Introduced by Representatives Verkamp, Gardner AN ACT

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1 State of Arizona House of Representatives Forty-third Legislature Second Regular Session REFERENCE TITLE: state aid; criminal justice system Introduced by Representatives Verkamp, Gardner AN ACT amending title, chapter, article, Arizona Revised Statutes, by adding section -; amending title, chapter, article, Arizona Revised Statutes, by adding section -; amending title, chapter, article, Arizona Revised Statutes, by adding sections -.0 and -.0; amending title, chapter, article, Arizona Revised Statutes, by adding section -0; Amending title, chapter, article, Arizona Revised Statutes, by adding section -; amending section -, Arizona Revised Statutes, as added by this act; making an appropriation; relating to state aid. Be it enacted by the Legislature of the State of Arizona: Section. Title, chapter, article, Arizona Revised Statutes, is amended by adding section -, to read: -. State aid to county attorneys fund A. The state aid to county attorneys fund is established consisting of monies appropriated to the fund. The purpose of the fund is to provide state aid to county attorneys for the processing of criminal cases. B. The Arizona criminal justice commission shall administer the fund. The commission shall allocate fund monies to the county attorney in each county pursuant to section -0. C. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding by the counties for the processing of criminal cases by county attorneys. D. Monies in the fund are exempt from the provisions of section - Sec.. Title, chapter, article, Arizona Revised Statutes, is amended by adding section -, to read:

2 HB State aid to indigent defense fund A. The state aid to indigent defense fund is established consisting of monies appropriated to the fund. The purpose of the fund is to provide state aid to the county public defender, legal defender and contract indigent defense counsel for the processing of criminal cases. B. The Arizona criminal justice commission shall administer the fund. The commission shall allocate monies in the fund for the public defender, legal defender and contract indigent defense counsel in each county pursuant to section -0. C. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding provided by counties for the processing of criminal cases by the public defender, legal defender and contract indigent defense counsel in each county. D. Monies in the fund are exempt from the provisions of section - Sec.. Title, chapter, article, Arizona Revised Statutes, is amended by adding sections -.0 and -.0, to read: -.0. State aid to the courts fund A. The state aid to the courts fund is established consisting of Moines appropriated to the fund. The purpose of the fund is to provide state aid to the superior court and justice courts for the processing of criminal cases. B. The supreme court shall administer the fund. The supreme court shall allocate monies in the fund to the superior court and the justice courts in each county based on the supreme court s determination of the need for funding. In making this determination, the supreme court shall consider, at a minimum, the factors listed in subsection C of this section. C. The presiding judge of the superior court in each county, in coordination with the clerk of the court, may submit a request for funding to the supreme court. The request for funding shall include the following information:. The county s plan for implementing and completing case flow management efficiencies and the progress to date on the plan.. The felony criminal case filings in the superior court and justice courts for the preceding fiscal year.. Any special and unique circumstances that affect the ability of the courts to efficiently process criminal cases. D. By September of each year, the supreme court shall report to the governor, the legislature, each county board of supervisors and the Arizona criminal justice commission on the allocation of the fund monies for the prior fiscal year and on the progress made in achieving the goal of improved criminal case processing. E. Monies in the fund are exempt from the provisions of section - - -

3 HB Criminal case processing improvement fund A. The criminal case processing improvement fund is established consisting of monies appropriated to the fund. The purpose of the fund is to improve the processing of criminal cases in the superior court and the justice courts. B. The supreme court shall administer the fund. The supreme court shall allocate monies in the fund to counties for the planning and implementation of collaborative projects that are designed to improve the processing of criminal cases. At a minimum, the plan shall involve the county attorney, public defender, legal defender, contract indigent defense counsel, superior court and justice courts in the county. Additional criminal justice entities may also be included in the plan. C. To be eligible for funding, a county shall submit to the supreme court a plan that demonstrates how the county attorney, public defender, legal defender, contract indigent defense counsel, courts and other identified criminal justice entities will work together collaboratively to identify current problems with criminal case processing and possible solutions and efficiencies to improve the case processing time. D. By September of each year, the supreme court shall report to the governor, the legislature, each county board of supervisors and the Arizona criminal justice commission on the progress of the criminal case processing projects. E. Monies in the fund are exempt from the provisions of section - F. In order to be eligible for ongoing funding pursuant to section -, each county shall submit a request for funding pursuant to subsection C of this section by June 0,. Sec.. Title, chapter, article, Arizona Revised Statutes, is amended by adding section -0, to read: -0. State aid; administration A. The Arizona criminal justice commission shall administer the state aid to county attorneys fund established by section -. By September of each year, the commission shall distribute monies in the fund to the county attorney in each county in proportion to the number of felony criminal cases assigned to that office in the last fiscal year. The commission shall transmit the monies for each county attorney to the chief fiscal officer in each county for deposit in the county general fund. B. The Arizona criminal justice commission shall administer the state aid to indigent defense fund established by section -. By September of each fiscal year, the commission shall distribute monies in the fund to the public defender, legal defender and contract indigent defense counsel in each county in proportion to the number of felony criminal cases assigned to each office in the last fiscal year. The commission shall transmit the monies for each public defender, legal defender and contract indigent defense - -

4 HB counsel to the chief fiscal officer in each county for deposit in the county general fund. C. By September of each year, the commission shall report to each county board of supervisors, the governor, the legislature and the chief justice of the supreme court on the allocation of the monies in the state aid to county attorneys fund and the state aid to indigent defense fund. Sec.. Title, chapter, article, Arizona Revised Statutes, is amended by adding section -, to read: -. Monies allocated for state aid to the courts, county attorneys and indigent defense The state treasurer shall allocate the following monies:..0 per cent of the monies collected pursuant to section -0, paragraphs through to the state aid to county attorneys fund established by section -... per cent of the monies collected pursuant to section -0, paragraphs through to the state aid to indigent defense fund established by section -... Per cent of the monies collected pursuant to section -0, paragraphs through to the state aid to the courts fund established by section -.0. Sec.. Section -, Arizona Revised Statutes, as added by section of this act, is amended to read: -. Monies allocated for state aid to the courts, county attorneys and indigent defense The state treasurer shall allocate the following monies:..0 per cent of the monies collected pursuant to section -0, paragraphs though to the state aid to county attorneys fund established by section -... per cent of the monies collected pursuant to section -0, paragraphs through to the state aid to indigent defense fund established by section per cent of the monies collected pursuant to section -0, paragraphs through to the state aid to the courts fund established by section -.0. Sec.. Appropriation; purpose A. The sum of $,0,000 is appropriated from the state general fund to the state aid to the courts fund established by section -.0, Arizona Revised Statutes, as added by this act, for fiscal year - for the purpose of improving the processing of criminal cases in the superior court and justice courts. B. The sum of $,000 is appropriated from the state general fund to the supreme court for fiscal year - for the purpose of developing and - -

5 HB 0 implementing county criminal case processing improvement projects pursuant to section -.0, Arizona Revised Statutes, as added by this act. C. The sum of $,00,000 is appropriated from the state general fund to the state aid to county attorneys fund established by section -, Arizona Revised Statutes, as added by this act, for fiscal year - for the purpose of improving the processing of criminal cases. D. The sum of $,00,000 is appropriated from the state general fund to the state aid for indigent defense fund established by section -, Arizona Revised Statutes, as added by this act, for fiscal year - for the purpose of improving the processing of criminal cases. Sec.. Retroactivity Sections -, -, -.0 and -.0, Arizona Revised Statutes, as added by this act, are effective retroactively to from and after June 0,. Sec.. Effective date A. Section -, Arizona Revised Statutes, as added by this act, is effective from and after December,. B. Section -, Arizona Revised Statutes, as amended by this act, is effective from and after December, 000. Sec.. Intent The legislature intends that monies provided for county attorneys, indigent defense and courts pursuant to this act shall be used to improve the processing of criminal cases, so that progress can be made toward processing ninety per cent of the criminal cases within one hundred days and ninety-nine per cent of the criminal cases within one hundred eighty days. - -

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