REFERENCE TITLE: extreme DUI; ignition interlocks. State of Arizona House of Representatives Forty-third Legislature Second Regular Session 1998

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1 State of Arizona House of Representatives Forty-third Legislature Second Regular Session REFERENCE TITLE: extreme DUI; ignition interlocks Introduced by epresentatives Gray, Groscost, Cooley, Brimhall, Senator Freestone: Representatives Aguirre, Armstead, Daniels, Eberhart, Fagin, Flake, Foster, Johnson, Marsh, Nichols, Weiers, Wong, Senators Bowers, Burns B, Kaites, Patterson, Petersen, Richardson G, Spitzer AN ACT amending sections -, -, -.0, -, -, -0.0, -0.0, -0, -0, -0 and -0, Arizona Revised Statutes; amending section -, Arizona Revised Statutes, as amended by Laws, chapter, section ; repealing section -, Arizona Revised Statutes, as amended by Laws, chapter, section ; amending sections -0, - and -0, Arizona Revised Statutes; changing the designation of title, chapter, article, Arizona Revised Statutes, to "general provisions"; amending title, chapter, article, Arizona Revised Statutes, by adding sections -0 and -0; amending sections -, - and -, Arizona Revised Statutes; repealing section -, Arizona Revised Statutes; amending title, chapter, article, Arizona Revised Statutes, by adding a new section -; amending sections -, - and -, Arizona Revised Statutes; amending title, chapter, article, Arizona Revised Statutes, by adding sections - and -; amending sections -, - and -, Arizona Revised Statutes; amending title, chapter, Arizona Revised Statutes, by adding article ; amending sections -0, -, -, -0, -, - and -, Arizona Revised Statutes; amending section -00, Arizona Revised Statutes, as amended by Laws, chapter, section and chapter 0, section ; amending section -00, Arizona Revised Statutes, as amended by Laws, chapter, section and chapter 0, section ; blending multiple enactments; relating to driving under the influence. Be it enacted by the Legislature of the State of Arizona: Section. Section -, Arizona Revised Statutes, is amended to read:

2 Referrals; diversions; conditions; community based alternative programs; definition A. Except as provided in subsection B of this section, before a petition is filed or an admission or adjudication hearing is held, the county attorney may divert the prosecution of a juvenile who is accused of committing a delinquent act or a child who is accused of committing an incorrigible act to a community based alternative program or to a diversion program administered by the juvenile court. B. A juvenile who is a chronic felony offender as defined in section -0, who is a violent felony offender or who is alleged to have committed a violation of section -, - or - is not eligible for diversion. C. The county attorney has sole discretion to decide whether to divert prosecution of a juvenile offender. The county attorney may designate the offenses that shall be retained by the juvenile court for diversion or that shall be referred directly to a community based alternative program. D. The county attorney or the juvenile court in cooperation with the county attorney may establish community based alternative programs. E. Except for offenses that the county attorney designates as eligible for diversion or referral to a community based alternative program, upon receipt of a referral alleging the commission of an offense, the juvenile probation officer shall submit the referral to the county attorney to determine if a petition should be filed. F. If the county attorney diverts the prosecution of a juvenile to the juvenile court, the juvenile probation officer shall conduct a personal interview with the alleged juvenile offender. At least one of the juvenile s parents or guardians shall attend the interview. The probation officer may waive the requirement for the attendance of the parent or guardian for good cause. If the juvenile acknowledges responsibility for the delinquent or incorrigible act, the juvenile probation officer shall require that the juvenile comply with one or more of the following conditions:. Participation in unpaid community service work.. Participation in a counseling program approved by the court, which is designed to strengthen family relationships and to prevent repetitive juvenile delinquency.. Participation in an education program approved by the court, which has as its goal the prevention of further delinquent behavior.. Participation in an education program approved by the court, which is designed to deal with ancillary problems experienced by the juvenile, such as alcohol or drug abuse.. Participation in a nonresidential program of rehabilitation or supervision offered by the court, or offered by a community youth serving agency and approved by the court. - -

3 Payment of restitution to the victim of the delinquent act.. Payment of a monetary assessment. G. If the juvenile successfully complies with the conditions set forth by the probation officer, the county attorney shall not file a petition in juvenile court and the program s resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment. H. In order to participate in a community based alternative program the juvenile who is referred to a program shall admit responsibility for the essential elements of the accusation and shall cooperate with the program in all of its proceedings. I. All of the following apply to each community based alternative program that is established pursuant to this section:. The juvenile s participation is voluntary.. The victim s participation is voluntary.. The community based alternative program shall ensure that the victim, the juvenile s parent or guardian and any other persons who are directly affected by an offense have the right to participate.. The participants shall agree to the consequences imposed on the juvenile or the juvenile s parent or guardian.. The meetings and records shall be open to the public. J. After holding a meeting the participants in the community based alternative program may agree on any legally reasonable consequences that the participants determine are necessary to fully and fairly resolve the matter except confinement. K. The participants shall determine consequences within thirty days after referral to the community based alternative program, and the juvenile shall complete the consequences within ninety days after the matter is referred to the community based alternative program. The county attorney or the juvenile probation officer may extend the time in which to complete the consequences for good cause. L. The community based alternative program, the juvenile, the juvenile s parent or guardian and the victim may sign a written contract in which the parties agree to the program s resolution of the matter and in which the juvenile s parent or guardian agrees to ensure that the juvenile complies with the contract. The contract may provide that the parent or guardian shall post a bond payable to this state to secure the performance of any consequence imposed on the juvenile pursuant to subsection J of this section. - -

4 M. If the juvenile successfully completes the consequences, the county attorney shall not file a petition in juvenile court and the program s resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment. N. The county attorney or juvenile court shall assess the parent of a juvenile who is diverted pursuant to subsection A of this section a fee of forty dollars unless, after determining the inability of the parent to pay the fee, the county attorney or juvenile court assesses a lesser amount. All monies assessed pursuant to this subsection shall be used for the administration and support of community based alternative programs or juvenile court diversion programs. The clerk of the superior court shall pay all monies collected from this assessment to the county treasurer for deposit in the juvenile probation fund, to be utilized as provided in section -, and the county attorney shall pay all monies collected from this assessment into the county attorney diversion fund established by section -. O. The supreme court shall annually establish an average cost per juvenile for providing diversion services in each county, based upon the monies appropriated for diversion pursuant to section -, excluding the cost of juvenile intake services provided by the juvenile court, and the number of juveniles diverted the previous year. Upon the county attorney s certification to the supreme court of the number of juveniles diverted to a county attorney community based alternative program each quarter, the annual average cost per juvenile for each juvenile diverted shall be reimbursed to the county attorney diversion fund established by section - out of monies appropriated to the supreme court for diversion programs. P. If the juvenile does not acknowledge responsibility for the offense, or fails to comply with the consequences set by the community based alternative program, the case shall be submitted to the county attorney for review. Q. After reviewing a referral, if the county attorney declines prosecution, the county attorney may return the case to the juvenile probation department for further action as provided in subsection F of this section. R. For the purposes of this section, "violent" means an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person and includes an offense listed in section

5 Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Disposition of offenses involving driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs A. A juvenile who is adjudicated delinquent for a violation of section - or - shall be incarcerated for a period of twenty-four consecutive hours. B. A juvenile who within a period of sixty months is adjudicated delinquent for a violation of section - or - and who has previously been adjudicated for a violation of section -, - or - or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section -, - or - shall be incarcerated for a period of thirty consecutive days that shall be served in a juvenile detention center or in the department of juvenile corrections. C. A juvenile who is adjudicated delinquent for a violation of section - shall be sentenced as provided in section - except that any incarceration shall be served in a juvenile detention center or in the department of juvenile corrections. D. If a juvenile admits committing a violation of section -, - or - or if the court finds that the juvenile committed a violation of section -, - or -, the juvenile hearing officer, judge or commissioner shall order the juvenile to pay at least one hundred dollars but not more than five hundred dollars plus any applicable surcharges and assessments to the public agency processing the violation or the court may order the juvenile to perform at least eighty hours of community service under the supervision of the court. E. The dates of the commission of the offense shall be the determining factor in applying the sixty month provision of subsection B of this section, irrespective of the sequence in which the offenses were committed. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts. F. In addition to any other penalties prescribed by law, if a juvenile admits committing a violation of section -, - or - or if the court finds that the juvenile committed a violation of section -, - or -, the juvenile hearing officer, judge or commissioner shall order the juvenile to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If a juvenile hearing officer, judge or commissioner determines that the juvenile requires further alcohol or other drug education or treatment, the juvenile may be required pursuant to court order to obtain education or treatment under the court s supervision from an approved facility. The juvenile hearing officer, judge or commissioner may review an - -

6 education or treatment determination at the request of the state or the defendant or on the juvenile hearing officer s, judge s or commissioner s initiative. The juvenile shall pay the costs of the screening, education or treatment unless the court waives part or all of the costs. The court may order the parent or guardian of the juvenile to pay part or all of the costs of the screening, education or treatment. Sec.. Section -.0, Arizona Revised Statutes, is amended to read: -.0. Prisoner work, community service work and home detention program; eligibility; monitoring; procedures; home detention for persons sentenced for driving under the influence of alcohol or drugs A. A city or town may establish a prisoner work, community service work and home detention program for eligible sentenced prisoners which shall be treated the same as confinement in jail. Such program shall be approved by the presiding judge of the city or town municipal court prior to its implementation. B. A prisoner is not eligible for a prisoner work, community service work and home detention program if any of the following is applicable:. The prisoner is found by the city or town to constitute a risk to either himself or other members of the community.. The prisoner has a past history of violent behavior.. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community service work and home detention program. C. For prisoners selected for the program the city or town may require electronic monitoring in the prisoner s home whenever the prisoner is not at the prisoner s regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device which constantly monitors the prisoner s location in order to determine that the prisoner has not left the prisoner s premises. In all other cases, the city or town shall implement a system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements. The city or town may place appropriate restrictions on prisoners in the program including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals determined to be detrimental to the prisoner s successful participation in the program. D. If a prisoner is required to be placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay an electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the city or town - -

7 assesses a lesser fee. The fees collected shall be used by the city or town to offset operational costs of the program. E. Prisoners selected for the home detention program shall be employed within the county in which the city or town is located. The city or town shall review the place of employment to determine whether it is appropriate for a home detention prisoner. If the prisoner is terminated from employment or does not come to work, the employer shall notify the city or town. Alternatively, or in addition, a community service work assignment may be made by the city or town to a program recommended by the community service work committee. If a prisoner is incapable of performing community service or being employed, the city or town may exempt the prisoner from these programs. F. The city or town may require that a prisoner who is employed during the week also participate in community service work programs on weekends. G. The city or town may allow prisoners to be away from home detention for special purposes including church attendance, medical appointments or funerals. H. Community service work shall include public works projects operated and supervised by the city or town or other public agencies of this state or projects sponsored and supervised by public or private community oriented organizations and agencies. I. A city or town implementing a program under this section shall appoint a community service work committee. The committee shall recommend to the city or town appropriate community service work projects for home detention prisoners. Members are not eligible to receive compensation. J. At any time the city or town may terminate a prisoner s participation in the prisoner work, community service work and home detention program and require that the prisoner complete the remaining term of the prisoner s sentence in jail confinement. K. Nothing in this section shall prohibit a city or town from entering into a joint exercise of powers agreement pursuant to section - for a prisoner work, community service work and home detention program. L. If authorized by the court, a person sentenced pursuant to section - or - shall not be placed under home detention in a prisoner work, community service work and home detention program except as provided in subsections M through R of this section. M. By a majority vote of the full membership of the governing body of the municipality after a public hearing and a finding of necessity, a city or town may establish a home detention program for persons sentenced to jail confinement pursuant to section - or -. A prisoner placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the - -

8 court assesses a lesser amount. The city or town shall use the collected monies to offset operational costs of the program. N. If the city or town establishes a home detention program under subsection M of this section, a prisoner must meet the following eligibility requirements for the program:. The provisions of subsection B of this section apply in determining eligibility for the program.. If the prisoner is sentenced under section - -, subsection B J, the prisoner first serves a minimum of twenty-four consecutive hours in jail.. Notwithstanding section - -, subsection O C, if the prisoner is sentenced under section - -, subsection D L or section -, subsection E, the prisoner first serves a minimum of fifteen consecutive days in jail before being placed under home detention.. The prisoner is required to comply with all of the following provisions for the duration of the prisoner s participation in the home detention program: (a) All of the provisions of subsections C through H of this section. (b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner s home or at the office of a person designated by the court to conduct these tests. (c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department. (d) Prohibition of association with any individual determined to be detrimental to the prisoner s successful participation in the program. (e) All other provisions of the sentence imposed.. Any additional eligibility criteria that the city or town may impose. O. If a city or town establishes a home detention program under subsection M of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner s home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner s location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection M N, paragraph of this section. P. The court shall terminate a prisoner s participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if: - -

9 The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection N, paragraph, subdivision (c) of this section, or section - -, subsection C k or E M or section -, subsection F.. The court finds that the prisoner left the premises without permission of the court or supervising authority during a time the prisoner is ordered to be on the premises. Q. At any other time the court may terminate a prisoner s participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement. R. The governing body of the city or town may terminate the program established under subsection M of this section by a majority vote of the full membership of the governing body. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Prisoner work, community service work and home detention program; eligibility; monitoring; procedures; home detention for persons sentenced for driving under the influence of alcohol or drugs; community service work committee; members; duties A. The sheriff may establish a prisoner work, community service work and home detention program for eligible sentenced prisoners which shall be treated the same as confinement in jail and shall fulfill the sheriff s duty to take charge of and keep the county jail and prisoners. B. A prisoner is not eligible for a prisoner work, community service work and home detention program if any of the following is applicable:. After independent review and determination of the jail s classification program, the prisoner is found by the sheriff to constitute a risk to either himself or other members of the community.. The prisoner has a past history of violent behavior.. The prisoner has been convicted of a serious offense as defined by section -0 or has been determined to be a dangerous and repetitive offender.. Jail time is being served as a result of a felony conviction.. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community service work and home detention program.. The prisoner is sentenced to a county jail and is being held for another jurisdiction. C. For prisoners selected for the program the sheriff may require electronic monitoring in the prisoner s home whenever the prisoner is not at his regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device which constantly - -

10 monitors the prisoner s location in order to determine that the prisoner has not left his premises. In all other cases, the sheriff shall implement a system of monitoring using visitation, telephone contact or other appropriate methods to assure compliance with the home detention requirements. The sheriff may place appropriate restrictions on prisoners in the program including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals determined to be detrimental to the prisoner s successful participation in the program. D. If a prisoner is required to be placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay an electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the sheriff assesses a lesser fee. The fees collected shall be used by the sheriff to offset operational costs of the program. E. Prisoners selected for the home detention program shall be employed in the county in which they are incarcerated. The sheriff shall review the place of employment to determine whether it is appropriate for a home detention prisoner. If the prisoner is terminated from employment or does not come to work, the employer shall notify the sheriff s office. Alternatively, or in addition, a community service work assignment may be made by the sheriff to a program recommended to the sheriff by the community service work committee. If a prisoner is incapable of performing community service or being employed, the sheriff may exempt the prisoner from these programs. F. The sheriff may require that a prisoner who is employed during the week also participate in community service work programs on weekends. G. The sheriff may allow prisoners to be away from home detention for special purposes including church attendance, medical appointments or funerals. The standard for review and determination of such leave is the same as that implemented to decide transportation requests for similar purposes made by prisoners confined in the county jail. H. Community service work shall include public works projects operated and supervised by public agencies of this state or counties, cities or towns on recommendation of the community service work committee and approval of the sheriff. The community service work committee may also recommend and the sheriff may approve other forms of community service work sponsored and supervised by public or private community oriented organizations and agencies. I. The community service work committee is established in each county and is composed of two designees of the sheriff, a representative of the county attorney s office selected by the county attorney, a representative of a local police agency selected by the police chief of the largest city in the county and three persons selected by the county board of supervisors from the private sector. A sheriff s designee shall serve as committee chairman - 0 -

11 and schedule all meetings. The committee shall meet as often as necessary, but no less than once every three months, for the purpose of considering and recommending appropriate community service work projects for home detention prisoners. The committee shall make its recommendations to the sheriff. Members are not eligible to receive compensation. J. At any time the sheriff may terminate a prisoner s participation in the prisoner work, community service work and home detention program and require that the prisoner complete the remaining term of the prisoner s sentence in jail confinement. K. If authorized by the court, a person sentenced pursuant to section - or - shall not be placed under home detention in a prisoner work, community service work and home detention program except as provided in subsections L through Q of this section. L. By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity a county may authorize the sheriff to establish a home detention program for persons sentenced to jail confinement pursuant to section - or -. If the board authorized the establishment of a home detention program, a county sheriff may establish the program. A prisoner placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program. M. If a county sheriff establishes a home detention program under subsection L of this section, a prisoner must meet the following eligibility requirements for the program:. The provisions of subsection B of this section apply in determining eligibility for the program.. If the prisoner is sentenced under section - -, subsection B J, the prisoner first serves a minimum of twenty-four consecutive hours in jail.. Notwithstanding section - -, subsection O C, if the prisoner is sentenced under section - -, subsection D L or section -, subsection E, the prisoner first serves a minimum of fifteen consecutive days in jail before being placed under home detention.. The prisoner is required to comply with all of the following requirements for the duration of the prisoner s participation in the home detention program: (a) All of the provisions of subsections C through H of this section. (b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath - -

12 or intoxication test in the prisoner s home or at the office of a person designated by the court to conduct these tests. (c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department. (d) Prohibition of association with any individual determined to be detrimental to the prisoner s successful participation in the program. (e) All other provisions of the sentence imposed.. Any additional eligibility criteria that the county may impose. N. If a county sheriff establishes a home detention program under subsection L of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner s home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner s location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection M, paragraph of this section. O. The court shall terminate a prisoner s participation in the home detention program and shall require the prisoner to complete the remaining term of the jail sentence by jail confinement if either:. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection M, paragraph, subdivision (c) of this section, or section - -, subsection C K or E M or section -, subsection F.. The prisoner leaves the premises during a time that the prisoner is ordered to be on the premises without permission of the court or supervising authority. P. At any other time the court may terminate a prisoner s participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement. Q. The sheriff may terminate the program at any time. R. A person sentenced pursuant to section - shall not be placed under home detention in a prisoner work, community service work and home detention program. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Adult probation officers and support staff; appointment; qualifications A. The presiding judge of the superior court in each county shall appoint a chief adult probation officer who shall serve at the pleasure of the presiding judge. Such chief adult probation officer, with the approval of the presiding judge of the superior court, shall appoint such deputy adult probation officers and support staff as are necessary to provide presentence - -

13 investigations and supervision services to the court. Presentence investigations and probation services may be provided to the justice courts in each county for persons who are convicted of violating section - or - or title, chapter,. or and who are placed on supervised probation by the court. Presentence investigations and supervised probation services may be provided by a county probation office to a municipal court through an intergovernmental agreement entered into by the respective county and municipality. On approval of the presiding judge and in accordance with policies and procedures developed by the supreme court, the presiding judge of the superior court may direct that presentence investigations and supervised probation services be provided for other persons if a risk of violence exists or if it would be in the best interest of justice. Those deputy adult probation officers engaged in case supervision shall supervise no more than an average of sixty adults who reside in the county on probation to the court. Such deputy adult probation officers shall hold office under rules and procedures established by the supreme court. B. Each adult probation officer appointed pursuant to subsection A of this section shall give bond in the principal amount to be fixed by the court and approved by the judge making the appointment, conditioned upon the faithful performance by such officer of the officer s official duties and the payment of all monies coming into the officer s possession as such officer to the person, officer or body entitled to receive the monies. Any adult probation officer covered by a blanket faithful performance bond payable to the county or covered by state risk management shall be deemed to be in compliance with this section. C. Probation department personnel shall qualify under minimum standards of experience and education established by the supreme court. Such standards may differ for counties of less than three hundred thousand persons from counties with three hundred thousand persons or more. Notwithstanding section -, any additional salary costs that might be required as a result of the adoption of minimum salary standards by the supreme court may be paid by funds made available to the probation department pursuant to sections - and - or by the supreme court. D. Presently appointed adult probation officers who qualify under the provisions of subsection C of this section shall be retained in their position as long as they are qualified. Sec.. Section -0.0, Arizona Revised Statutes, is amended to read: Qualified immunity A. Unless a public employee acting within the scope of the public employee s employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for: - -

14 The failure to make an arrest or the failure to retain an arrested person in custody.. An injury caused by an escaping or escaped prisoner or a youth committed to the department of juvenile corrections.. An injury resulting from the probation, community supervision or discharge of a prisoner or a youth committed to the department of juvenile corrections, from the terms and conditions of the prisoner s or youth s probation or community supervision or from the revocation of the prisoner s or youth s probation, community supervision or conditional release under the psychiatric security review board.. An injury caused by a prisoner to any other prisoner or an injury caused by a youth committed to the department of juvenile corrections to any other committed youth.. The issuance of or failure to revoke or suspend any permit, license, certificate, approval, order or similar authorization for which absolute immunity is not provided pursuant to section The failure to discover violations of any provision of law requiring inspections of property other than property owned by the public entity in question.. An injury to the driver of a motor vehicle that is attributable to the violation by the driver of section -, or - or -.. The failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal law or any law of this state.. Preventing the sale or transfer of a handgun to a person who may lawfully receive or possess a handgun. 0. The failure to detain a juvenile taken into temporary custody or arrested for a criminal offense or delinquent or incorrigible act in the appropriate detention facility, jail or lockup described in section -0. B. The qualified immunity provided in this section applies to a public entity or public employee if the injury or damage was caused by a contractor s employee or a contractor of a public entity acting within the scope of the contract. The qualified immunity provided in this section does not apply to the contractor or the contractor s employee. Sec.. Section -0.0, Arizona Revised Statutes, is amended to read: Repetitive offenders; misdemeanors If a defendant is convicted of a misdemeanor offense and the offense requires enhanced punishment because it is a second or subsequent offense, the existence of the previous conviction shall be determined by the court. The court shall allow the allegation of a prior conviction to be made in the same manner as the allegation prescribed by section - -, subsection H A. - -

15 Sec.. Section -0, Arizona Revised Statutes, is amended to read: -0. Judgment of guilt and sentence document; fingerprint; contents of document; recitations A. At the time of sentencing a person convicted of a felony offense or a violation of section -0, -0, or - or -, the court shall execute a judgment of guilt and sentence document or minute order as prescribed by this section. B. The court or a person appointed by the court shall at the time of sentencing and in open court permanently affix a fingerprint of the defendant to the document or order. C. The document or order shall recite all of the following in addition to any information deemed appropriate by the court:. The full name and date of birth of the defendant.. The name of the counsel for the defendant or, if counsel was waived, the fact that the defendant knowingly, voluntarily and intelligently waived the defendant s right to counsel after having been fully apprised of the defendant s right to counsel.. The name, statutory citation and classification of the offense.. Whether there was a finding by the trier of fact that the offense was of a dangerous or repetitive nature pursuant to section -0 or Whether the basis of the finding of guilt was by trial to a jury or to the court, or by plea of guilty or no contest.. That there was a knowing, voluntary and intelligent waiver of the right to a jury trial if the finding of guilt was based on a trial to the court.. That there was a knowing, voluntary and intelligent waiver of all pertinent rights if the finding of guilt was based on a plea of guilty or no contest.. A certification by the court or the clerk of the court that at the time of sentencing and in open court the defendant s fingerprint was permanently affixed to the document or order. D. The document or order shall be made a permanent part of the public records of the court, and the recitations contained in the document or order are prima facie evidence of the facts stated in the recitations. Sec.. Section -0, Arizona Revised Statutes, is amended to read: -0. Sentencing A. Sentences provided in section -0 for a first conviction of a felony, except those felonies involving a discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury upon another or if a specific sentence is otherwise provided, may be increased or reduced by the court within the ranges set by this subsection. Such reduction or increase shall - -

16 be based on the aggravating and mitigating circumstances contained in subsections C and D of this section and shall be within the following ranges: Minimum Maximum. For a class felony years 0 years. For a class felony. years years. For a class felony. years years. For a class felony months years. For a class felony months. years B. The upper or lower term imposed pursuant to section -0, 0-0.0, -0.0, -0.0 or -0 or subsection A of this section may be imposed only if the circumstances alleged to be in aggravation or mitigation of the crime are found to be true by the trial judge upon any evidence or information introduced or submitted to the court prior to sentencing or any evidence previously heard by the judge at the trial, and factual findings and reasons in support of such findings are set forth on the record at the time of sentencing. C. For the purpose of determining the sentence pursuant to section -0 and subsection A of this section, the court shall consider the following aggravating circumstances: 0. Infliction or threatened infliction of serious physical injury, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment under section -0.. Use, threatened use or possession of a deadly weapon or dangerous instrument during the commission of the crime, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment under section -0.. If the offense involves the taking of or damage to property, the value of the property so taken or damaged. 0. Presence of an accomplice.. Especially heinous, cruel or depraved manner in which the offense was committed.. The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value.. The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value.. At the time of the commission of the offense, the defendant was a public servant and the offense involved conduct directly related to his 0 office or employment.. The physical, emotional and financial harm caused to the victim or, if the victim has died as a result of the conduct of the defendant, the emotional and financial harm caused to the victim s immediate family. - -

17 During the course of the commission of the offense, the death of an unborn child at any stage of its development occurred.. The defendant was previously convicted of a felony within the ten years immediately preceding the date of the offense. A conviction outside the jurisdiction of this state for an offense which if committed in this state would be punishable as a felony is a felony conviction for the purposes of this paragraph.. The defendant was wearing a bulletproof vest.. If the victim of the offense is sixty-five or more years of age or is a handicapped person as defined by section -.. The defendant was convicted of a violation of section -0, subsection A, paragraph arising from an act that was committed while driving a motor vehicle and the defendant s alcohol concentration at the time of committing the offense was 0. or more. For the purposes of this paragraph, "alcohol concentration" has the same meaning prescribed in section Any other factors which the court may deem appropriate to the ends of justice. D. For the purpose of determining the sentence pursuant to section -0 and subsection A of this section, the court shall consider the following mitigating circumstances:. The age of the defendant.. The defendant s capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.. The defendant was under unusual or substantial duress, although not such as to constitute a defense to prosecution.. The degree of the defendant s participation in the crime was minor, although not so minor as to constitute a defense to prosecution.. Any other factors which the court may deem appropriate to the ends of justice. In determining what sentence to impose, the court shall take into account the amount of aggravating circumstances and whether the amount of mitigating circumstances is sufficiently substantial to call for the lesser term. If the court finds aggravating circumstances and does not find any mitigating circumstances, the court shall impose an aggravated sentence. E. The court in imposing sentence shall consider the evidence and opinions presented by the victim or the victim s immediate family at any aggravation or mitigation proceeding or in the presentence report. F. Nothing in this section shall affect any provision of law which imposes the death penalty, which expressly provides for imprisonment for life - -

18 or which authorizes or restricts the granting of probation and suspending the execution of sentence. G. Notwithstanding any other provision of this title, if a person is convicted of any class felony not involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor. The provisions of this subsection shall not apply to any person who stands convicted of a class felony and who has previously been convicted of two or more felonies. When a crime or public offense is punishable in the discretion of the court by a sentence as a class felony or a class misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney:. Files an information in superior court designating the offense as a misdemeanor; or. Files a complaint in justice court or magistrate municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court; or. Files a complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor. Sec. 0. Section -0, Arizona Revised Statutes, is amended to read: -0. Priority of payments; application to traffic offenses; orders to reimburse public monies A. If a defendant is sentenced to pay a fine, payment and enforcement of restitution take priority over payment to the state. B. Section -0 does not apply to traffic offenses, except for a violation of section -, -, -, - or - or any local ordinance relating to the same subject matter of such sections. C. The court may impose an additional fine on sentencing for any offense to require that the defendant reimburse the law enforcement agency for any public monies paid to any person. Sec.. Section -0, Arizona Revised Statutes, is amended to read: -0. Periods of probation A. Unless terminated sooner, probation may continue for the following periods: - -

19 For a class felony, seven years.. For a class felony, five years.. For a class felony, four years.. For a class or felony, three years.. For a class misdemeanor, three years.. For a class misdemeanor, two years.. For a class misdemeanor, one year. B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods:. For a violation of section - or -, five years.. For a violation of section -, ten years. C. When the court has required, as a condition of probation, that the defendant make restitution for any economic loss related to the defendant s offense and that condition has not been satisfied, the court at any time prior to the termination or expiration of probation may extend the period within the following limits:. For a felony, not more than three years.. For a misdemeanor, not more than one year. D. Notwithstanding any other provision of law, justice courts and municipal courts may impose the probation periods specified in subsection A, paragraphs, and and subsection B, paragraph of this section. E. After conviction of a felony offense or an attempt to commit any offense that is included in chapter or. of this title or section -, if probation is available, probation may continue for a term not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice. Sec.. Section -, Arizona Revised Statutes, as amended by Laws, chapter, section, is amended to read: -. Justice of the peace compensation; judicial productivity credits A. The annual salary of each justice of the peace is determinable on the basis of the total judicial productivity credits of each court as reported in statistics compiled by the Arizona supreme court according to the following formula:. Total civil filings, excluding those small claims filings heard by a volunteer hearing officer, divided by ten equals judicial productivity credits. Juvenile hearings pursuant to section - -, excluding juvenile traffic violations, shall be counted as civil filings.. Total felony complaint filings divided by ten equals judicial productivity credits.. Total misdemeanor filings divided by ten equals judicial productivity credits. - -

20 Total traffic filings of a violation of sections - through -, -, -0.0, -0.0, -0, and - and - divided by ten equals judicial productivity credits.. Total of all other traffic filings divided by sixty equals judicial productivity credits. B. Total judicial productivity credits for a justice of the peace is the sum of the figures computed in subsection A of this section. C. The board of supervisors shall use the average number of cases filed annually in each justice court for the two year period ending December, to determine the initial judicial productivity credits for each of the case load categories described in subsection A of this section. The board of supervisors shall compute judicial productivity credits every two years thereafter using the average annual filings for the preceding two year period. D. In determining the compensation levels appropriate to the case load of each justice of the peace, the board of supervisors shall use the total judicial productivity credits as follows:. Five hundred or more judicial productivity credits, seventy per cent of the annual compensation payable to a judge of the superior court.. Two hundred to four hundred ninety-nine total judicial productivity credits, sixty-five per cent of the annual compensation payable to a judge of the superior court.. One hundred fifty to one hundred ninety-nine total judicial productivity credits, fifty-five per cent of the annual compensation payable to a judge of the superior court.. One hundred to one hundred forty-nine total judicial productivity credits, fifty per cent of the annual compensation payable to a judge of the superior court.. Fifty to ninety-nine total judicial productivity credits, forty-five per cent of the annual compensation payable to a judge of the superior court.. Twenty-five to forty-nine total judicial productivity credits, thirty-five per cent of the annual compensation payable to a judge of the superior court.. Twenty-four or fewer total judicial productivity credits, a part-time case load for one justice of the peace, twenty-five per cent of the annual compensation payable to a judge of the superior court. E. If a justice court is not assigned clerical help, the board of supervisors shall multiply the total judicial productivity credits by two for purposes of determining compensation. F. If the board of supervisors divides a justice precinct into two or more precincts, the board shall set the level of compensation consistent with the intent of this section until such time as statistics are available for - 0 -

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