SB1739 - 571R

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

Section 1. Section 11-392, Arizona Revised Statutes, is amended to read:

START_STATUTE11-392. Coordinated reentry planning services programs; cross-system recidivism tracking database; planning committee; annual report

A. A county may establish a coordinated reentry planning services program within a county jail for the purpose of screening and assessing persons who are booked into a county jail and connecting those persons with behavioral health and substance use disorder treatment providers at the earliest possible stage in the criminal justice process.

B. Subject to available monies, a coordinated reentry planning services program must:

1. Allow entities to access and use a cross-system recidivism tracking database that incorporates data obtained from prearrest diversion programs, reentry screenings that occur during the booking process, reentry planning that occurs before and during release and postrelease treatment engagement.

2. Allow entities to work in conjunction with counties, cities, towns and other political subdivisions of this state and with superior courts to establish an information exchange mechanism that includes reentry planning efforts.

3. Allow county and community-wide collaborative efforts to be established and maintained for jail reentry planning services that include treatment, peer support, housing, transportation and employment services and all branches of the criminal justice and court systems by developing a new coalition or extending an existing coalition.

4. Establish working agreements with coalition partners in which treatment providers use the cross-system recidivism tracking database to record postrelease treatment engagement.

5. Use the cross-system recidivism tracking database to record baseline and ongoing statistics for identified needs, referrals and future recidivism of reentry coordination participants.

C. A county that establishes a coordinated reentry planning services program shall establish a planning committee to develop the program's policies and procedures, including eligibility criteria, and program implementation and operation. At a minimum the planning committee shall consist of the following persons:

1. Representatives of the law enforcement agencies participating in the program.

2. A representative of the program services provider.

3. A public defender or the public defender's designee.

4. A prosecuting attorney or the prosecuting attorney's designee.

5. A presiding superior court judge or the superior court judge's designee.

6. A clerk of the court or the clerk's designee.

7. Other stakeholders.

D. ON OR BEFORE DECEMBER 1, 2027 AND EACH YEAR THEREAFTER, A COUNTY THAT RECEIVES MONIES TO ESTABLISH OR MAINTAIN A COORDINATED REENTRY PLANNING SERVICES PROGRAM SHALL REPORT TO THE GOVERNOR, THE GOVERNOR'S OFFICE OF STRATEGIC PLANNING AND BUDGETING, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE JOINT LEGISLATIVE BUDGET COMMITTEE ALL OF THE FOLLOWING:

1. FOR ALL PERSONS WHO COMPLETE SCREENING:

(a) THE PERCENTAGE WITH LOW, MODERATE AND HIGH MENTAL HEALTH RISKS.

(b) THE PERCENTAGE WITH LOW, MODERATE AND HIGH SUBSTANCE USE DISORDER RISKS.

(i) NO PRIMARY CARE PROVIDER.

(ii) no employment.

(iii) no insurance.

(iv) NO ACCESS TO TRANSPORTATION.

(v) PHYSICAL HEALTH CONCERNS.

(vi) No home.

(vii) VETERAN STATUS.

2. INCIDENCE OF RECIDIVISM, INCLUDING:

(a) OVERALL POPULATION RECIDIVISM RATES.

(b) RECIDIVISM RATES BY MENTAL HEALTH AND SUBSTANCE USE RISK FACTORS.

3. THE PERCENTAGE OF RELEASED INDIVIDUALS WHO ARE CONNECTED AND DIVERTED TO SERVICES, INCLUDING BEHAVIORAL HEALTH AND HOUSING SERVICES. END_STATUTE

Sec. 2. Section 13-2314.01, Arizona Revised Statutes, is amended to read:

START_STATUTE13-2314.01. Anti-racketeering revolving fund; use of monies; reports; audit

A. The anti-racketeering revolving fund is established. The attorney general shall administer the fund only under the conditions and for the purposes provided by this section. Monies in the fund are exempt from the lapsing provisions of section 35-190 and may not be transferred to the state general fund.

B. Any prosecution and investigation costs, including attorney fees, that are recovered for the state by the attorney general as a result of enforcement of civil and criminal statutes pertaining to any offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or section 13-2312, whether by final judgment, settlement or otherwise, shall be deposited in the fund established by this section.

C. Any monies received by any department or agency of this state or any political subdivision of this state from any department or agency of the United States or another state as a result of participation in any investigation or prosecution, whether by final judgment, settlement or otherwise, shall be deposited in the fund established by this section or, if the recipient is a political subdivision of this state, may be deposited in the fund established pursuant to section 13-2314.03.

D. Any monies obtained as a result of a forfeiture by any department or agency of this state under this title or under federal law shall be deposited in the fund established by this section. Any monies or other property obtained as a result of a forfeiture by any political subdivision of this state or the federal government may be deposited in the fund established by this section. Monies deposited in the fund pursuant to this section or section 13-4315 shall accrue interest and shall be held for the benefit of the agency or agencies responsible for the seizure or forfeiture to the extent of their contribution.

E. Except as provided in subsections H and I of this section, the monies and interest shall be distributed within thirty days after application to the agency or agencies responsible for the seizure or forfeiture. The agency or agencies applying for monies must submit an application in writing to the attorney general that includes a description of what the requested monies will be used for. The attorney general may deny an application that requests monies for a purpose that is not authorized by this section, section 13-4315 or federal law. Monies in the fund used by the attorney general for capital projects in excess of $1,000,000 are subject to review by the joint committee on capital review.

F. Monies in the fund may be used for the following:

1. Funding gang prevention programs, substance abuse prevention programs, substance abuse education programs, programs that provide assistance to victims of a criminal offense that is listed in section 13-2301 and witness protection pursuant to section 41-196 or for any purpose permitted by federal law relating to disposing of any property that is transferred to a law enforcement agency.

2. Investigating and prosecuting any offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or section 13-2312, including civil enforcement.

3. Paying the relocation expenses of any law enforcement officer and the officer's immediate family if the law enforcement officer is the victim of a bona fide threat that occurred because of the law enforcement officer's duties.

4. Paying the costs of the reports, audits and application approvals that are required by this section.

G. Notwithstanding subsection F of this section, beginning from and after August 27, 2025 2027, the attorney general may not use monies from the fund to pay salaries for full-time equivalent positions in the attorney general's office.

H. On or before January 28, April 28, July 28 and October 28 of each year, each department or agency of this state receiving monies pursuant to this section or section 13-2314.03 or 13-4315 or from any department or agency of the United States or another state as a result of participation in any investigation or prosecution shall file with the attorney general, the board of supervisors if the sheriff received the monies and the city or town council if the city's or town's department received the monies a report for the previous calendar quarter. The report shall be in an electronic form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures as required by subsection L of this section. The report shall not include any identifying information about specific investigations. If a department or agency of this state fails to file a report within forty-five days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the fund for the benefit of the department or agency until the report is filed. The attorney general is responsible for collecting all reports from departments and agencies of this state and transmitting the reports to the Arizona criminal justice commission at the time that the report required pursuant to subsection I of this section is submitted.

I. On or before February 21, May 21, August 21 and November 21 of each year, the attorney general shall file with the Arizona criminal justice commission a report for the previous calendar quarter. The report shall be in an electronic form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures as required by subsections K and L of this section. The report shall not include any identifying information about specific investigations. If the attorney general fails to file a report within sixty days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the fund for the benefit of the attorney general until the report is filed. If a political subdivision of this state fails to file a report with the county attorney pursuant to section 13-2314.03 within forty-five days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the fund for the benefit of the political subdivision until the report is filed.

J. On or before the last day of February, May, August and November of each year, the Arizona criminal justice commission shall compile the attorney general report and the reports of all departments and agencies of this state into a single comprehensive report for the previous calendar quarter and shall submit an electronic copy of the report to the governor, the director of the department of administration, the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the secretary of state.

K. The report that is required by subsection I of this section must include all of the following information if monies were obtained as a result of a forfeiture:

1. The name of the law enforcement agency that seized the property.

2. The date of the seizure for forfeiture.

3. The type of property seized and a description of the property seized, including, if applicable, the make, the model and the serial number of the property.

4. The location of the original seizure by law enforcement.

5. The estimated value of the property seized for forfeiture, not excluding encumbrances.

6. The criminal statute that allowed the seizure for forfeiture.

7. The criminal statute charged in the criminal case that is related to the forfeiture case.

8. The court case number of the criminal case that is related to the forfeiture case.

9. The outcome of the criminal case that is related to the forfeiture case.

10. If the property was seized by a state agency and submitted for state forfeiture proceedings but was transferred to federal authorities for forfeiture proceedings, the reason for the federal transfer.

11. The forfeiture case number.

12. The method of forfeiture proceeding, including whether it was criminal or civil, and if civil, whether a claim was filed by an owner or interest holder.

13. The venue of the forfeiture action.

14. Whether a person or entity filed a claim or counterclaim or submitted a petition asserting an interest in the property as an owner, interest holder or injured person.

15. Whether the owner, interest holder or injured person was assisted by an attorney in the forfeiture case.

16. The date of the forfeiture decision.

17. Whether there was a forfeiture settlement agreement.

18. Whether the property was awarded or partially awarded to the owner, partial owner or injured person or if the property was forfeited to the state.

19. Whether the property was sold, destroyed or retained by law enforcement.

20. The earliest date that the property was disposed of or sent for disposition.

21. The net amount of monies and proceeds received from the forfeiture.

22. The estimated administrative and storage costs and any other costs, including any costs of litigation.

23. The amount of attorney fees, costs, expenses and damages awarded and to whom the fees, costs, expenses or damages were awarded.

L. The reports that are required by subsections H and I of this section must include the following information with regard to all expenditures made from the fund for:

1. Crime, gang and substance abuse prevention programs.

2. Any injured person as defined in section 13-4301.

3. Witness protection.

4. Investigation costs, including informant fees and buy money.

5. Regular-time salaries, overtime pay and employee benefits of prosecutors.

6. Regular-time salaries, overtime pay and employee benefits of sworn law enforcement agency personnel other than prosecutors.

7. Regular-time salaries, overtime pay and employee benefits of unsworn law enforcement agency personnel other than prosecutors.

8. Professional or outside services, including services related to auditing, outside attorney fees, court reporting, expert witnesses and other court costs.

9. Travel and meals.

10. Training.

11. Conferences.

12. Vehicles purchased or leased.

13. Vehicle maintenance.

14. Canines, firearms and related equipment, including tactical gear.

15. Other capital expenditures, including furniture, computers and office equipment.

16. External publications and communications.

17. Other operating expenses, including office supplies, postage and printing. Expenses listed under this paragraph must be separately categorized.

M. Beginning in 2018 and every other year thereafter, the auditor general shall conduct a performance audit, as defined in section 41-1278, and a financial audit of the attorney general's use of monies in the fund. The audits must include all expenditures that were made by the attorney general's office from the fund for the previous two years. The auditor general shall submit copies of the performance and financial audits to the president of the senate, the speaker of the house of representatives and the chairpersons of the senate judiciary committee and the house of representatives judiciary and public safety committee, or their successor committees. The attorney general shall pay any fees and costs of the audits under this section from the fund. END_STATUTE

Sec. 3. Section 13-3828, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3828. Sex offender management board; duties; report

A. The sex offender management board is established within the department of public safety and consists of members who represent urban and rural areas of this state, who have expertise in adult and juvenile issues that relate to sex offenders and who are appointed as follows:

1. The chief justice of the supreme court shall appoint the following members, who may be active or retired and who have sufficient experience in the field:

(a) One member who represents the judicial department.

(b) One member who is a superior court judge.

2. The director of the state department of corrections shall appoint one member who represents the state department of corrections.

3. The director of the department of economic security shall appoint the following members:

(a) one member who represents the department of economic security and who has recognizable expertise in child welfare and case management intellectual and developmental disabilities.

4. The director of the department of child safety shall appoint the following members:

(b) (a) One member who is a provider of out-of-home placement services and who has recognizable expertise in providing services to juveniles who have committed sexual offenses.

4. 5. The director of the department of public safety shall appoint the following members:

(a) Two members who are licensed mental health professionals and who have recognizable expertise in the treatment of adult sex offenders.

(b) Two members who are licensed mental health professionals and who have recognizable expertise in the treatment of juveniles who have committed sexual offenses.

(d) One member who represents law enforcement and who has recognizable expertise in addressing sexual offenses and victimization.

(e) Three members who are recognized experts in the field of sexual abuse and who represent sexual abuse victims and victims' rights organizations.

(f) One public member who has expertise related to the evaluation, treatment or supervision of sex offenders.

(g) One member who is a clinical polygraph examiner and who is trained in postconviction sex offender testing.

(h) One member who is a current or former probation representative and who has recognizable expertise related to sexual offenses.

(i) One member who is a county director of human or social services and who is appointed after consultation with a statewide group representing counties.

(j) Two members who are members of a county board of supervisors or who are members of the governing council for a jurisdiction that is a contiguous city and county, one of whom represents an urban or suburban county and one of whom represents a rural county, and who are appointed after consultation with a statewide group representing counties.

(k) One member who represents the highway patrol division in the department of public safety.

5. 6. The director of the Arizona prosecuting attorneys' advisory council shall appoint one member who represents the interests of prosecuting attorneys and who has recognizable expertise in prosecuting sexual offenses.

6. 7. The superintendent of public instruction shall appoint one member who has experience with juveniles who have committed sexual offenses and who is in the public school system.

7. 8. The speaker of the house of representatives shall appoint one member of the house of representatives who shall serve as cochairperson. The speaker of the house of representatives may appoint up to two additional public members of the house of representatives who are from different political parties and who have expertise in adult and juvenile issues that relate to sex offenders.

8. 9. The president of the senate shall appoint one member of the senate who shall serve as cochairperson. The president of the senate may appoint up to two additional public members of the senate who are from different political parties and who have expertise in adult and juvenile issues that relate to sex offenders.

9. 10. The governor may appoint up to two additional members who are from different political parties.

11. The director of the Department of Health services shall appoint one member who represents the Arizona community protection and treatment center.

B. The board shall elect a chairperson from among its membership to serve a two-year term as chairperson.

B. C. Appointed Members who are appointed pursuant to subsection A of this section serve at the pleasure of the appointing authority. The initial members shall assign themselves by lot to terms of two, three and four years. All subsequent members serve four-year terms of office. The cochairpersons chairperson shall notify the governor's office of these terms. Board members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

C. D. The board shall do all of the following and shall present its recommendations, as applicable, to the legislature:

1. Develop, prescribe and revise, as appropriate, standard procedures to evaluate adult sex offenders, including adult sex offenders with developmental disabilities and serious mental illness. The recommended procedures shall:

(a) Provide for evaluating adult sex offenders.

(b) Recommend management, monitoring and treatment based on existing research.

2. Develop a procedure for evaluating, on a case-by-case basis, reliably lower-risk sex offenders whose risk to sexually reoffend may not be further reduced by participation in a treatment program that is implemented pursuant to paragraph 4 of this subsection.

3. Develop and recommend methods of intervention for adult sex offenders. The methods must prioritize the physical and psychological safety of victims and potential victims. The methods must also be appropriate to the assessed needs of the particular adult sex offender.

4. Develop, implement and revise, as appropriate, guidelines and standards to treat adult sex offenders, including adult sex offenders with intellectual and developmental disabilities and serious mental illness. The recommended guidelines and standards must incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model. The guidelines and standards may be used in the treatment of adult sex offenders who are placed on probation, imprisoned in the state department of corrections or placed on community supervision. Programs recommended to be implemented pursuant to the guidelines and standards must:

(a) Be as flexible as possible so that the programs may be accessed by each adult sex offender to prevent the adult sex offender from harming victims and potential victims.

(b) Include a continuing monitoring process and a continuum of treatment options that are available to an adult sex offender as the adult sex offender proceeds through the criminal justice system. Treatment options must be determined by a current risk assessment and evaluation and may include group counseling, individual counseling, family counseling, outpatient treatment, inpatient treatment, shared living arrangements or treatment in a therapeutic community.

(c) To the extent possible, be accessible to all adult sex offenders in the criminal justice system, including those adult sex offenders with behavioral, mental health and co-occurring disorders.

5. Establish a subcommittee to make recommendations to the board on revising the guidelines and standards developed pursuant to paragraph 4 of this subsection. At least eighty percent of the members of the subcommittee must be approved treatment providers, including one polygraph examiner.

6. Develop annual recommendations to allocate monies deposited in the state general fund pursuant to section 13-3821, subsection Q and section 13-3824, subsection B. These recommendations shall include recommendations regarding the coordination of spending monies from the state general fund with any monies spent by the state department of corrections, the department of public safety or the judicial department to evaluate and treat adult sex offenders and juveniles who have committed sexual offenses. These recommendations shall be presented to the legislature before the start of each legislative session.

7. Consult on and propose revisions to the legislature, as necessary, to the sex offender community notification risk assessment prescribed in section 13-3825. The board shall consider research on adult sex offender risk assessment and shall consider as one element the risk posed by an adult sex offender who suffers from a paraphilic disorder, psychopathy or a personality disorder that makes the person more likely to engage in sexually violent predatory offenses.

8. Research, either through direct evaluation or through a review of relevant research articles and sex offender treatment empirical data, and analyze, through a comprehensive review of evidence-based practices, the effectiveness of the evaluation and treatment policies and procedures for adult sex offenders that are developed pursuant to paragraph 4 of this subsection. This research shall specifically include reviewing and researching recidivism and factors that contribute to recidivism for adult sex offenders, the effective use of cognitive behavioral therapy to prevent recidivism, the use of polygraphs in treatment and the containment model for adult sex offender management and treatment and its effective application. The board shall advise the legislature regarding revision of the guidelines and standards for evaluation, identification and treatment, as appropriate, based on the results of the board's research and analysis. The board shall also develop and recommend a system to implement the guidelines and standards that are developed pursuant to paragraph 4 of this subsection.

9. In collaboration with the state department of corrections, the judicial department and the board of executive clemency, develop proposed criteria and make recommendations, as appropriate, for measuring an adult sex offender's progress in treatment. The recommended criteria shall assist the court and the board of executive clemency in determining whether an adult sex offender may appropriately be released from incarceration, whether the adult sex offender's level of supervision may be reduced or whether the adult sex offender may appropriately be discharged from probation or parole. At a minimum, the recommended criteria must be designed to assist the court and the board of executive clemency in determining whether the adult sex offender could be appropriately supervised in the community if the offender were released from incarceration, released to a reduced level of supervision or discharged from probation or parole.

10. In collaboration with the state department of corrections, the judicial department, The Arizona community protection and treatment center and the board of executive clemency, make recommendations for the establishment of standards for community entities that provide supervision and treatment specifically designed for adult sex offenders who have developmental disabilities or who are deemed sexually violent persons. At a minimum, the recommended standards must determine whether an entity would provide adequate support and supervision to minimize any threat that the adult sex offender may pose to the community.

11. Review the current delivery of services and the establishment of release conditions at the Arizona community protection and treatment center. The Arizona community protection and treatment center shall implement any guidelines and standards for sex offender treatment and supervision that are established by the board.

12. Research, analyze and make recommendations that reflect best practices for living arrangements for and the location of adult sex offenders within the community, including shared living arrangements. At a minimum, the board shall consider the safety issues raised by the location of adult sex offender residences, especially in proximity to public or private schools and child care facilities, and public notification of the location of adult sex offender residences. The board shall make recommendations for the adoption and revision, as appropriate, of the guidelines as it deems appropriate regarding the living arrangements for and location of adult sex offenders and adult sex offender housing.

13. Develop and make recommendations for revision, as appropriate, of recommended standard procedures to evaluate juveniles who have committed sexual offenses, including juveniles with developmental disabilities. The recommended procedures shall:

(a) Provide for evaluating juvenile offenders.

(b) Recommend behavior management, monitoring, treatment and compliance.

(c) Incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model based on the knowledge that all unlawful sexual behavior poses a risk to the community and that certain juveniles may have the capacity to change their behavior with appropriate intervention and treatment. The board shall develop and make recommendations for the implementation of methods of intervention for juveniles who have committed sexual offenses. The methods must have as a priority the physical and psychological safety of victims and potential victims and, if the methods do not reduce the safety of victims and potential victims, the methods must also be appropriate to the needs of the particular juvenile offender.

14. Develop, implement and revise, as appropriate, guidelines and standards to treat juveniles who have committed sexual offenses, including juveniles with intellectual and developmental disabilities. The guidelines and standards must incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model. The guidelines and standards may be used for juvenile offenders who are placed on probation or placed under the jurisdiction of the department of juvenile corrections or the state department of corrections. Programs recommended to be implemented pursuant to the guidelines and standards must:

(a) Be as flexible as possible so that the programs may be accessed by each juvenile offender to prevent the juvenile from harming victims and potential victims.

(b) Include a continuing monitoring process and a continuum of treatment options that are available to a juvenile offender as the juvenile proceeds through the justice system. Treatment options may include group counseling, individual counseling, family counseling, outpatient treatment, inpatient treatment, shared living arrangements and treatment in a therapeutic community.

(c) To the extent possible, be accessible to all juveniles who have committed sexual offenses and who are in the justice system, including juveniles with behavioral, mental health or co-occurring disorders.

15. Establish a subcommittee to make recommendations to the board on revising the guidelines and standards developed pursuant to paragraph 13 of this subsection. At least eighty percent of the members of the subcommittee must be approved treatment providers, including one polygraph examiner.

16. Research and analyze the effectiveness of the evaluation, identification and treatment procedures developed pursuant to paragraph 13 of this subsection for juveniles who have committed sexual offenses. The board shall make recommendations for the revision of the guidelines and standards for evaluation, identification and treatment, as appropriate, based on the results of the board's research and analysis. The board shall also develop and prescribe a system to implement the guidelines and standards that are developed pursuant to paragraph 13 of this subsection.

17. In collaboration with law enforcement agencies in this state, victim advocacy organizations, the department of education and the department of public safety, develop and revise, as appropriate, for use by schools educational materials regarding general information about adult sex offenders and juveniles who have committed sexual offenses, safety concerns related to the offenders and other relevant materials. The board shall provide the materials to the department of education, and the department of education shall make the materials available to schools in this state.

D. E. If sufficient monies are appropriated to the department of public safety, the board may request that individuals or entities that provide evaluation, treatment or polygraph services specifically to sex offenders that conform with the standards developed by the board pursuant to subsection D, paragraph 4 of this section submit to the board data and information as determined by the board. The board may use this data and information to evaluate the effectiveness of the guidelines and standards developed pursuant to this section for all of the following:

1. To evaluate the effectiveness of individuals or entities that provide evaluation, treatment or polygraph services specifically to sex offenders.

2. For any other purpose consistent with this section.

E. F. This section does not grant the board any rulemaking or spending authority.

F. G. The attorney general, each county attorney and every agency and political subdivision of this state shall supply a cochairperson the chairperson of the board, on request, with such assistance and information as is reasonably necessary to effectuate the purposes of this section.

G. H. The board shall adopt recommendations by majority vote, but the recommendations to be voted on are subject to the discretion of the cochairpersons chairperson, who must both approve a recommendation that is to be voted on. END_STATUTE

Sec. 4. Section 31-227, Arizona Revised Statutes, is amended to read:

START_STATUTE31-227. Expenses of prosecution; reimbursement of counties

A. If a person is arrested within this state for any crime committed in or adjacent and related to a correctional facility under the jurisdiction of the state department of corrections or committed while escaped from a correctional facility under the jurisdiction of the department or from the custody of officials or employees of the department while away from the correctional facility, the clerk of the court in which the legal proceedings relating to the crime are held shall prepare an itemized claim pursuant to an existing intergovernmental agreement with the state department of corrections against the state for the court costs and any other costs or fees incurred by the county on the prosecution and defense of the case and the cost of confining and keeping the prisoner. The claim shall be certified by the judge of the court, and sent to the state department of corrections.

B. On receipt of the claim, the state department of corrections shall file the claim with the department of administration and paid shall pay the claim from the appropriation for the support of the state department of corrections to the county treasurer of the county where the legal proceedings were held. The county treasurer shall deposit the monies in the county general fund. END_STATUTE

Sec. 5. Section 38-867, Arizona Revised Statutes, is amended to read:

START_STATUTE38-867. Contributions; member; employer; pickup

A. Each participant in the defined contribution plan shall contribute the following percentage of the participant's gross pensionable compensation by salary reduction that shall be deposited in the participant's annuity account:

1. For a participant as defined in section 38-865, paragraph 7, subdivision (a), item (ii), three percent.

2. For a participant as defined in section 38-865, paragraph 7, subdivision (a), item (i), nine percent.

3. For a participant as defined in section 38-865, paragraph 7, subdivision (b), seven percent.

B. A participant as defined in section 38-865 may make a onetime irrevocable election, before the participant is eligible to participate in any qualified plan of the employer, to contribute more than the percentage of the participant's gross pensionable compensation specified in this section, up to the amount allowable under section 415(c) of the internal revenue code. A participant as defined in section 38-865, paragraph 7, subdivision (b) may make a onetime irrevocable election, before the participant is eligible to participate in any qualified plan of the employer, to contribute less than the percentage of the participant's gross pensionable compensation specified in this section but may not elect to contribute less than five percent of the participant's gross pensionable compensation. The election made pursuant to this subsection shall be the participant's contribution rate for the remainder of the participant's employment.

C. Although designated as employee contributions, all participant contributions made to the defined contribution plan shall be picked up and paid by the employer in lieu of contributions by the employee. The contributions picked up by an employer may be made through a reduction in the participant's compensation. A participant in the defined contribution plan may not choose to receive the contributed amounts directly instead of the employer paying the amounts to the defined contribution plan. All participant contributions that are picked up by the employer as provided in this subsection shall be treated as employer contributions under section 414(h) of the internal revenue code, shall be excluded from the participant's gross income for federal and state income tax purposes and are includable in the gross income of the participant or the participant's beneficiaries only in the taxable year in which they are distributed.

D. Each employer shall annually make a contribution equal to the following percentages of each participant's gross pensionable compensation:

1. For a participant as defined in section 38-865, paragraph 7, subdivision (a), item (ii), three percent.

2. For a participant as defined in section 38-865, paragraph 7, subdivision (a), item (i), nine percent.

3. For a participant as defined in section 38-865, paragraph 7, subdivision (b), five and one-half percent.

E. The pro rata share of the amount paid in subsection D of this section shall be paid on each date that a participant contribution is made and shall be credited to the participant's annuity account.

F. Each participant as defined in section 38-865, paragraph 7, subdivision (a), item (i) and subdivision (b) and each employer shall contribute:

1. To the public safety personnel defined contribution retirement plan disability program established by article 4.2 of this chapter.

2. For participants who make an election pursuant to section 38-869, an equal amount for the group health benefits plan payments as specified in section 38-869 as determined by actuarial valuations reported by the board to the employer and local board, which shall be deposited in a separate account established pursuant to section 38-869.

G. A participant's contributions and earnings on those contributions are immediately vested.

H. A participant as defined in section 38-865, paragraph 7, subdivision (a) or section 38-865.01 is fully vested in the defined contribution plan after ten years of service, with employer contributions vesting at a rate of ten percent per year. If a participant described in this subsection dies or is determined to be eligible for an accidental or catastrophic disability pension pursuant to section 38-844 before completing ten years of service, the employer contributions are immediately fully vested.

I. A participant as defined in section 38-865, paragraph 7, subdivision (b) is fully vested in the defined contribution plan after three years of service, with the employer contributions vesting at the following rates:

1. Twenty-five percent after the first year of service.

2. Fifty percent after the second year of service.

3. One hundred percent after the third year of service.

J. If a participant as defined in section 38-865, paragraph 7, subdivision (b) dies or is determined to be eligible for an accidental or total and permanent disability pension pursuant to section 38-886 before completing three years of service, the employer contributions are immediately fully vested. END_STATUTE

Sec. 6. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1735, to read:

START_STATUTE41-1735. Sexual assault kit evidence tracking system; fees; rulemaking; definitions

A. the department shall establish a sexual assault kit evidence tracking system to track sexual assault kit evidence that is collected as prescribed in section 13-1426. A medical provider, law enforcement agency, public accredited crime laboratory or other person or entity that has custody or use of sexual assault kit evidence shall submit that information to the sexual assault kit evidence tracking system. The sexual assault kit evidence tracking system must:

1. Track the location and status of each sexual assault kit, including:

(a) the initial collection of evidence for the kit in a forensic medical examination.

(b) The receipt and storage of the kit at a law enforcement agency.

(d) The storage and destruction of the kit.

2. Allow a health care facility that performs a forensic medical examination of a victim, a law enforcement agency, a public accredited crime laboratory, a prosecutor or another entity that provides a chain of custody for sexual assault kit evidence to update and track the status and location of the kits.

3. Allow a victim to anonymously track and receive updates regarding the status and location of the victim's sexual assault kit evidence, with advance notification of destruction of the kit.

B. Sexual assault kit evidence Records that are entered into the sexual assault kit evidence tracking system are confidential, except that the records may be accessed by:

1. The victim for whom the sexual assault kit evidence was completed.

2. An employee of an entity listed in Subsection A of this section for the purposes of updating or tracking the status or location of the sexual assault kit evidence.

C. AFTER JUNE 30, 2026, THE DEPARTMENT SHALL DETERMINE, BASED ON USAGE, AND COLLECT ANNUAL FEES IN an AMOUNT NOT to EXCEED SIXTY PERCENT IN TOTAL OF THE SEXUAL ASSAULT KIT EVIDENCE TRACKING SYSTEM COST FROM CITIES OR TOWNS WITH SEXUAL ASSAULT KIT EVIDENCE TRACKING SYSTEM UTILIZATION RATES OF OVER THIRTY PERCENT. The department shall deposit the fees COLLECTED PURSUANT TO THIS SECTION IN THE department's IGA and ISA FUND ESTABLISHED pursuant to SECTION 35-142.

D. THE DEPARTMENT IS EXEMPT FROM THE RULEMAKING REQUIREMENTS OF CHAPTER 6 of this title FOR THE PURPOSE OF DETERMINING THE SEXUAL ASSAULT KIT EVIDENCE TRACKING SYSTEM FEE PURSUANT TO THIS SECTION.

E. For the purposes of this section:

1. "Law enforcement agency" has the same meaning prescribed in section 13-1426.

2. "Public accredited crime laboratory" has the same meaning prescribed in section 13-1426. END_STATUTE

Sec. 7. Section 26-106, Arizona Revised Statutes, is transferred and renumbered for placement in title 41, chapter 12, article 2, Arizona Revised Statutes, as section 41-1736 and, as so renumbered, is amended to read:

START_STATUTE41-1736. Anti-human trafficking grant fund

The anti-human trafficking grant fund is established consisting of monies appropriated by the legislature. Monies in the fund are continuously appropriated. The department of emergency and military affairs shall administer the fund and distribute monies from the fund to programs to reduce human trafficking in this state. To be eligible for grant monies, an anti-human trafficking program shall do either of the following:

1. Work to reduce human trafficking by providing assistance and analytical services to law enforcement agencies.

2. Provide services to victims and training to law enforcement agencies, prosecutorial agencies and the public on preventing and identifying human trafficking. END_STATUTE

Sec. 8. Section 41-2409, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2409. State aid; administration; report

A. The Arizona criminal justice commission shall administer the state aid to county attorneys fund established by section 11-539. On or before September 1 of each year, the commission shall distribute monies in the fund to each county according to the following composite index formula:

1. The three-year average of the total felony filings in the superior court in the county, divided by the statewide three-year average of the total felony filings in the superior court.

2. The county population, as adopted by the office of economic opportunity, divided by the statewide population, as adopted by the office of economic opportunity.

3. The sum of paragraphs 1 and 2 of this subsection divided by two equals the composite index.

4. The composite index for each county shall be used as the multiplier against the total funds monies appropriated from the state general fund and other monies distributed to the fund pursuant to section 41-2421.

B. The board of supervisors in each county shall separately account for the monies transmitted pursuant to subsection A of this section and may expend these monies only for the purposes specified in section 11-539. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11-539.

C. The Arizona criminal justice commission shall administer the state aid to indigent defense fund established by section 11-588. By September 1 of each fiscal year, the commission shall distribute monies in the fund to each county according to the following composite index formula:

1. The three-year average of the total felony filings in the superior court in the county divided by the statewide three-year average of the total felony filings in the superior court.

2. The county population, as adopted by the office of economic opportunity, divided by the statewide population, as adopted by the office of economic opportunity.

3. The sum of paragraphs 1 and 2 of this subsection divided by two equals the composite index.

D. The board of supervisors shall separately account for the monies transmitted pursuant to subsection C of this section and may expend these monies only for the purposes specified in section 11-588. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11-588.

E. The Arizona criminal justice commission shall administer the state aid for juvenile dependency proceedings fund established by section 41-2410. On or before September 1 of each fiscal year, the Arizona criminal justice commission shall distribute monies in the fund to each eligible county in which the three-year average of the total juvenile dependency case filings in the superior court in the county exceeds the three-year average juvenile dependency case filings in the superior court of the county for fiscal years 2012-2013, 2013-2014 and 2014-2015 based on the proportional share of the increase in petitions filings for each county in the most recent fiscal year for which juvenile dependency case filing figures are available. Distributions from the state aid for juvenile dependency proceedings fund to a county may not exceed $250,000 in any fiscal year. If a county distribution in any fiscal year is projected to exceed $250,000, the arizona criminal justice commission shall distribute monies in excess of $250,000 to the remaining counties based on the proportional share of juvenile dependency case filings statewide for each county less the juvenile dependency case filings from the counties that have reached the maximum distribution in the fiscal year.

F. The board of supervisors shall separately account for the monies distributed pursuant to subsection E of this section and may spend these monies only for the purposes specified in section 41-2410. The county treasurer shall invest these monies and interest earned shall be spent only for the purposes specified in section 41-2410.

G. On or before January 8 each year, the commission shall report to each county board of supervisors, the governor, the legislature, the joint legislative budget committee, the chief justice of the supreme court and the attorney general on the expenditure of the monies in the state aid to county attorneys fund and the state aid to indigent defense fund for the prior fiscal year and on the progress made in achieving the goal of improved criminal case processing. END_STATUTE

Sec. 9. Delayed repeal

Sections 41-2832 and 41-2833, Arizona Revised Statutes, are repealed from and after June 30, 2028.

Sec. 10. Section 41-3030.11, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3030.11. Department of public safety; termination July 1, 2030

A. The department of public safety terminates on July 1, 2030.

B. Section 13-3828, title 41, chapter 12 and this section are repealed on January 1, 2031. END_STATUTE

Sec. 11. Repeal

Section 41-3032.11, Arizona Revised Statutes, is repealed.

Sec. 12. Section 44-1531.01, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1531.01. Consumer protection-consumer fraud revolving fund; use of fund

A. The consumer protection-consumer fraud revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section. Monies in the fund are subject to legislative appropriation. Monies in the fund are exempt from the provisions of section 35-190, relating to lapsing of appropriations.

B. The fund consists of the following:

1. Any investigative or court costs, attorney fees or civil penalties recovered for the state by the attorney general as a result of enforcement of either state or federal statutes pertaining to consumer protection or consumer fraud, whether by final judgment, settlement or otherwise, except that the costs, penalties or fees recovered by a county attorney shall be retained in the county and used for investigative operations for consumer protection in the county.

2. Monies deposited pursuant to section 41-5603.

C. The attorney general shall use the monies in the fund for operating expenses, including any cost or expense associated with the tobacco master settlement agreement arbitration, consumer fraud education and investigative and enforcement operations of the consumer protection division.

D. Notwithstanding subsection C of this section, the attorney general may use up to $335,000 annually from the fund to continue the operation of the federally recognized internet crimes against children task force program. This program shall coordinate a national network of task forces that assist federal, state, local and tribal law enforcement agencies in investigations, forensic examinations and prosecutions related to the technology-facilitated sexual exploitation of children and internet crimes against children.

D. E. On or before January 15, April 15, July 15 and October 15, the attorney general shall file with the governor, with copies to the director of the department of administration, the president of the senate, the speaker of the house of representatives, the secretary of state and the staff director of the joint legislative budget committee, a full and complete account of the receipts and disbursements from the fund in the previous calendar quarter.

E. F. On or before January 15, April 15, July 15 and October 15, each county attorney who retains monies pursuant to subsection B of this section shall provide the county board of supervisors with a full and complete account of the receipts and disbursements of the monies in the previous calendar quarter. END_STATUTE

Sec. 13. Section 44-1531.02, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1531.02. Consumer restitution and remediation revolving fund; subaccounts; annual report

A. The consumer restitution and remediation revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section. On notice from the attorney general, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the appropriate subaccount of the fund.

B. The consumer restitution subaccount of the consumer restitution and remediation revolving fund is established consisting of monies collected or received by the attorney general as the result of an order of a court of competent jurisdiction, or as the result of a settlement or compromise, for the purpose of compensating specific, identifiable persons, including this state, for economic loss resulting from violations or alleged violations of consumer protection laws. The attorney general shall administer the subaccount. Monies in the subaccount are continuously appropriated. Monies in the subaccount are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The attorney general shall distribute monies in the subaccount to specific, identifiable persons as directed by a court order. The attorney general may distribute any unexpended monies in the consumer restitution subaccount to the consumer protection–consumer fraud revolving fund established by section 44-1531.01.

C. The consumer remediation subaccount of the consumer restitution and remediation revolving fund is established consisting of monies collected or received by the attorney general from a party as the result of an order of a court of competent jurisdiction, or as the result of a settlement or compromise, to rectify violations or alleged violations of consumer protection laws, other than monies collected for the benefit of specific, identifiable persons and monies for investigative or court costs, attorney fees, civil penalties or other monies recovered as a result of the enforcement of consumer protection laws deposited in the consumer protection-consumer fraud revolving fund pursuant to section 44-1531.01. The attorney general shall administer the subaccount. All monies deposited in the subaccount pursuant to opioid claims-related litigation or settlements are subject to legislative appropriation. All monies that are not from opioid claims-related litigation or settlements and that are in the subaccount up to the amount of $4,000,000 annually are continuously appropriated. Any amounts in excess of $4,000,000 are subject to legislative appropriation. Monies in the subaccount are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The attorney general may spend monies in the subaccount for programs, including consumer fraud education programs, that are intended to rectify violations or alleged violations of consumer protection laws. The attorney general may spend monies in the consumer remediation subaccount for operating expenses incurred by the department of law in administering or implementing programs intended to rectify violations or alleged violations of consumer protection laws. The attorney general shall submit an expenditure plan to the joint legislative budget committee for review before spending any monies in the subaccount.

D. On or before January 15, April 15, July 15 and October 15 each year, the attorney general shall file with the governor, with copies to the director of the department of administration, the president of the senate, the speaker of the house of representatives, the secretary of state and the staff director of the joint legislative budget committee, a full and complete account of the receipts and disbursements from the fund by subaccount in the previous calendar quarter. The account must include a separate delineated report that includes the receipts and disbursements for all opioid claims-related litigation monies.

E. ON OR BEFORE DECEMBER 31 of EACH YEAR, THE ATTORNEY GENERAL SHALL FILE WITH THE GOVERNOR'S OFFICE OF STRATEGIC PLANNING AND BUDGETING AND THE STAFF DIRECTOR OF THE JOINT LEGISLATIVE BUDGET COMMITTEE A REPORT ON THE ATTORNEY GENERAL'S CURRENT PROJECTIONS FOR TOTAL OPIOID CLAIMS-RELATED LITIGATION monies that are TO BE DEPOSITED IN THE FUND THROUGH THE LIFETIME OF ALL OPIOID SETTLEMENTS. THE REPORT SHALL ALSO INCLUDE A DETAILED ACCOUNTING OF ALL OPIOID CLAIMS-RELATED LITIGATION MONIES THAT THE ATTORNEY GENERAL HAS SPENT AS OF THE DATE OF THE REPORT, outlined BY the USE OF MONIES AND the FISCAL YEAR. END_STATUTE

Sec. 14. Laws 2023, chapter 137, section 4, as amended by Laws 2024, chapter 213, section 8 is amended to read:

Sec. 4. Fentanyl prosecution, diversion and testing fund; exemption; delayed repeal; transfer of monies

A. The fentanyl prosecution, diversion and testing fund is established consisting of monies appropriated by the legislature. The department of public safety shall administer the fund and may use monies in the fund for costs that are associated with administering the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations. The department shall allocate monies in the fund on a first-come, first-served basis to:

1. County attorneys, county sheriffs and courts to reimburse costs related to fentanyl prosecutions in this state that involve a violation of either of the following:

(a) Section 13-3408, subsection A, paragraph 2, 3 or 4, Arizona Revised Statutes.

(b) Section 13-3408, subsection A, paragraph 7, Arizona Revised Statutes, unless the violation involves the transfer or offer to transfer fentanyl.

2. Law enforcement agencies in this state to reimburse costs related to fentanyl testing.

3. Law enforcement agencies in this state to reimburse costs related to fentanyl diversion activities.

B. From and after June 30, 2025 2027, this section is repealed and any unexpended or unencumbered monies in the fentanyl prosecution, diversion and testing fund established by this section are transferred to the state general fund.

Sec. 15. Effective date

Section 38-867, Arizona Revised Statutes, as amended by this act, is effective from and after June 30, 2026.

Sec. 16. Retroactivity

A. Section 13-2314.01, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after August 26, 2025.

B. Laws 2023, chapter 137, section 4, as amended by Laws 2024, chapter 213, section 8, applies retroactively to from and after June 29, 2025.