ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: CJR DPA/SE 9-0-0-0

HB 2190: criminal justice case information; reporting

S/E same subject

Sponsor:  Representative Roberts, LD 11

Caucus & COW

 

Summary of the Strike Everything Amendment to HB 2190

Overview

Outlines the process and specific data for criminal justice data reports (Reports). 

History

The Central State Repository (Repository) exists under the Department of Public Safety (DPS) for the collection, storage and dissemination of criminal history record information. DPS is required to conduct annual audits to ensure each criminal justice agency is complying with rules regarding criminal history record information.  Each criminal justice agency must report criminal history information to the Repository (A.R.S. § 41-2205).  

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires the Attorney General (AG) and each county attorney from a county with a population of 200,000 or more, beginning November 1,2022 and every six months thereafter, to make a Report that includes the number of felony and misdemeanor cases that: 

a)   Are charged by the respective prosecutor's office through an indictment or are filed directly with a court by a law enforcement agency;

b)   Are resolved by the respective prosecutor's office through a plea agreement and whether the defendant pleaded either guilty or no contest;

c)   Are presented by the respective prosecutor for bench or jury trial consideration and whether the case ended with:

i.   A finding of guilt;

ii. A finding of guilty except insane;

iii.   An acquittal;

iv. A dismissal based on a finding that the defendant is incompetent to stand trial;

v. A deadlocked jury; or

vi. A split decision when there is a hung jury;

d)   A first-time felony offender or a repetitive felony offender received a sentence of:

i.   Probation;

ii. Less than one year of imprisonment;

iii.   One year or more but less than three years of imprisonment;

iv. Three years or more but less than five years of imprisonment;

v. Five years or more but less than ten years of imprisonment;

vi. Ten years or more of imprisonment; or

vii.  Death. (Sec. 1)

2.   Requires each case included in the Report to contain certain specified information relating to the defendant's identity, the charges and indictment against the defendant, criminal history, trial information, the results of the proceedings and any other pertinent information.  (Sec. 1)

3.   States that beginning six months after the effective date and every six months thereafter, the AG and each county attorney that prosecutes certain specified drug charges must make a Report for each individual charge that includes the drug type and weight.  (Sec. 1) 

4.   Prohibits a prosecutor from leaving any blank responses in the required Reports.  (Sec. 1)

5.   Stipulates that a prosecutor must use the following words in a Report if the information is not available:

a)   Not collected for any data that is missing because the office failed to obtain or report the data;

b)   To be determined for any data that is missing because the requested data has not been obtained as of the date of the report;

c)   Not applicable for any data that does not apply to the specific case;

d)   Refused for any data that the individual chose not to provide; or

e)   Missing for any data that is missing.  (Sec. 1)  

6.   States that the Director (Director) for the Arizona Criminal Justice Commission (ACJC) is the designated collection point for Reports beginning on November 1, 2023.  (Sec. 1)

7.   Requires the ACJC to determine the method for each county attorney and the AG to transmit reports to the AG.  (Sec. 1)

8.   Requires the Director or ACJC, or both, to review and consolidate the data within 60 days after receiving it or at the next ACJC meeting.  (Sec. 1) 

9.   Mandates the ACJC to calculate the overall recidivism rate of all prisoners who are released from prison five, ten and fifteen years after the prisoners' release.

a)   Recidivism must be calculated separately by reconviction, reincarceration and rearrest.  (Sec. 1)

10.  Requires the Director to submit ACJC's recommendations, the recidivism rates and the consolidated data report 10 calendar days after the 60 days or 10 calendar days after ACJC adjourns to the Governor, Speaker of the House, President of the Senate and the Minority Leader in the House and Senate. 

a)   ACJC must ensure that the Report is completed in a uniform and consistent manner.  (Sec. 1)

11.  Instructs that the following occur beginning on November 1, 2023, and every six months thereafter:

a)   The county attorney from a county with a population greater than 200,000 must transmit the Reports to the ACJC;

b)   The ACJC publish the Reports, including the aggregate and case-level data, on the ACJC website in a modern accessible way to the public; and

c)   The county attorney to make publicly available the aggregate and case-level data in the Reports, including the date that the information was collected, on the county's attorneys website.  (Sec. 1)

12.  Prohibits the published Reports from containing identifying personal information.  (Sec. 1)

13.  Requires that beginning on November 1, 2023, the county attorney and public defender's office must annually publish the following information on the office's website: 

a)   The number of:

i.   Attorneys on the office's staff;

ii. Cases assigned per year per attorney;

iii.   Attorneys who worked for the office in a temporary or contract capacity during the previous calendar year;

iv. Paralegals and administrative staff who are employed by the office; and

v. Investigators who are used by the office during the previous calendar year, whether on staff or otherwise;

b)   The total expenses for compensation of experts who are used by the office, whether on staff or otherwise, including an expert who is a police officer.  (Sec. 1)

14.  Stipulates that if the AG determines that a county attorney is not complying with Reporting requirements, the AG must compel compliance by withholding monies to the county attorney that the AG administers.  (Sec. 1)

15.  States that the AG can restore funding only after the county attorney fully complies with the Reporting requirements and provides the information from the date of noncompliance through the current date and after the AG completes a compliance review.  (Sec. 1)

16.  Defines relevant terms.  (Sec. 1) 

17.  Contains a legislative intent clause. (Sec. 2)

18.  Contains an applicability clause. (Sec. 3)

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21.  ---------- DOCUMENT FOOTER ---------

22.                    HB 2190

23.  Initials LC/JR        Page 0 Caucus & COW

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25.  ---------- DOCUMENT FOOTER ---------