House of Representatives

HB 2638

2009-2010 budget reconciliation; criminal justice

Sponsor: Representative Adams

 

DP

Committee on Appropriations

DPA

Caucus and COW

X

House Engrossed

 

 

HB 2638 makes various changes related to criminal justice that are necessary to implement the FY 2009-10 state budget.

Provisions

Arizona Department of Corrections

·          Requires Department of Administration (DOA) to issue a request for proposal to rebid the Arizona Department of Corrections’ (ADC) food and commissary service contracts.  The request for proposal must be submitted for review to the JLBC by November 30, 2009.  The terms must include:

v      Both the food service contract and the commissary service contract;

v      Programs designed to increase sales, commissions and the inflow of monies to inmate accounts; and

v      Be awarded by May 1, 2010.

·          Requires DOA to enter into a lease purchase agreement for the state’s prisons and specifies that the agreement must include:

v      Net available proceeds of $495 million in the General Fund;

v      A fixed term of 20 years;

v      The initial payment due in FY 2010-11;

v      The prison facilities be used as collateral; and

v      Be awarded by May 1, 2010.

·          Requires DOA to issue a request for proposal before October 1, 2009 to identify the feasibility of a concessions agreement that would allow private vendors to operate in Arizona state prison complexes, including a private vendor’s ability to operate maximum security facilities.  The request for proposal must be submitted to JCCR by March 1, 2010 for review.  The terms must include:

v      A fixed term of 50  years;

v      The cost efficiency savings be equally divided between the state and the private vendor;

v      An annual cost efficiency savings to the state; and

v      Be awarded by May 1, 2010.

 

 

·          Requires the ADC to issue a request for proposal to privatize correctional health services, including medical and dental services.  The request for proposal must be submitted to JLBC before it is issued.  This contract must:

v      Cost less than these services did in FY 2007-08; and

v      Be awarded by May 1, 2010.

·          Requires the ADC to report actual FY 2007-08, estimated FY 2009-10, requested FY 2010-11 expenditures for each line item delineated in FY 2008-09 General Appropriations Act when the ADC submits its’ FY 2010-11 budget request.

Probation

·          Increases the probation surcharge from $10 to $20. 

·          Increases the adult intensive probation fee from $50 to $75 and specifies that all of these monies must be deposited into each county’s Adult Probation Services Fund, rather than any amount over $40.   

·          Increases the average number of adults supervised by each deputy adult probation officer from 60 to 65.

·          Establishes the following minimum monthly supervision fees:

v      $50 for persons on parole;

v      $65 for persons on probation; and

v      $75 for persons on intensive probation.

·          Expands the definition of adult intensive probation team to include two adult probation officers.

·          Makes conforming changes to the interstate compacts statutes pertaining to probationer and parolee fees.

Courts

·          Funds the state’s share of justices of the peace compensation in counties with less than 1.5 million people at 19.25% in FY 2010, retroactive to July 1, 2009.  Beginning on July 1, 2010, these counties must pay 100% of the compensation and employee related expenditures for their justices of the peace.

·          Continues to exempt the photo radar citations issued from being included in the judicial productivity credit calculations in FY 2010.

·          Suspends the requirements for the following reports in FY 2009-10 and further requires the following annual reports to be submitted electronically beginning in FY 2011-12:

v      Juvenile Intensive Probation;

v      Supreme Court Program Evaluation;

v      Drug Treatment and Education Fund;

v      Annual Lengthy Trial Fund;

v      Domestic Relations Committee;

v      Child Support Committee; and

v      Emancipation of Minors.

 

 

Miscellaneous

·          Suspends the statutory caps limiting the level of the Highway User Revenue Fund (HURF) and the State Highway Fund monies available to fund Department of Public Safety (DPS) highway patrol costs for FY 2009-10.

·          Requires that any monies distributed from the Criminal Justice Enhancement Fund be deposited in the Crime Laboratory Assessment Fund and specifies that these monies are for use by the DPS.

·          Reduces the amount appropriated to the DNA Identification System Fund in Laws 2007, Chapter 261, from $3,484,000 to $980,000 for FY 2009-10.

·          Establishes the Crime Laboratory Operations Fund and requires the surcharge for attending defensive driving school be deposited in it rather than the General Fund. 

·          Requires that, on or before June 10, 2009, $2 million of the surcharges for defensive driving school be deposited in the General Fund.  Monies in excess of $2 million must be deposited in the Crime Laboratory Operations Fund until the general effective date of SB 1028.  If the surcharges for defensive driving school collected are less than $2 million, the State Treasurer must transfer the difference from the Crime Laboratory Operations Fund to the General Fund on or before June 30, 2010. 

·          Allows the Attorney General to use the monies in the Consumer Protection-Consumer Fraud Revolving Fund for any operating expenses, including any cost or expense associated with the Tobacco Master Settlement Agreement arbitration.

·          Allows monies deposited in the Transition Office Fund to be used for any costs of operating transition programs. 

·          Requires that the 11.70% of the Criminal Justice Enhancement monies, which is designated for county sheriffs, be allocated through the Office of the State Treasurer, rather than the Arizona Department of Corrections. 

·          Changes the definition of compensation in relation to DPS salaries to specify that for the purposes of computing retirement benefits, compensation does not include payments for work performed by DPS employees for a third party on a contracted basis or where a third party pays or reimburses DPS for the work performed.

·          Requires new dispatchers hired after the effective date of the bill to participate in ASRS, rather than CORP.

·          Requires the Drug and Gang Prevention Resource Center to enter into an agreement with the Arizona Criminal Justice Commission (ACJC) to provide $235,200 to the ACJC for the Arizona Youth Survey.

·          Suspends the county non-supplanting requirements associated with the following:

v      Criminal case processing (A.R.S. §§12-102.02, 12-102.03);

v      Alternative dispute resolution programs (A.R.S. § 12-135);

v      Probation services for adults and juveniles (A.R.S. §§ 12-267, 12-268, 12-299.01); and

v      Community based sentencing (A.R.S. §12-299.01).

·          Requires Legislative Council staff to prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of HB 2638 for consideration in the 49th Legislation, Second Regular Session.

·          Makes technical and conforming changes.

·          Contains a retroactive date of June 30, 2009.  

 

 

 

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Forty-ninth Legislature

First Regular Session  2          June 8, 2009

 

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