-604 or has been determined to be a dangerous and repetitive offender.

4. Jail time is being served as a result of a felony conviction.

5. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community service restitution work and home detention program.

6. The prisoner is sentenced to a county jail and is being held for another jurisdiction.

C. For prisoners who are selected for the program, the sheriff may require electronic monitoring in the prisoner's home whenever the prisoner is not at his regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device which that constantly monitors the prisoner's location in order to determine that the prisoner has not left his premises. In all other cases, the sheriff shall implement a system of monitoring using visitation, telephone contact or other appropriate methods to assure compliance with the home detention requirements. The sheriff may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program.

D. If a prisoner is required to be placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay an electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the sheriff assesses a lesser fee. The fees collected shall be used by the sheriff to offset operational costs of the program.

E. Prisoners who are selected for the home detention program shall be employed in the county in which they are incarcerated. The sheriff shall review the place of employment to determine whether it is appropriate for a home detention prisoner. If the prisoner is terminated from employment or does not come to work, the employer shall notify the sheriff's office. Alternatively, or in addition, a community service restitution work assignment may be made by the sheriff to a program recommended to the sheriff by the community service restitution work committee. If a prisoner is incapable of performing community service restitution or being employed, the sheriff may exempt the prisoner from these programs.

F. The sheriff may require that a prisoner who is employed during the week also participate in community service restitution work programs on weekends.

G. The sheriff may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals. The standard for review and determination of such leave is the same as that implemented to decide transportation requests for similar purposes made by prisoners confined in the county jail.

H. Community service restitution work shall include public works projects operated and supervised by public agencies of this state or counties, cities or towns on recommendation of the community service restitution work committee and approval of the sheriff. The community service restitution work committee may also recommend and the sheriff may approve other forms of community service restitution work sponsored and supervised by public or private community oriented organizations and agencies.

I. The community service restitution work committee is established in each county and is composed of two designees of the sheriff, a representative of the county attorney's office selected by the county attorney, a representative of a local police agency selected by the police chief of the largest city in the county and three persons selected by the county board of supervisors from the private sector. A sheriff's designee shall serve as committee chairman and schedule all meetings. The committee shall meet as often as necessary, but no less than once every three months, for the purpose of considering and recommending appropriate community service restitution work projects for home detention prisoners. The committee shall make its recommendations to the sheriff. Members are not eligible to receive compensation.

J. At any time the sheriff may terminate a prisoner's participation in the prisoner work, community service restitution work and home detention program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.

K. If authorized by the court, a person who is sentenced pursuant to section 28-1381 or 28-1382 shall not be placed under home detention in a prisoner work, community service restitution work and home detention program except as provided in subsections L through Q of this section.

L. By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity a county may authorize the sheriff to establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382. If the board authorized the establishment of a home detention program, a county sheriff may establish the program. A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.

M. If a county sheriff establishes a home detention program under subsection L of this section, a prisoner must meet the following eligibility requirements for the program:

1. The provisions of subsection B of this section apply in determining eligibility for the program.

2. If the prisoner is sentenced under section 28-1381, subsection I, the prisoner first serves a minimum of twenty-four consecutive hours in jail.

3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced under section 28-1381, subsection K or section 28-1382, subsection D or F, the prisoner first serves a minimum of fifteen consecutive days in jail before being placed under home detention.

4. The prisoner is required to comply with all of the following requirements for the duration of the prisoner's participation in the home detention program:

(a) All of the provisions of subsections C through H of this section.

(c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department.

(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.

(e) All other provisions of the sentence imposed.

5. Any additional eligibility criteria that the county may impose.

N. If a county sheriff establishes a home detention program under subsection L of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection M, paragraph 2 of this section.

O. The court shall terminate a prisoner's participation in the home detention program and shall require the prisoner to complete the remaining term of the jail sentence by jail confinement if either:

1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection M, paragraph 4, subdivision (c) of this section, section 28‑1381, subsection J or L or section 28-1382, subsection E or G.

2. The prisoner leaves the premises during a time that the prisoner is ordered to be on the premises without permission of the court or supervising authority.

P. At any other time the court may terminate a prisoner's participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.

Q. The sheriff may terminate the program at any time.

R. A person who is sentenced pursuant to section 28-1383 shall not be placed under home detention in a prisoner work, community service restitution work and home detention program. END_STATUTE

Sec. 13. Section 12-299.03, Arizona Revised Statutes, is amended to read:

START_STATUTE12-299.03. Duties of the supreme court; evaluation

A. The supreme court shall:

1. Implement and administer the community punishment program.

2. Adopt necessary guidelines, rules, standards and policies to implement this article.

3. Facilitate the development of local plans.

4. Develop and implement an application process and procedures.

5. Review and approve plans and budgets.

6. Allocate funding.

7. Provide statewide training and technical assistance to the superior court, adult probation departments and advisory committees regarding community punishment.

8. Conduct an evaluation of all programs on a periodic basis to ensure program accountability. The evaluation report shall include information for the superior court in each participating county on the number of offenders serving suspended sentences on probation and intensive probation, the average cost per offender, the amount of restitution, fines and fees paid, the number of community service restitution hours contributed by offenders and the number of offenders who have successfully completed terms of probation. The report shall be submitted to the governor, the speaker of the house of representatives and the president of the senate. The supreme court may contract with a private consultant to prepare this evaluation report.

B. The supreme court may contract directly with private human service agencies to develop, implement and operate community punishment programs. END_STATUTE

Sec. 14. Section 12-1809, Arizona Revised Statutes, is amended to read:

START_STATUTE12-1809. Injunction against harassment; petition; venue; fees; notices; enforcement; definition

A. A person may file a verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting harassment. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff, and the minor is a specifically designated person for the purposes of subsection F of this section. If a person is either temporarily or permanently unable to request an injunction, a third party may request an injunction on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. Notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an injunction against harassment.

B. An injunction against harassment shall not be granted:

1. Unless the party who requests the injunction files a written verified petition for injunction.

2. Against a person who is less than twelve years of age unless the injunction is granted by the juvenile division of the superior court.

3. Against more than one defendant.

C. The petition shall state all of the following:

1. The name of the plaintiff. The plaintiff's address shall be disclosed to the court for purposes of service. If the address of the plaintiff is unknown to the defendant, the plaintiff may request that the address be protected. On the plaintiff's request, the address shall not be listed on the petition. Whether the court issues an injunction against harassment, the protected address shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court.

2. The name and address, if known, of the defendant.

3. A specific statement showing events and dates of the acts constituting the alleged harassment.

4. The name of the court in which there was or is any prior or pending proceeding or order concerning the conduct that is sought to be restrained.

5. The relief requested.

D. A fee shall not be charged for filing a petition under this section. Fees for service of process may be deferred or waived under any rule or law applicable to civil actions, except that fees for service of process shall not be charged if the petition arises out of a dating relationship. The court shall advise a plaintiff that the plaintiff may be eligible for the deferral or waiver of these fees at the time the plaintiff files a petition. The court shall not require the petitioner to perform community service restitution as a condition of the waiver or deferral of fees for service of process. A law enforcement agency or constable shall not require the advance payment of fees for service of process of injunctions against harassment. If the court does not waive the fees, the serving agency may assess the actual fees against the plaintiff. On request of the plaintiff, an injunction against harassment that is issued by a municipal court may be served by the police agency for that city if the defendant can be served within the city. If the defendant cannot be served within the city, the police agency in the city in which the defendant can be served may serve the injunction. On request of the plaintiff, each injunction against harassment that is issued by a justice of the peace shall be served by the constable for that jurisdiction if the defendant can be served within the jurisdiction. If the defendant cannot be served within that jurisdiction, the constable in the jurisdiction in which the defendant can be served shall serve the injunction. On request of the plaintiff, an injunction against harassment that is issued by a superior court judge or commissioner may be served by the sheriff of the county. If the defendant cannot be served within that jurisdiction, the sheriff in the jurisdiction in which the defendant can be served may serve the order. The court shall provide, without charge, forms for purposes of this section for assisting parties without counsel.

E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff to determine whether the injunction requested should issue without a further hearing. Rules 65(a)(1) and 65(e) of the Arizona rules of civil procedure do not apply to injunctions that are requested pursuant to this section. If the court finds reasonable evidence of harassment of the plaintiff by the defendant during the year preceding the filing of the petition or that good cause exists to believe that great or irreparable harm would result to the plaintiff if the injunction is not granted before the defendant or the defendant's attorney can be heard in opposition and the court finds specific facts attesting to the plaintiff's efforts to give notice to the defendant or reasons supporting the plaintiff's claim that notice should not be given, the court shall issue an injunction as provided for in subsection F of this section. If the court denies the requested relief, it may schedule a further hearing within ten days with reasonable notice to the defendant. For purposes of determining the one year period, any time that the defendant has been incarcerated or out of this state shall not be counted.

F. If the court issues an injunction, the court may do any of the following:

1. Enjoin the defendant from committing a violation of one or more acts of harassment.

2. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons.

3. Grant relief necessary for the protection of the alleged victim and other specifically designated persons proper under the circumstances.

G. The court shall not grant a mutual injunction against harassment. If opposing parties separately file verified petitions for an injunction against harassment, the courts after consultation between the judicial officers involved may consolidate the petitions of the opposing parties for hearing. This does not prohibit a court from issuing cross injunctions against harassment.

H. At any time during the period during which the injunction is in effect, the defendant is entitled to one hearing on written request. No fee may be charged for requesting a hearing. A hearing that is requested by a defendant shall be held within ten days from the date requested unless the court finds compelling reasons to continue the hearing. The hearing shall be held at the earliest possible time. An ex parte injunction that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. After the hearing, the court may modify, quash or continue the injunction.

I. The injunction shall include the following statement:

Warning

This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.

J. A copy of the petition and the injunction shall be served on the defendant within one year from the date the injunction is signed. An injunction that is not served on the defendant within one year expires. The injunction is effective on the defendant on service of a copy of the injunction and petition and expires one year after service on the defendant. A modified injunction is effective upon service and expires one year after service of the initial injunction and petition.

K. Each affidavit, acceptance or return of service shall be promptly filed with the clerk of the issuing court. This filing shall be completed in person, shall be made by fax or shall be postmarked, if sent by mail, no later than the end of the seventh court business day after the date of service. If the filing is made by fax, the original affidavit, acceptance or return of service shall be promptly filed with the court. Within twenty‑four hours after the affidavit, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the injunction or any modified injunction was issued shall forward to the sheriff of the county in which the court is located a copy of the injunction and a copy of the affidavit or certificate of service of process or acceptance of service. On receiving these copies, the sheriff shall register the injunction. Registration of an injunction means that a copy of the injunction and a copy of the affidavit or certificate of service of process or acceptance of service have been received by the sheriff's office. The sheriff shall maintain a central repository for injunctions so that the existence and validity of the injunctions can be easily verified. The effectiveness of an injunction does not depend on its registration, and for enforcement purposes pursuant to section 13‑2810, a copy of an injunction, whether or not registered, is presumed to be a valid existing order of the court for a period of one year from the date of service of the injunction on the defendant.

L. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13‑2810 by disobeying or resisting an injunction that is issued pursuant to this section, whether or not the violation occurred in the presence of the officer. The provisions for release under section 13‑3903 do not apply to an arrest made pursuant to this subsection. A person who is arrested pursuant to this subsection may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.

M. If a peace officer responds to a call alleging that harassment has been or may be committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of the victim including:

1. An injunction pursuant to this section.

2. The emergency telephone number for the local police agency.

3. Telephone numbers for emergency services in the local community.

N. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. The municipal court and the justice court may hear and decide all matters arising pursuant to this section. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. An order that is entered by a justice court or municipal court after a hearing pursuant to this section may be appealed to the superior court as provided in title 22, chapter 2, article 4, section 22‑425, subsection B and the superior court rules of civil appellate procedure without regard to an amount in controversy. No fee may be charged to either party for filing an appeal.

O. A peace officer who makes an arrest pursuant to this section is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice. A peace officer is not civilly liable for noncompliance with subsection M of this section.

P. This section does not apply to preliminary injunctions issued pursuant to an action for dissolution of marriage or legal separation or for protective orders against domestic violence.

Q. In addition to the persons who are authorized to serve process pursuant to rule 4(d), Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41‑1661 who is acting in the officer’s official capacity may serve an injunction against harassment that is issued pursuant to this section.

R. In this section, "harassment" means a series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose. END_STATUTE

Sec. 15. Section 13-901.01, Arizona Revised Statutes, is amended to read:

START_STATUTE13-901.01. Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education; definition

A. Notwithstanding any law to the contrary, any person who is convicted of the personal possession or use of a controlled substance or drug paraphernalia is eligible for probation. The court shall suspend the imposition or execution of sentence and place the person on probation.

B. Any person who has been convicted of or indicted for a violent crime as defined in section 13-604.04 is not eligible for probation as provided for in this section but instead shall be sentenced pursuant to chapter 34 of this title.

C. Personal possession or use of a controlled substance pursuant to this section shall not include possession for sale, production, manufacturing or transportation for sale of any controlled substance.

D. If a person is convicted of personal possession or use of a controlled substance or drug paraphernalia, as a condition of probation, the court shall require participation in an appropriate drug treatment or education program administered by a qualified agency or organization that provides such programs to persons who abuse controlled substances. Each person who is enrolled in a drug treatment or education program shall be required to pay for participation in the program to the extent of the person's financial ability.

E. A person who has been placed on probation pursuant to this section and who is determined by the court to be in violation of probation shall have new conditions of probation established by the court. The court shall select the additional conditions it deems necessary, including intensified drug treatment, community service restitution, intensive probation, home arrest or any other sanctions except that the court shall not impose a term of incarceration unless the court determines that the person violated probation by committing an offense listed in chapter 34 or 34.1 of this title or an act in violation of an order of the court relating to drug treatment.

F. If a person is convicted a second time of personal possession or use of a controlled substance or drug paraphernalia, the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community service restitution, intensive probation, home arrest or any other action within the jurisdiction of the court.

G. At any time while the defendant is on probation, if after having a reasonable opportunity to do so the defendant fails or refuses to participate in drug treatment, the probation department or the prosecutor may petition the court to revoke the defendant's probation. If the court finds that the defendant refused to participate in drug treatment, the defendant shall no longer be eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title.

H. A person is not eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title if the court finds the person either:

1. Had been convicted three times of personal possession of a controlled substance or drug paraphernalia.

2. Refused drug treatment as a term of probation.

3. Rejected probation.

I. Subsections G and H of this section do not prohibit the defendant from being placed on probation pursuant to section 13‑901 if the defendant otherwise qualifies for probation under that section.

J. For the purposes of this section, "controlled substance" has the same meaning prescribed in section 36-2501. END_STATUTE

Sec. 16. Section 13-914, Arizona Revised Statutes, is amended to read:

START_STATUTE13-914. Intensive probation; evaluation; sentence; criteria; limit; conditions

A. An adult probation officer shall prepare a presentence report for every offender who has either:

1. Been convicted of a felony and for whom the granting of probation is not prohibited by law.

2. Violated probation by commission of a technical violation that was not chargeable or indictable as a criminal offense.

B. The adult probation officer shall evaluate the needs of the offender and the offender's risk to the community, including the nature of the offense and criminal history of the offender. If the nature of the offense and the prior criminal history of the offender indicate that the offender should be included in an intensive probation program pursuant to supreme court guidelines for intensive probation, the adult probation officer may recommend to the court that the offender be granted intensive probation.

C. The court may suspend the imposition or execution of the sentence and grant the offender a period of intensive probation in accordance with this chapter. Except for sentences that are imposed pursuant to section 13‑3601, the sentence is tentative to the extent that it may be altered or revoked pursuant to this chapter, but for all other purposes it is a final judgment of conviction. This subsection does not preclude the court from imposing a term of intensive probation pursuant to section 13‑3601.

D. When granting intensive probation the court shall set forth on the record the factual and legal reasons in support of the sentence.

E. Intensive probation shall be conditioned on the offender:

1. Maintaining employment or maintaining full‑time student status at a school subject to the provisions of title 15 or title 32, chapter 30 and making progress deemed satisfactory to the probation officer, or both, or being involved in supervised job searches and community service restitution work at least six days a week throughout the offender's term of intensive probation.

2. Paying restitution and probation fees of not less than fifty dollars unless, after determining the inability of the offender to pay the fee, the court assesses a lesser fee. Probation fees shall be deposited in the adult probation services fund established by section 12‑267. Any amount greater than forty dollars of the fee assessed pursuant to this subsection shall only be used to supplement monies currently used for the salaries of adult probation and surveillance officers and for support of programs and services of the superior court adult probation departments.

3. Establishing a residence at a place approved by the intensive probation team and not changing the offender's residence without the team's prior approval.

4. Remaining at the offender's place of residence at all times except to go to work, to attend school, to perform community service restitution and as specifically allowed in each instance by the adult probation officer.

5. Allowing administration of drug and alcohol tests if requested by a member of the intensive probation team.

6. Performing not less than forty hours of community service restitution each month. Full‑time students may be exempted or required to perform fewer hours of community service restitution. For good cause, the court may reduce the number of community service restitution hours performed to not less than twenty hours each month.

7. Meeting any other conditions imposed by the court to meet the needs of the offender and limit the risks to the community, including participation in a program of community punishment authorized in title 12, chapter 2, article 11. END_STATUTE

Sec. 17. Section 13-3405, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly:

1. Possess or use marijuana.

2. Possess marijuana for sale.

3. Produce marijuana.

4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.

B. A person who violates:

1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.

2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony.

3. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of four pounds or more is guilty of a class 4 felony.

4. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 4 felony.

5. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony.

6. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 2 felony.

7. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 5 felony.

8. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony.

9. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of four pounds or more is guilty of a class 3 felony.

10. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 3 felony.

11. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of two pounds or more is guilty of a class 2 felony.

C. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is sentenced pursuant to the provisions of subsection B, paragraph 5, 6, 8, 9 or 11 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted.

D. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than seven hundred fifty dollars or three times the value as determined by the court of the marijuana involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

E. A person who is convicted of a felony violation of any provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug or narcotic drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections as appropriate during the duration of the term of probation or before the expiration of the sentence imposed.

F. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial is less than the statutory threshold amount, a person who is sentenced pursuant to the provisions of subsection B, paragraph 4, 7 or 10 and who is granted probation by the court shall be ordered by the court that as a condition of probation the person perform not less than two hundred forty hours of community service restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

G. If a person who is sentenced pursuant to the provisions of subsection B, paragraph 1, 2 or 3 of this section is granted probation for a felony violation of this section, the court shall order that as a condition of probation the person perform not less than twenty‑four hours of community service restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crimes or any other appropriate agency or organization.

H. If a person is granted probation for a misdemeanor violation of this section, the court shall order as a condition of probation that the person attend eight hours of instruction on the nature and harmful effects of narcotic drugs, marijuana and other dangerous drugs on the human system, and on the laws related to the control of these substances, or perform twenty‑four hours of community service restitution. END_STATUTE

Sec. 18. Section 13-3406, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3406. Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs; classification

A. A person shall not knowingly:

1. Possess or use a prescription‑only drug unless the person obtains the prescription‑only drug pursuant to a valid prescription of a prescriber who is licensed pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 21, 25 or 29 or is similarly licensed in another state.

2. Unless the person holds a license or a permit issued pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess a prescription‑only drug for sale.

3. Unless the person holds a license or a permit issued pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess equipment and chemicals for the purpose of manufacturing a prescription‑only drug.

4. Unless the person holds a license or a permit issued pursuant to title 32, chapter 18, manufacture a prescription‑only drug.

5. Administer a prescription‑only drug to another person whose possession or use of the prescription‑only drug violates any provision of this section.

6. Obtain or procure the administration of a prescription‑only drug by fraud, deceit, misrepresentation or subterfuge.

7. Unless the person is authorized, transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a prescription‑only drug.

B. A person who violates:

1. Subsection A, paragraph 1, 3, 4, 5 or 6 is guilty of a class 1 misdemeanor.

2. Subsection A, paragraph 2 or 7 is guilty of a class 6 felony.

C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of one thousand dollars. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

D. A person who is convicted of a felony violation of a provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription‑only drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.

E. If a person who is convicted of a violation of a provision of subsection A, paragraph 2 or 7 is granted probation, the court shall order that as a condition of probation the person perform not less than two hundred forty hours of community service restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization. END_STATUTE

Sec. 19. Section 13-3407, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3407. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification

A. A person shall not knowingly:

1. Possess or use a dangerous drug.

2. Possess a dangerous drug for sale.

3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug.

4. Manufacture a dangerous drug.

5. Administer a dangerous drug to another person.

6. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge.

7. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug.

B. A person who violates:

1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony. Unless the drug involved is lysergic acid diethylamide, methamphetamine, amphetamine or phencyclidine or the person was previously convicted of a felony offense or a violation of this section or section 13‑3408, the court on motion of the state, considering the nature and circumstances of the offense, for a person not previously convicted of any felony offense or a violation of this section or section 13‑3408 may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated. The offense shall be treated as a felony for all purposes until the court enters an order designating the offense a misdemeanor.

2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.

3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony.

4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.

5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.

6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.

7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.

C. A person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 and who has not previously been convicted of any felony or who has not been sentenced pursuant to section 13‑604 or any other law making the convicted person ineligible for probation is eligible for probation.

D. If the aggregate amount of dangerous drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted.

E. A person who is convicted of a violation of subsection A, paragraph 4 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted.

F. If a person is convicted of a violation of subsection A, paragraph 5 of this section, if the drug is administered without the other person's consent, if the other person is under eighteen years of age and if the drug is flunitrazepam, gamma hydroxy butrate or ketamine hydrochloride, the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted.

G. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than one thousand dollars or three times the value as determined by the court of the dangerous drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

H. A person who is convicted of a violation of a provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription‑only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.

I. If a person who is convicted of a violation of a provision of this section is granted probation, the court shall order that as a condition of probation the person perform not less than three hundred sixty hours of community service restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization. END_STATUTE

Sec. 20. Section 13-3408, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3408. Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification

A. A person shall not knowingly:

1. Possess or use a narcotic drug.

2. Possess a narcotic drug for sale.

3. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug.

4. Manufacture a narcotic drug.

5. Administer a narcotic drug to another person.

6. Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge.

7. Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug.

B. A person who violates:

1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony.

2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.

3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony.

4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.

5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.

6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.

7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.

C. A person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 of this section and who has not previously been convicted of any felony or who has not been sentenced pursuant to section 13‑604 or any other provision of law making the convicted person ineligible for probation is eligible for probation.

D. If the aggregate amount of narcotic drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted.

F. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

G. A person who is convicted of a violation of a provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription‑only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.

H. If a person who is convicted of a violation of this section is granted probation, the court shall order that as a condition of probation the person perform not less than three hundred sixty hours of community service restitution with an agency or organization that provides counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization. END_STATUTE

Sec. 21. Section 13-3416, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3416. Probationer; payment of costs

In addition to any other fines or assessments, persons placed on probation for a violation of this chapter with a condition to participate in community service restitution, drug testing or antidrug abuse education may be required by the court to pay any reasonable costs associated with participation in these programs. END_STATUTE

Sec. 22. Section 13-3826, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3826. Community notification guidelines committee; members; duties; definition

A. The community notification guidelines committee is established consisting of the following members:

1. A member of the senate who is appointed by the president of the senate to serve as cochair of the committee.

2. A member of the house of representatives who is appointed by the speaker of the house of representatives to serve as cochair of the committee.

3. The attorney general or the attorney general's designee.

4. The chairman of the senate judiciary committee or its successor committee, who serves as an advisory member.

5. A member of the minority party in the senate who is appointed by the president of the senate and who serves as an advisory member.

6. The chairman of the house of representatives judiciary committee or its successor committee, who serves as an advisory member.

7. A member of the minority party in the house of representatives who is appointed by the speaker of the house of representatives and who serves as an advisory member.

8. Two sheriffs or their designees who are appointed by the president of the Arizona county attorneys and sheriffs association, one of whom represents a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

9. Two chiefs of police or their designees who are appointed by the president of the Arizona association of chiefs of police, one of whom represents a city or town in a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a city or town in a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

10. Two county attorneys or their designees who are appointed by the chairman of the Arizona prosecuting attorneys' advisory council, one of whom represents a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

11. Two county adult probation officers or their designees who are appointed by the chief justice of the supreme court, one of whom represents a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

12. One state adult parole administrator or the administrator's designee who is appointed by the governor.

13. The director of the department of public safety or the director's designee.

14. The director of the department of transportation or the director's designee.

15. One person who is licensed under title 32, chapter 19.1 and who is appointed by the state board of psychologist examiners.

16. One representative of a public defender's office who is recommended by an association of public defenders and who is appointed by the speaker of the house of representatives.

17. One advocate or community service restitution provider who is appointed by the president of the senate.

18. Two public members, one of whom is appointed by the president of the senate and one of whom is appointed by the speaker of the house of representatives.

B. Appointed members serve two year terms.

C. The members shall meet at a time and place set by the cochairpersons.

D. Members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E. The committee shall:

1. Adopt community notification guidelines. The committee shall monitor the implementation of the community notification guidelines that the committee adopts. The guidelines shall provide for levels of notification based on the risk that a particular sex offender poses to the community. The notification requirements are as follows:

(a) For level two and level three offenders, the notification shall be made to the surrounding neighborhood, area schools, appropriate community groups and prospective employers. The notification shall include a flyer with a photograph and exact address of the offender as well as a summary of the offender's status and criminal background. A press release and a level two or level three flyer shall be given to the local electronic and print media to enable information to be placed in a local publication. If a level two or level three offender fails to register or reregister pursuant to section 13‑3821 or 13‑3822 and a warrant is issued, before the issuance of the warrant the law enforcement agency that requested the warrant shall assemble, print and distribute appropriate flyers regarding the offender.

(b) For level one offenders, the local law enforcement agency that is responsible for notification shall maintain information about the offender. The local law enforcement agency may disseminate this information to other law enforcement agencies and may give notification to the people with whom the offender resides. If a level one offender fails to register or reregister pursuant to section 13‑3821 or 13‑3822 and a warrant is issued, before the issuance of the warrant the law enforcement agency that requested the warrant may assemble, print and distribute appropriate flyers regarding the offender.

2. Develop and recommend a process for a sex offender to request a notification level review and for the court to determine if a sex offender notification level may be reduced or the offender is no longer required to register. The committee shall submit a report of its recommendation to the governor, the president of the senate and the speaker of the house of representatives on or before December 15, 2004 and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.

3. Study whether there is uniform and consistent application of the community notification guidelines on a statewide basis, including whether offenders who pose similar risks are assigned similar notification levels in different jurisdictions.

F. The committee shall adopt guidelines regarding how community notification pursuant to section 13‑3825, subsection K should be conducted, including whether community notification should occur. The guidelines should provide for flexibility based on resources and the availability of records. The committee may adopt procedures that allow offenders required to register to not be classified if necessary records are not reasonably available.

G. For the purposes of this section, "advisory member" means a member who advises other committee members during meetings but who is ineligible to vote and who is not a member for the purposes of determining if a quorum is present. END_STATUTE

Sec. 23. Section 28-672, Arizona Revised Statutes, is amended to read:

START_STATUTE28-672. Accidents and moving violations; serious physical injury; death; penalties

A. A person is responsible for a civil traffic violation if the person violates any one of the following and the violation results in an accident causing serious physical injury as defined in section 13‑105 to another person:

1. Section 28‑645, subsection A, paragraph 3, subdivision (a).

2. Section 28‑772.

3. Section 28‑792.

4. Section 28‑794.

5. Section 28‑797, subsection E or G.

6. Section 28‑855, subsection B.

B. A person who violates subsection A of this section is subject to a civil penalty of up to five hundred dollars, the person shall attend and successfully complete traffic survival school training and educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department and the court shall report the judgment to the department and may direct the department to suspend the person's driving privilege for ninety days. In addition, the court may order the person to perform community service restitution.

C. A person is responsible for a civil traffic violation if the person violates any one of the following and the violation results in an accident causing death to another person:

1. Section 28‑645, subsection A, paragraph 3, subdivision (a).

2. Section 28‑772.

3. Section 28‑792.

4. Section 28‑794.

5. Section 28‑797, subsection E or G.

6. Section 28‑855, subsection B.

D. A person who violates subsection C of this section shall pay a civil penalty of one thousand dollars, the person shall attend and successfully complete traffic survival school training and educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department and the court shall report the judgment to the department and may direct the department to suspend the person's driving privilege for one hundred eighty days. In addition, the court may order the person to perform community service restitution.

E. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of subsection A or C of this section, the suspension period prescribed in subsection B or D of this section shall run concurrently with the other suspension period.

F. If a person fails to successfully complete traffic survival school training and educational sessions or perform community service restitution pursuant to subsection B or D of this section, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied. END_STATUTE

Sec. 24. Section 28-708, Arizona Revised Statutes, is amended to read:

START_STATUTE28-708. Racing on highways; classification; exception; definitions

A. A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.

B. A person who violates this section is guilty of a class 1 misdemeanor. If a person is convicted of a second or subsequent violation of this section within twenty‑four months of a first conviction, the person is guilty of a class 6 felony and is not eligible for probation, pardon, suspension of sentence or release on any other basis until the person has served not less than ten days in jail or prison.

C. A person who is convicted of a first violation of this section shall pay a fine of not less than two hundred fifty dollars and may be ordered by the court to perform community service restitution.

D. A person who is convicted of a subsequent violation of this section shall pay a fine of not less than five hundred dollars and may be ordered by the court to perform community service restitution.

E. On pronouncement of a jail sentence under this section and in cases of extreme hardship, the court may provide in the sentence that if the defendant is employed or attending school and can continue employment or school the defendant may continue the employment or school for not more than twelve hours per day nor more than five days per week, and the defendant shall spend the remaining days or parts of days in jail until the sentence is served. The court may allow the defendant to be out of jail only long enough to complete the defendant's actual hours of employment or school.

F. If a person is convicted of violating this section, the judge may require the surrender to a police officer of any driver license of the person and immediately forward the abstract of conviction to the department. On a first conviction, the judge may order the suspension of the driving privileges of the person for a period of not more than ninety days. In the case of a first conviction and on receipt of the abstract of conviction and order of the court, the department shall suspend the driving privileges of the person for the period of time ordered by the judge. In the case of a second or subsequent conviction for an offense committed within a period of twenty‑four months and on receipt of the abstract of conviction, the department shall revoke the driving privileges of the person.

G. The director may authorize in writing an organized and properly controlled event to utilize a highway or part of a highway even though it is prohibited by this section. The authorization shall specify the time of the event, the highway or part of a highway to be utilized and any special conditions the director may require for the particular event.

H. For the purposes of this section:

1. "Drag race" means either:

(a) The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other.

(b) The operation of one or more vehicles over a common selected course and from the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

2. "Racing" means the use of one or more vehicles in an attempt to outgain or outdistance another vehicle or prevent another vehicle from passing.END_STATUTE

Sec. 25. Section 28-1174, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1174. Operation restrictions; violation; classification

A. It is unlawful for a person to drive an off‑highway vehicle with reckless disregard for the safety of persons or property.

B. A person who violates this section is guilty of a class 2 misdemeanor.

C. In addition to or in lieu of the fine prescribed by this section, a judge may order the person to perform at least eight but not more than twenty‑four hours of community service restitution or to complete an approved safety course, or both. END_STATUTE

Sec. 26. Section 28-1381, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

3. While there is any drug defined in section 13‑3401 or its metabolite in the person's body.

4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28‑3001 and the person has an alcohol concentration of 0.04 or more.

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.

D. A person using a drug prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section.

E. In any prosecution for a violation of this section, the state shall allege, for the purpose of classification and sentencing pursuant to this section, all prior convictions of violating this section, section 28‑1382 or section 28‑1383 occurring within the past thirty‑six months, unless there is an insufficient legal or factual basis to do so.

F. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.

G. In a trial, action or proceeding for a violation of this section or section 28‑1383 other than a trial, action or proceeding involving driving or being in actual physical control of a commercial vehicle, the defendant's alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions:

1. If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.

2. If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

3. If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.

H. Subsection G of this section does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.

I. A person who is convicted of a violation of this section:

1. Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two hundred fifty dollars.

3. May be ordered by a court to perform community service restitution.

4. Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

J. Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all but twenty‑four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

K. If within a period of sixty months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28‑1382 or 28‑1383, the person:

1. Shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.

2. Shall pay a fine of not less than five hundred dollars.

3. May be ordered by a court to perform community service restitution.

4. Shall have the person's driving privilege revoked for one year. The court shall report the conviction to the department. On receipt of the report, the department shall revoke the person's driving privilege and shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

5. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

L. Notwithstanding subsection K, paragraph 1 of this section, at the time of sentencing, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.

M. In applying the sixty month provision of subsection K of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.

N. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts. END_STATUTE

Sec. 27. Section 28-1382, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.15 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

B. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor.

C. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.

D. A person who is convicted of a violation of this section:

1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two hundred fifty dollars. The fine prescribed in this paragraph and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in paragraph 3 of this subsection.

3. Shall pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28‑1304.

4. May be ordered by a court to perform community service restitution.

5. Shall be required by the department, on receipt of the report of conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

6. Shall pay an additional assessment of one thousand dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

F. If within a period of sixty months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28‑1381 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28‑1381 or 28‑1383, the person:

2. Shall pay a fine of not less than five hundred dollars. The fine prescribed in this paragraph and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in paragraph 3 of this subsection.

4. May be ordered by a court to perform community service restitution.

5. Shall have the person's driving privilege revoked for at least one year. The court shall report the conviction to the department. On receipt of the report, the department shall revoke the person's driving privilege and shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever is later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

6. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

I. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

J. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.END_STATUTE

Sec. 28. Section 28-1387, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1387. Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures

A. The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or any other pending charge of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383 filed at any time before the date the case is actually tried if this state makes available to the defendant when the allegation is filed a copy of any information obtained concerning the prior conviction or other pending charge. Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the sixty month provision. For the purposes of this article, an order of a juvenile court adjudicating a person delinquent is equivalent to a conviction.

B. In addition to any other penalties prescribed by law, the judge shall order a person who is convicted of a violation of section 28‑1381 or 28‑1382 to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility. The judge may review an education or treatment determination at the request of the state or the defendant or on the judge's initiative. The person shall pay the costs of the screening, education or treatment unless the court waives part or all of the costs. If a person is referred to a screening, education or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program.

C. After a person who is sentenced pursuant to section 28‑1381, subsection I has served twenty‑four consecutive hours in jail or after a person who is sentenced pursuant to section 28‑1381, subsection K or section 28‑1382, subsection D or F has served forty‑eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant's employment or studies, may continue the employment or studies for not more than twelve hours a day nor more than five days a week. The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the actual hours of employment or studies.

D. Unless the license of a person convicted under section 28‑1381 or 28‑1382 has been or is suspended pursuant to section 28‑1321 or 28‑1385, the department on receipt of the abstract of conviction of a violation of section 28‑1381 or 28‑1382 shall suspend the license of the affected person for not less than ninety consecutive days.

E. When the department receives notification that the person meets the criteria provided in section 28‑1385, subsection F, the department shall suspend the driving privileges of the person for not less than thirty consecutive days and shall restrict the driving privileges of the person for not less than sixty consecutive additional days to travel between any of the following:

1. The person's place of employment and residence and during specified periods of time while at employment.

2. The person's place of residence and the person's secondary or postsecondary school, according to the person's employment or educational schedule.

3. The person's place of residence and a treatment facility for scheduled appointments.

4. The person's place of residence and the office of the person's probation officer for scheduled appointments.

F. If a person is placed on probation for violating section 28‑1381 or 28‑1382, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.

G. Any political subdivision processing or using the services of a person ordered to perform community service restitution pursuant to section 28‑1381 or 28‑1382 does not incur any civil liability to the person ordered to perform community service restitution as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.

H. Except for another violation of this article, the state shall not dismiss a charge of violating any provision of this article unless there is an insufficient legal or factual basis to pursue that charge.END_STATUTE

Sec. 29. Section 28-8284, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8284. Violation; classification

A. A person who is convicted of a violation of section 28‑8282 is guilty of a class 1 misdemeanor and shall be sentenced to serve not less than twenty‑four consecutive hours in jail.

B. The court shall order the person to pay a fine of not less than two hundred fifty dollars and may order the person to perform not less than eight or more than twenty‑four hours of community service restitution.

C. A court shall not grant probation to or suspend any part or all of the imposition or execution of a sentence required by this section, except on the condition that the person serve not less than twenty‑four consecutive hours in jail and pay a fine of not less than two hundred fifty dollars.

D. The court:

1. Shall not excuse an offender from spending twenty‑four consecutive hours in jail.

2. May require the offender to attend traffic safety or alcohol abuse classes at the offender's expense.

3. If in the court's opinion the offender has the problem of habitual abuse of alcohol or drugs, shall require the offender to obtain treatment under its supervision.

4. Shall order the offender to pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

E. Notwithstanding subsection A of this section, the judge may sentence a person pursuant to section 28‑8286 instead of pursuant to subsection A of this section, if all of the following conditions are met:

1. The person is convicted of a violation of section 28‑8282.

2. The prosecutor alleges the provisions of this subsection.

3. The court finds that alternative sentencing will serve the best interests of this state and that the person:

(a) Has not been convicted of one or more violations of section 28‑8282 within sixty months of the date of commission of the acts out of which the charges arose. The dates of commission of the offense are the determining factor in applying this paragraph.

(b) Was not flying with 0.08 per cent or more by weight of alcohol in the person's blood.

(c) Did not cause serious physical injury as defined in section 13‑105 to another person during the same event or course of conduct that resulted in the conviction for which the person is to be sentenced. END_STATUTE

Sec. 30. Section 28-8286, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8286. Alternative sentencing

If pursuant to section 28‑8284, subsection E a court orders a person convicted of a violation of section 28‑8282 to be sentenced pursuant to this section, the court:

1. Shall order the person to pay a fine of not less than two hundred fifty dollars.

2. May order the person to perform not less than eight or more than twenty‑four hours of community service restitution.

3. May require the person to attend traffic safety or alcohol abuse classes at the person's expense.

4. If in the court's opinion the person has the problem of habitual abuse of alcohol or drugs, shall require the person to obtain treatment under its supervision.

5. Shall not suspend any part or all of the imposition or execution of any sentence required by this section.

6. Shall order the person to pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. END_STATUTE

Sec. 31. Section 28-8289, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8289. Political subdivision; immunity

A political subdivision processing or utilizing the services of a person ordered to perform community service restitution pursuant to this article is not civilly liable to the person ordered to perform community service restitution as a result of these activities unless the political subdivision or its agent or employee is guilty of gross negligence. END_STATUTE

Sec. 32. Section 31-411, Arizona Revised Statutes, is amended to read:

START_STATUTE31-411. Parole or discharge; conditions of parole; release under supervision of state department of corrections; notice of hearing; exceptions

A. Any prisoner who has been certified as eligible for parole or absolute discharge from imprisonment pursuant to section 31‑412, subsection B or section 41‑1604.09 shall be given an opportunity to apply for release upon parole or for an absolute discharge from imprisonment. The board of executive clemency shall not entertain any other form of application or petition for the release upon parole or absolute discharge from imprisonment of any prisoner.

B. A prisoner who is eligible for parole or absolute discharge from imprisonment shall be given an opportunity to be heard either before a hearing officer designated by the board or the board itself, at the discretion of the board.

C. If the hearing is heard by a hearing officer, the hearing officer shall make a recommendation on application for parole or absolute discharge from imprisonment to the board within thirty days after the hearing date. Within thirty days after the date of the hearing officer's recommendations, the board shall review these recommendations and either approve, with or without conditions, or reject the prisoner's application for parole or absolute discharge from imprisonment. A prisoner who is eligible for parole or absolute discharge from imprisonment shall not be denied parole or absolute discharge from imprisonment without an opportunity to be heard before the board unless another form of release has been granted.

D. If parole is granted, the prisoner shall remain on parole unless the board revokes the parole or grants an absolute discharge from parole or until the prisoner reaches the individual earned release credit date pursuant to section 41‑1604.10. If the prisoner violates a condition of parole but has not committed an additional offense, the board may place the prisoner on electronic monitoring and order the defendant to participate in a community accountability program pursuant to section 41‑1609.05. If the prisoner is still on parole on reaching the individual earned release credit date pursuant to section 41‑1604.10, the prisoner shall be terminated from parole but shall be subject to revocation under section 41‑1604.10. When the prisoner reaches the individual earned release credit date the prisoner's parole shall be terminated and the prisoner shall no longer be under the authority of the board.

E. During the period of time that the prisoner remains on supervised parole under subsection D of this section, the board shall require as a condition of parole that the prisoner pay a monthly supervision fee of not less than thirty dollars unless, after determining the inability of the prisoner to pay the fee, the board requires payment of a lesser amount. The supervising parole officer shall monitor the collection of the fee. The board may also impose any conditions of parole it deems appropriate in order to ensure that the best interests of the prisoner and the citizens of this state are served. These conditions may include:

1. Participation in a rehabilitation program or counseling.

2. Performance of community service restitution work.

F. Monies collected pursuant to subsection E of this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the victim compensation and assistance fund established by section 41‑2407.

G. When parole or absolute discharge from imprisonment is denied, the board, within ten days, shall prepare and deliver to the director of the state department of corrections a written statement specifying the individualized reasons for the denial of parole or absolute discharge from imprisonment unless another form of release has been granted. The prisoner may view the written statement prepared by the board. Every prisoner, having served not less than one year, may be temporarily released according to the rules of the department one hundred eighty days prior to before the expiration of the sentence or the earned release credit date, whichever first occurs, if the director finds that such the release is in the best interest of the state. The releasee shall remain under the control of the state department of corrections until expiration of the term specified in the sentence. If the releasee violates any condition of release, the releasee may be returned to custody without further process.

H. When a commutation, absolute discharge from imprisonment or parole is to be considered, the board, on request and before holding a hearing on the commutation, absolute discharge from imprisonment or parole, shall notify the attorney general, the presiding judge of the superior court, the county attorney in the county in which the prisoner requesting a commutation, absolute discharge from imprisonment or parole was sentenced, and the victim of the offense for which the prisoner is incarcerated. The notice to the victim shall be mailed to the last known address. The notice shall state the name of the prisoner requesting the commutation, absolute discharge from imprisonment or parole and shall set the month of hearing on the application. The notice to the victim shall also inform the victim of the victim's right to be present and to submit a written report to the board expressing the victim's opinion concerning the release of the prisoner. No hearing concerning commutations, absolute discharge from imprisonment or parole shall be held until fifteen days after the date of giving the notice. On mailing the notice, the board shall file a hard copy of the notice as evidence that notification was sent.

I. The provisions of this section requiring notice to the officials named in subsection H of this section shall not apply:

1. When there is imminent danger of the death of the person convicted or imprisoned.

2. When the term of imprisonment of the applicant is within two hundred ten days of expiration. END_STATUTE

Sec. 33. Section 41-1604.07, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1604.07. Earned release credits; forfeiture; restoration

A. Pursuant to rules adopted by the director, each prisoner in the eligible earned release credit class shall be allowed an earned release credit of one day for every six days served, including time served in county jails, except for those prisoners who are sentenced to serve the full term of imprisonment imposed by the court.

B. Release credits earned by a prisoner pursuant to subsection A of this section shall not reduce the term of imprisonment imposed by the court on the prisoner.

C. On reclassification of a prisoner resulting from the prisoner's failure to adhere to the rules of the department or failure to demonstrate a continual willingness to volunteer for or successfully participate in a work, educational, treatment or training program, the director may declare all release credits earned by the prisoner forfeited. In the discretion of the director forfeited release credits may subsequently be restored. The director shall maintain an account of release credits earned by each prisoner.

D. A prisoner who has reached the prisoner's earned release date or sentence expiration date shall be released to begin the prisoner's term of community supervision imposed by the court or term of probation if the court waived community supervision pursuant to section 13‑603, except that the director may deny or delay the prisoner's release to community supervision or probation if the director believes the prisoner may be a sexually violent person as defined in section 36‑3701 until the screening process is complete and the director determines that the prisoner will not be referred to the county attorney pursuant to section 36‑3702. If the term of community supervision is waived, the state department of corrections shall provide reasonable notice to the probation department of the scheduled release of the prisoner from confinement by the department. If the court waives community supervision, the director shall issue the prisoner an absolute discharge on the prisoner's earned release credit date. A prisoner who is released on the earned release credit date to serve a term of probation is not under the control of the state department of corrections when community supervision has been waived and the state department of corrections is not required to provide parole services.

E. Notwithstanding subsection D of this section, a prisoner who fails to achieve functional literacy at an eighth grade literacy level shall not be released to begin the prisoner’s term of community supervision until either the prisoner achieves an eighth grade functional literacy level as measured by standardized assessment testing or the prisoner serves the full term of imprisonment imposed by the court, whichever first occurs. This subsection does not apply to inmates who are any of the following:

1. Unable to meet the functional literacy standard required by section 31‑229.02, subsection A, due to a medical, developmental or learning disability as described in section 31‑229, subsection C.

2. Classified as level five offenders.

3. Foreign nationals.

4. Inmates who have less than six months incarceration to serve on commitment to the department.

F. The department shall establish conditions of community supervision it deems appropriate in order to ensure that the best interests of the prisoner and the citizens of this state are served. These conditions may include participation in a rehabilitation program or counseling and performance of community service restitution work, except that if the prisoner was convicted of a violation of sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age, the department shall impose as a condition of community supervision a prohibition on residing within four hundred forty feet of a school or its accompanying grounds. If a prisoner who reaches the prisoner's earned release credit date refuses to sign and agree to abide by the conditions of supervision before release on community supervision, the prisoner shall not be released. When the prisoner reaches the sentence expiration date, the prisoner shall be released to begin the term of community supervision. If the prisoner refuses to sign and agree to abide by the conditions of release, the prisoner shall not be released on the sentence expiration date and shall serve the term of community supervision in prison. The department is required to supervise any offender on community supervision until the period of community supervision expires. The department may bring an offender in violation of the offender's terms and conditions before the board of executive clemency. For the purposes of this subsection, "school" means any public, charter or private school where children attend classes.

G. The director pursuant to rules adopted by the department shall authorize the release of any prisoner on the prisoner's earned release credit date to serve any consecutive term imposed on the prisoner. The release shall be for the sentence completed only. The prisoner shall remain under the custody and control of the department. The director may authorize the rescission of the release to any consecutive term if the prisoner fails to adhere to the rules of the department.

H. If a prisoner absconds from community supervision, any time spent before the prisoner is returned to custody is excluded in calculating the remaining period of community supervision.

I. A prisoner shall forfeit five days of the prisoner's earned release credits:

1. If the court finds or a disciplinary hearing held after a review by and recommendations from the attorney general's office determines that the prisoner does any of the following:

(a) Brings a claim without substantial justification.

(b) Unreasonably expands or delays a proceeding.

(d) Submits a claim that is intended solely to harass the party it is filed against.

2. For each time the prisoner tests positive for any prohibited drugs during the period of time the prisoner is incarcerated.

J. If the prisoner does not have five days of earned release credits, the prisoner shall forfeit the prisoner's existing earned release credits and shall be ineligible from accruing earned release credits until the number of earned release credits the prisoner would have otherwise accrued equals the difference between five days and the number of existing earned release credit days the prisoner forfeits pursuant to this section.

K. The director may authorize temporary release on inmate status of eligible inmates pursuant to rules adopted by the director within ninety days of any other authorized release date. The release authorization applies to any inmate who has been convicted of a drug offense, who has been determined to be eligible for participation in the transition program pursuant to section 31‑281 and who has agreed to participate in the transition program.END_STATUTE

Sec. 34. Section 41-2822, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2822. Committed youth work program

A. The director shall establish a committed youth work program for youth in secure care facilities and on conditional liberty to ensure that:

1. All committed youth in a secure care facility shall receive work assignments commensurate and compatible with the condition and limitations of the youth's physical and mental health.

2. Committed youth on conditional liberty, as a condition of liberty, may receive work assignments. All work assignments shall be commensurate and compatible with the condition and limitations of the youth's physical and mental health.

3. No committed youth in a secure care facility or on conditional liberty shall participate participates in a work assignment that threatens the safety and security of the public, a secure care facility or the committed youth.

B. A committed youth may be exempted from the work requirement if the staff determines that the exemption is necessary for the health, safety or treatment of the youth. The director or the director's authorized designee shall review and approve each exemption of a committed youth from engaging in the work requirements of this section.

C. Notwithstanding title 23, chapter 2, article 3 relating to youth employment, each youth who is under commitment to the department, who is confined in a secure care facility under the department's jurisdiction and who is not regularly attending and making satisfactory progress in educational classes shall engage in work for at least forty hours a week unless exempted pursuant to subsection B of this section.

D. Each committed youth who is engaged in productive work while under the jurisdiction of the department may receive such compensation for the youth's work as the director shall determine. The compensation shall be in accordance with a graduated schedule based on quality and quantity of work performed and skill required for its performance.

E. The compensation of committed youth shall be paid directly by an outside entity or out of monies received pursuant to section 8‑243 or monies appropriated by the legislature.

F. A minimum of two‑thirds of any compensation earned pursuant to this section by a committed youth in a secure care facility shall be paid to the clerk of the superior court to satisfy any juvenile court restitution order made pursuant to section 8‑344. While a youth is on conditional liberty the department shall determine the amount of wages to be credited to restitution.

G. If a committed youth in a secure care facility is not subject to a restitution order but is subject to a monetary assessment by the court pursuant to section 8‑341, subsection G or H, a minimum of two‑thirds of any compensation earned shall be paid to the clerk of the superior court to satisfy the monetary assessment. While a youth is on conditional liberty the department shall determine the amount of wages to be credited to a monetary assessment.

H. If a committed youth in a secure care facility is not subject to a restitution order or a monetary assessment, two‑thirds of any compensation earned pursuant to this section shall be used to defer the costs of room and board for maintaining the committed youth at the secure care facility.

I. The department shall require the payment of court ordered restitution, monetary reimbursements or assessments as a term of conditional liberty.

J. With the approval of the juvenile court and the victim, community service restitution hours may be substituted for monetary restitution or monetary assessments at a rate deemed reasonable by the department.

K. The department may enter into contracts with this state, any political subdivision of this state or private entities in order to provide employment or vocational educational experience. Any revenues the department receives from the contracts shall be deposited, pursuant to sections 35-146 and 35-147, in the department of juvenile corrections restitution fund pursuant to section 41‑2826 and shall be used in accordance with the purposes of the fund.END_STATUTE

Sec. 35. Section 41-2825, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2825. Community work program

A. A community work program is established under the jurisdiction of the department.

B. The director may place a person granted conditional liberty in the community work program under the direction of the department.

C. The community work program shall involve community restitution programs, including graffiti abatement, park maintenance and other community service restitution activities.

D. The department may credit a youth for community service restitution pursuant to section 41‑2826 at a rate deemed reasonable by the director. Monies credited to the youth under this subsection may only be used to satisfy restitution or court ordered monetary assessments. END_STATUTE

Sec. 36. Section 41-2826, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2826. Department of juvenile corrections restitution fund; report

A. The department of juvenile corrections restitution fund is established for the payment of restitution and monetary assessments by youths who are ordered to pay restitution or monetary assessments and who are financially unable to pay or who are otherwise unable to be employed to earn money to pay restitution or monetary assessments and who are working in the committed youth work program prescribed by section 41‑2822 or the community work program established by section 41‑2825. The fund consists of federal, state and local appropriations and grants, gifts, devises and donations from any public or private source. The fund shall be used to pay a youth for the youth's work in the committed youth work program prescribed by section 41‑2822 and to provide monies for the community work program established by section 41‑2825.

B. The director may direct the payment of monies from the fund to the victim or the court for community service restitution activities the youth does to pay restitution or monetary assessments that were ordered by the juvenile court or that the youth agreed to pay as part of a community work program administered by the department. If a youth performs community service restitution pursuant to this subsection, the entity providing the work shall supervise the youth’s work. The youth shall be credited for each hour worked at an hourly rate set by the director.

C. As monies are available, the department shall pay from the fund youth who perform work or community service restitution activities for restitution and monetary assessments purposes.

D. The department may expend, for the payment of administrative costs and expenses, an amount not greater than ten per cent of the fund balance as of the end of the preceding fiscal year.

E. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.

F. On or before August 15, 2002, and each year thereafter, the department shall submit a report to the joint legislative budget committee detailing all revenues received by and expenditures made from the fund during the most recent fiscal year.END_STATUTE

Sec. 37. Section 46-803, Arizona Revised Statutes, is amended to read:

START_STATUTE46-803. Eligibility for child care assistance

A. The department shall provide child care assistance to eligible families who are attempting to achieve independence from the cash assistance program and who need child care assistance in support of and as specified in their personal responsibility agreement pursuant to chapters 1 and 2 of this title.

B. The department shall provide child care assistance to eligible families who are transitioning off of cash assistance due to increased earnings or child support income in order to accept or maintain employment. Eligible families must request this assistance within six months after the cash assistance case closure. Child care assistance may be provided for up to twenty‑four months after the case closure and shall cease whenever the family income exceeds one hundred sixty‑five per cent of the federal poverty level.

C. The department shall provide child care assistance to eligible families who are diverted from cash assistance pursuant to section 46‑298 in order to obtain or maintain employment. Child care assistance may be provided for up to twenty‑four months after the case closure and shall cease whenever the family income exceeds one hundred sixty‑five per cent of the federal poverty level.

D. The department may provide child care assistance to support eligible families with incomes of one hundred sixty‑five per cent or less of the federal poverty level to accept or maintain employment. Priority for this child care assistance shall be given to families with incomes of one hundred per cent or less of the federal poverty level.

E. The department may provide child care assistance to families referred by child protective services and to children in foster care pursuant to title 8, chapter 5 to support child protection.

F. The department may provide child care assistance to special circumstance families whose incomes are one hundred sixty‑five per cent or less of the federal poverty level and who are unable to provide child care for a portion of a twenty‑four hour day due to a crisis situation of domestic violence or homelessness, or a physical, mental, emotional or medical condition, participation in a drug treatment or drug rehabilitation program or court ordered community service restitution. Priority for this child care assistance shall be given to families with incomes of one hundred per cent or less of the federal poverty level.

G. In lieu of the employment activity required in subsection B, C or D of this section, the department may allow eligible families with teenaged custodial parents under twenty years of age to complete a high school diploma or its equivalent or engage in remedial education activities reasonably related to employment goals.

H. The department may provide supplemental child care assistance for department approved education and training activities if the eligible parent, legal guardian or caretaker relative is working at least a monthly average of twenty hours per week and this education and training are reasonably related to employment goals. The eligible parent, legal guardian or caretaker relative must demonstrate satisfactory progress in the education or training activity.

I. Beginning March 12, 2003, the department shall establish waiting lists for child care assistance and prioritize child care assistance for different eligibility categories in order to manage within appropriated and available monies.

J. The department shall establish criteria for denying, reducing or terminating child care assistance that include:

1. Whether there is a parent, legal guardian or caretaker relative available to care for the child.

2. Financial or programmatic eligibility changes or ineligibility.

3. Failure to cooperate with the requirements of the department to determine or redetermine eligibility.

4. Hours of child care need that fall within the child's compulsory academic school hours.

5. Reasonably accessible and available publicly funded early childhood education programs.

6. Whether an otherwise eligible family has been sanctioned and cash assistance has been terminated pursuant to chapter 2 of this title.

7. Other circumstances of a similar nature.

8. Whether sufficient monies exist for the assistance.

K. The department shall review each case at least once a year to evaluate eligibility for child care assistance.

L. Notwithstanding section 35‑173, monies appropriated for the purposes of this section shall not be used for any other purpose without the approval of the joint legislative budget committee. END_STATUTE

Sec. 38. Applicability

Notwithstanding the provisions of this act changing "community service" to "community restitution", this act does not affect the administration and operation of existing community service programs. The court, prosecutors and probation departments may continue to use forms that reference community service after December 31, 2005 until those forms run out. Thereafter, the court, prosecutors and probation departments shall use forms that refer to community restitution instead of community service.

Sec. 39. Effective date

Sections 5-395.01, 5-397, 8-234, 8-321, 8-323, 8-341, 8-343, 8-352, 8‑353, 8-355, 9-499.07, 11-459, 12-299.03, 12-1809, 13-901.01, 13-914, 13‑3405, 13-3406, 13-3407, 13-3408, 13-3416, 13-3826, 28-672, 28-708, 28‑1174, 28-1381, 28-1382, 28-1387, 28-8284, 28-8286, 28-8289, 31-411, 41‑1604.07, 41-2822, 41-2825, 41-2826 and 46-803, Arizona Revised Statutes, as amended by this act, are effective from and after December 31, 2005.