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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
VETOED
AMENDED
DWR;
application; administrative completeness
(NOW: homelessness; indigence; community restitution)
Purpose
Allows the court to order a person who is indigent and experiencing homelessness to perform mandatory community restitution in lieu of paying the $20 assessment that is collected for certain violations and deposited into the Judicial Collection Enhancement Fund (Fund).
Background
A person who is convicted of a criminal offense or who is found responsible for a civil traffic violation, a violation of certain local ordinances or a violation of the game and fish requirements must pay an assessment of $20, in addition to any other penalty, fine, fee, surcharge or assessment. The monies collected from the $20 assessment must be deposited into the Fund to supplement monies that are currently used for the salaries of adult and juvenile probation and surveillance officers and for support of programs and services of the superior court adult and juvenile probation departments (A.R.S. § 12-114.01).
If a monetary obligation is imposed on a defendant at sentencing and the court finds that the defendant is unable to pay all or part of the obligation, on request of the defendant the court may order the defendant to perform community restitution in lieu of the payment for all or part of the monetary obligation, except as prescribed. The court must credit community restitution at the rate of the state minimum wage (A.R.S. § 13-824).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the court to order a person who is indigent and experiencing homelessness to perform mandatory community restitution in lieu of paying the $20 assessment that is collected for certain violations and deposited into the Fund and used to supplement the adult and juvenile probation departments as prescribed.
2. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2028 creates unintended consequences for homeless defendants and that the referenced fee is already able to be waived and mitigated for all defendants who are not capable of paying.
Senate Action House Action
NR 3/23/26 W/D Final Read 6/9/26 50-5-5
JUDE 3/25/26 DPA/SE 5-2-0
3rd Read 4/13/26 16-10-4
Vetoed by the Governor 6/19/26
Prepared by Senate Research
June 24, 2026
ZD/KS/ci