Reference Title: ASRS; spousal consent

AN ACT
AMENDING TITLE 11, CHAPTER 3, ARTICLE 6, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-539; AMENDING SECTION 11-584, ARIZONA REVISED STATUTES; AMENDING TITLE 11, CHAPTER 3, ARTICLE 11, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-588; AMENDING SECTION 12-102.01, ARIZONA REVISED STATUTES; AMENDING TITLE 12, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 12-102.02 AND 12-102.03; AMENDING SECTIONS 12-116.01, 12-253 AND 12-284.03, ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 21, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 41-2409 AND 41-2421; MAKING AN APPROPRIATION; RELATING TO CRIMINAL CASE PROCESSING.

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

Section 1. Title 11, chapter 3, article 6, Arizona Revised Statutes, is amended by adding section 11-539, to read:

11-539 . State aid to county attorneys fund

A. THE STATE AID TO COUNTY ATTORNEYS FUND IS ESTABLISHED CONSISTING OF MONIES APPROPRIATED TO THE FUND AND MONIES ALLOCATED PURSUANT TO SECTION 41-2421, SUBSECTIONS B AND J. 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 EACH COUNTY PURSUANT TO SECTION 41-2409, SUBSECTION A.

C. ALL MONIES DISTRIBUTED OR SPENT FROM THE FUND SHALL BE USED TO SUPPLEMENT, NOT SUPPLANT, FUNDING AT THE LEVEL PROVIDED IN FISCAL YEAR 1997-1998 BY THE COUNTIES FOR THE PROCESSING OF CRIMINAL CASES BY COUNTY ATTORNEYS.

D. MONIES IN THE STATE AID TO COUNTY ATTORNEYS FUND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS AND ARE SUBJECT TO LEGISLATIVE APPROPRIATION.

E. THE STATE TREASURER SHALL INVEST MONIES IN THE FUND. INTEREST EARNED ON FUND MONIES SHALL BE DEPOSITED IN THE FUND.

Sec. 2. Section 11-584, Arizona Revised Statutes, is amended to read:

11-584 . Duties; reimbursement

A. The public defender shall perform the following duties:

1. Upon order of the court, defend, advise and counsel without expense to the defendant, subject to the provisions of subsection B of this section, any person who is not financially able to employ counsel in the following proceedings:

(a) Offenses triable in the superior , municipal or justice courts at all stages of the proceedings, including the preliminary examination, but only for those offenses which by law require that counsel be provided.

(b) Extradition hearings.

(c) Sanity hearings only when appointed by the court under title 36, chapter 5.

(d) Involuntary commitment hearings held pursuant to title 36, chapter 18, only if appointed by the court.

(e) Commitment hearings held pursuant to section 13-4518 only if appointed by the court.

(f) Juvenile delinquency and incorrigibility proceedings only when appointed by the court under section 8-225.

(g) Appeals to a higher court or courts.

(h) All juvenile proceedings other than delinquency and incorrigibility proceedings under subdivision (f) of this paragraph, including serving as a guardian ad litem, when appointed by the court pursuant to section 8-225, if the court appoints the public defender and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept the appointment.

(i) All mental health hearings regarding release recommendations held before the psychiatric security review board pursuant to section 13-3994, when appointed by the court as provided in section 31-502, subsection A, paragraph 9, if the court appoints the public defender and the board of supervisors has advised the presiding judge of the superior court in the county that the public defender is authorized to accept the appointment.

2. Keep a record of all services rendered by the public defender in that capacity and file with the board of supervisors an annual report of those services.

3. BY DECEMBER 1 OF EACH YEAR, FILE WITH THE PRESIDING JUDGE OF THE SUPERIOR COURT, THE CHIEF PROBATION OFFICER AND THE BOARD OF SUPERVISORS AN ANNUAL REPORT ON THE AVERAGE COST OF DEFENDING A FELONY CASE.

B. Although the services of the public defender or court appointed counsel shall be without expense to the defendant, the court may make the following assessments:

1. At the time of the defendant's initial appearance, order an indigent administrative assessment of not more than twenty-five dollars.

2. At the time of the juvenile's advisory hearing, order an administrative assessment fee of not more than twenty-five dollars to be paid by the juvenile or the juvenile's parent or guardian.

3. As a condition of probation, Require that the defendant, INCLUDING A DEFENDANT WHO IS PLACED ON PROBATION, repay to the county a reasonable amount to reimburse the county for the cost of the defendant's legal defense. Reimbursement for legal services provided to a juvenile shall be ordered pursuant to section 8-225.

C. In determining the amount and method of payment the court shall take into account the financial resources of the defendant and the nature of the burden that the payment will impose.

D. Assessments collected pursuant to subsection B of this section shall be paid into the county general fund in the account designed for use solely by the public defender and court appointed counsel to defray the costs of public defenders and court appointed counsel. THE ASSESSMENTS SHALL SUPPLEMENT, NOT SUPPLANT, FUNDING PROVIDED BY COUNTIES FOR PUBLIC DEFENSE, LEGAL DEFENSE AND CONTRACT INDIGENT DEFENSE COUNSEL IN EACH COUNTY.

Sec. 3. Title 11, chapter 3, article 11, Arizona Revised Statutes, is amended by adding section 11-588, to read:

11-588 . State aid to indigent defense fund

A. THE STATE AID TO INDIGENT DEFENSE FUND IS ESTABLISHED CONSISTING OF MONIES APPROPRIATED TO THE FUND AND MONIES ALLOCATED TO THE FUND PURSUANT TO SECTION 41-2421, SUBSECTIONS B AND J. 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 TO EACH COUNTY PURSUANT TO SECTION 41-2409, SUBSECTION C.

C. ALL MONIES DISTRIBUTED OR SPENT FROM THE FUND SHALL BE USED TO SUPPLEMENT, NOT SUPPLANT, FUNDING AT THE LEVEL PROVIDED IN FISCAL YEAR 1997-1998 BY COUNTIES FOR THE PROCESSING OF CRIMINAL CASES BY THE COUNTY PUBLIC DEFENDER, LEGAL DEFENDER AND CONTRACT INDIGENT DEFENSE COUNSEL IN EACH COUNTY.

D. MONIES IN THE STATE AID TO INDIGENT DEFENSE FUND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS AND ARE SUBJECT TO LEGISLATIVE APPROPRIATION.

E. THE STATE TREASURER SHALL INVEST MONIES IN THE FUND. INTEREST EARNED ON FUND MONIES SHALL BE DEPOSITED IN THE FUND.

Sec. 4. Section 12-102.01, Arizona Revised Statutes, is amended to read:

12-102.01 . Criminal case processing and enforcement improvement fund

A. The criminal case processing AND ENFORCEMENT 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 AND THE ENFORCEMENT OF COURT ORDERS, INCLUDING THE COLLECTION OF COURT ORDERED FEES, FINES, PENALTIES, ASSESSMENTS, SANCTIONS AND FORFEITURES .

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 AND THE ENFORCEMENT OF COURT ORDERS, INCLUDING THE COLLECTION OF COURT ORDERED FEES, FINES, PENALTIES, ASSESSMENTS, SANCTIONS AND FORFEITURES . At a minimum, each project shall involve the county attorney, county public defender, county legal defender, county contract indigent defense counsel, superior court, clerk of the superior court, county manager and justice courts in the county. Additional criminal justice entities may also be included in the project.

C. To be eligible for funding, pursuant to this section, a county shall submit to the supreme court a plan that demonstrates how the county attorney, county public defender, county legal defender, county contract indigent defense counsel, the superior court including the clerk of the superior court, the justice courts and other identified criminal justice entities will work together collaboratively to BOTH :

1. Identify current problems with criminal case processing and THE ENFORCEMENT OF COURT ORDERS, INCLUDING THE COLLECTION OF COURT ORDERED FEES, FINES, PENALTIES, ASSESSMENTS, SANCTIONS AND FORFEITURES .

2. IDENTIFY possible solutions and efficiencies to improve the case processing time AND THE ENFORCEMENT OF COURT ORDERS, INCLUDING THE COLLECTION OF COURT ORDERED FEES, FINES, PENALTIES, ASSESSMENTS, SANCTIONS AND FORFEITURES .

D. By December 1, 1998 JANUARY 8 OF EACH YEAR , the supreme court shall report to the governor, the legislature, each county board of supervisors, THE JOINT LEGISLATIVE BUDGET COMMITTEE and the Arizona criminal justice commission on the progress of the criminal case processing projects AND THE ENFORCEMENT OF COURT ORDERS, INCLUDING THE COLLECTION OF COURT ORDERED FEES, FINES, PENALTIES, ASSESSMENTS, SANCTIONS AND FORFEITURES. THE COUNTY ATTORNEY, INDIGENT DEFENSE COUNSEL AND COUNTY BOARD OF SUPERVISORS IN EACH COUNTY AND THE ATTORNEY GENERAL SHALL ASSIST THE SUPREME COURT IN PREPARING THE REPORT BY PROVIDING INFORMATION RELEVANT TO THE REPORT. THIS INFORMATION MAY BE COMBINED INTO ONE REPORT WITH THE INFORMATION REQUIRED PURSUANT TO SECTION 12-102.02, SUBSECTION D .

E. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding AT THE LEVEL provided IN FISCAL YEAR 1997-1998 by the counties and the state to improve the processing of criminal cases AND THE ENFORCEMENT OF COURT ORDERS, INCLUDING THE COLLECTION OF COURT ORDERED FEES, FINES, PENALTIES, ASSESSMENTS, SANCTIONS AND FORFEITURES .

F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and are continuously appropriated SUBJECT TO LEGISLATIVE APPROPRIATION .

G. THE STATE TREASURER SHALL INVEST MONIES IN THE FUND. INTEREST EARNED ON FUND MONIES SHALL BE DEPOSITED IN THE FUND.

Sec. 5. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-102.02, to read:

12-102.02 . State aid to the courts fund

A. THE STATE AID TO THE COURTS FUND IS ESTABLISHED CONSISTING OF MONIES APPROPRIATED TO THE FUND AND MONIES ALLOCATED PURSUANT TO SECTION 41-2421, SUBSECTIONS B AND J. THE PURPOSE OF THE FUND IS TO PROVIDE STATE AID TO THE SUPERIOR COURT, INCLUDING THE CLERK OF 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, INCLUDING THE CLERK OF THE COURT, AND THE JUSTICE COURTS IN 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 DEPARTMENT OF ECONOMIC SECURITY, DIVIDED BY THE STATEWIDE POPULATION, AS ADOPTED BY THE DEPARTMENT OF ECONOMIC SECURITY.

3. THE SUM OF PARAGRAPHS 1 AND 2 DIVIDED BY TWO EQUALS THE COMPOSITE INDEX.

4. THE COMPOSITE INDEX FOR EACH COUNTY SHALL BE USED AS THE MULTIPLIER AGAINST THE TOTAL FUNDS APPROPRIATED FROM THE STATE GENERAL FUND AND OTHER MONIES DISTRIBUTED TO THE FUND PURSUANT TO SECTION 41-2421.

C. THE PRESIDING JUDGE OF THE SUPERIOR COURT IN EACH COUNTY, IN COORDINATION WITH THE CHAIRMAN OF THE COUNTY BOARD OF SUPERVISORS OR THE CHAIRMAN'S DESIGNEE, THE CLERK OF THE SUPERIOR COURT AND THE PRESIDING JUSTICE OF THE PEACE OF THE COUNTY SHALL SUBMIT A PLAN TO THE SUPREME COURT THAT DETAILS HOW THE FUNDS ALLOCATED TO THE COUNTY PURSUANT TO THIS SECTION WILL BE USED AND HOW THE PLAN WILL ASSIST THE COUNTY IN IMPROVING CRIMINAL CASE PROCESSING. THE PRESIDING JUDGE OF THE SUPERIOR COURT, THE CHAIRMAN OF THE BOARD OF SUPERVISORS OR THE CHAIRMAN'S DESIGNEE, THE CLERK OF THE SUPERIOR COURT AND THE PRESIDING JUSTICE OF THE PEACE SHALL SIGN THE PLAN AND SHALL INDICATE THEIR ENDORSEMENT OF THE PLAN AS SUBMITTED OR SHALL OUTLINE THEIR DISAGREEMENT WITH ANY PROVISIONS OF THE PLAN. THE SUPREME COURT MAY APPROVE THE PLAN OR REQUIRE CHANGES TO THE PLAN IN ORDER TO ACHIEVE THE GOAL OF IMPROVED CRIMINAL CASE PROCESSING.

D. BY JANUARY 8, 2001 AND EVERY YEAR THEREAFTER BY JANUARY 8, THE SUPREME COURT SHALL REPORT TO THE GOVERNOR, THE LEGISLATURE, THE JOINT LEGISLATIVE BUDGET COMMITTEE, EACH COUNTY BOARD OF SUPERVISORS AND THE ARIZONA CRIMINAL JUSTICE COMMISSION ON THE EXPENDITURE OF THE FUND MONIES FOR THE PRIOR FISCAL YEAR AND ON THE PROGRESS MADE IN ACHIEVING THE GOAL OF IMPROVED CRIMINAL CASE PROCESSING. THIS INFORMATION MAY BE COMBINED INTO ONE REPORT WITH THE INFORMATION REQUIRED PURSUANT TO SECTION 12-102.01, SUBSECTION D.

E. ALL MONIES SPENT OR DISTRIBUTED FROM THE FUND SHALL BE USED TO SUPPLEMENT, NOT SUPPLANT, FUNDING AT THE LEVEL PROVIDED IN FISCAL YEAR 1997-1998 BY THE COUNTIES FOR THE PROCESSING OF CRIMINAL CASES IN THE SUPERIOR COURT, INCLUDING THE OFFICE OF THE CLERK OF THE SUPERIOR COURT, AND JUSTICE COURTS.

F. MONIES IN THE STATE AID TO THE COURTS FUND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS AND ARE SUBJECT TO LEGISLATIVE APPROPRIATION.

G. THE STATE TREASURER SHALL INVEST MONIES IN THE FUND. INTEREST EARNED ON FUND MONIES SHALL BE DEPOSITED IN THE FUND.

Sec. 6. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-102.03, to read:

12-102.03 . Local courts assistance fund

A. THE LOCAL COURTS ASSISTANCE FUND IS ESTABLISHED CONSISTING OF MONIES ALLOCATED TO THE FUND PURSUANT TO SECTION 41-2421, SUBSECTIONS E AND G. THE PURPOSE OF THE FUND IS TO PROVIDE STATE AID TO THE SUPERIOR COURT, INCLUDING THE CLERK OF THE COURT AND THE JUSTICE COURTS IN EACH COUNTY FOR THE PROCESSING OF CRIMINAL CASES.

B. THE PLAN REQUIRED PURSUANT TO SECTION 12-102.02, SUBSECTION C, SHALL INCLUDE THE PLANNED EXPENDITURE OF MONIES RECEIVED PURSUANT TO THIS SECTION. THIS PLAN MUST BE APPROVED BY THE SUPREME COURT PRIOR TO THE EXPENDITURE OF SUCH MONIES.

C. THE COUNTY TREASURER SHALL INVEST MONIES IN THE FUND. INTEREST EARNED ON FUND MONIES SHALL BE DEPOSITED IN THE FUND.

D. ALL MONIES DISTRIBUTED OR SPENT FROM THE FUND SHALL BE USED TO SUPPLEMENT, NOT SUPPLANT, FUNDING AT THE LEVEL PROVIDED IN FISCAL YEAR 1997-1998 BY THE COUNTIES FOR THE PROCESSING OF CRIMINAL CASES.

Sec. 7. Section 12-116.01, Arizona Revised Statutes, is amended to read:

12-116.01 . Assessments; fund deposits

A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of forty-seven per cent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

B. IN ADDITION TO ANY OTHER PENALTY ASSESSMENT PROVIDED BY LAW, AN ADDITIONAL PENALTY ASSESSMENT SHALL BE LEVIED IN AN AMOUNT OF SEVEN PER CENT ON EVERY FINE, PENALTY AND FORFEITURE IMPOSED AND COLLECTED BY THE COURTS FOR CRIMINAL OFFENSES AND ANY CIVIL PENALTY IMPOSED AND COLLECTED FOR A CIVIL TRAFFIC VIOLATION AND FINE, PENALTY OR FORFEITURE FOR A VIOLATION OF THE MOTOR VEHICLE STATUTES, FOR ANY LOCAL ORDINANCE RELATING TO THE STOPPING, STANDING OR OPERATION OF A VEHICLE OR FOR A VIOLATION OF THE GAME AND FISH STATUTES IN TITLE 17.

B. C. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the assessment prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of the assessment pursuant to subsection E F of this section. If bail, bond or deposit is returned, the assessment made pursuant to this article shall also be returned.

C. D. After addition of the penalty assessment, the courts may round the total amount due to the nearest one-quarter dollar.

D. E. The judge may waive all or part of the civil penalty, fine, forfeiture and penalty assessment, except for mandatory civil penalties and fines, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the penalty assessments prescribed by subsection SUBSECTIONS A AND B of this section and section 12-116.02. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and penalty assessment is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the penalty assessment represent of the total amount due.

E. F. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the assessments collected pursuant to subsections A , and B AND C of this section and a remittance report of the fines, civil penalties and assessments collected pursuant to subsections A , and B AND C of this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and assessments to the city treasurer.

F. G. The appropriate authorities specified in subsection E F of this section shall transmit the forty-seven per cent penalty assessment prescribed in subsection A of this section and the remittance report as required in subsection E F of this section to the state treasurer on or before the fifteenth day of each month for deposit in the criminal justice enhancement fund established in BY section 41-2401.

H. THE APPROPRIATE AUTHORITIES SPECIFIED IN SUBSECTION F OF THIS SECTION SHALL TRANSMIT THE SEVEN PER CENT PENALTY ASSESSMENT PRESCRIBED IN SUBSECTION B OF THIS SECTION AND THE REMITTANCE REPORT AS REQUIRED IN SUBSECTION F OF THIS SECTION TO THE STATE TREASURER ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH FOR ALLOCATION PURSUANT TO SECTION 41-2421, SUBSECTION J.

G. I. Partial payments of the amount due shall be transmitted as prescribed in subsections E and F, G AND H of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the penalty assessment represent of the total amount due.

Sec. 8. Section 12-253, Arizona Revised Statutes, is amended to read:

12-253 . Powers and duties

The adult probation officer shall:

1. Make and file a complete record of persons placed under suspended sentence by the court, and of all reports made to him THE OFFICER in writing or in person, in accordance with the conditions imposed by the court.

2. Exercise general supervision and observation over persons under suspended sentence, subject to control and direction by the court.

3. Serve warrants, make arrests and bring persons before the court who are under suspended sentences. Such THE officer has the authority of a peace officer in the performance of his THE OFFICER'S duties.

4. Investigate cases referred to him THE OFFICER for investigation by the court in which he THE OFFICER is serving and report thereon to the court. In an investigation for a presentence report, the adult probation officer shall promptly inquire into the circumstances of the offense, the convicted person's history of delinquency or criminality, social history, employment history, family situation, economic status, INCLUDING THE ABILITY TO CONTRIBUTE TO REIMBURSEMENT FOR THE COSTS OF THE PERSON'S LEGAL DEFENSE PURSUANT TO SECTION 11-584, education , AND personal habits , . THE PRESENTENCE REPORT SHALL CONTAIN A RECOMMENDATION BY THE OFFICER REGARDING CONTRIBUTION BY THE CONVICTED PERSON TOWARD THE COSTS OF LEGAL DEFENSE PURSUANT TO SECTION 11-584. THE OFFICER SHALL ALSO PROMPTLY INQUIRE INTO the physical, emotional and financial impact of the offense on the victim and the emotional and financial impact of the offense on the immediate family of the victim . The adult probation officer AND shall also notify the victim or the immediate family of the victim of the right to appear personally or by counsel at any aggravation or mitigation proceeding.

5. Secure and keep a complete identification record of every person released under a suspended sentence and a written statement of the conditions of the suspension.

6. Obtain and assemble information concerning the conduct of persons placed under suspended sentence and report the information to the court.

7. Bring defaulting probationers into court when in his judgment the conduct of the probationer justifies the court to revoke suspension of the sentence.

Sec. 9. Section 12-284.03, Arizona Revised Statutes, is amended to read:

12-284.03 . Distribution of fees

A. Beginning on January 1, 1998, excluding the monies that are kept by the court pursuant to subsection B of this section, the county treasurer shall transmit, distribute or deposit all monies received from the clerk of the superior court pursuant to section 12-284, subsection K as follows:

1. 1.31 per cent to the state treasurer for deposit in the drug and gang enforcement account established by section 41-2402 for the purposes of section 41-2402, subsection H.

2. 8.87 per cent to the state treasurer for deposit in the domestic violence shelter fund established by section 36-3002.

3. 1.93 per cent to the state treasurer for deposit in the child abuse prevention fund established by section 8-550.01.

4. In the county law library fund established pursuant to section 12-305, the following percentages:

(a) 8.42 7.62 per cent if the county treasurer is serving in a county with a population of more than five hundred thousand persons according to the most recent United States decennial census, or

(b) 15.30 per cent if the county treasurer is serving in a county with a population of five hundred thousand persons or less according to the most recent United States decennial census.

5. 0.35 per cent to the state treasurer for deposit in the alternative dispute resolution fund established by section 12-135.

6. To the elected officials' retirement plan fund established by section 38-802, the following percentages, which shall be distributed to the fund pursuant to section 38-810:

(a) 22.18 23.79 per cent if the county treasurer is serving in a county with a population of more than five hundred thousand persons according to the most recent United States decennial census, or

(b) 15.30 per cent if the county treasurer is serving in a county with a population of five hundred thousand persons or less according to the most recent United States decennial census.

7. 17.07 per cent to the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113.

8. 0.26 per cent to the state treasurer for deposit in the confidential intermediary and private fiduciary fund established by section 8-135.

9. IN THE COUNTY GENERAL FUND, THE FOLLOWING PERCENTAGES:

(a) 31.29 PER CENT IF THE COUNTY TREASURER IS SERVING IN A COUNTY WITH A POPULATION OF MORE THAN FIVE HUNDRED THOUSAND PERSONS ACCORDING TO THE MOST RECENT UNITED STATES DECENNIAL CENSUS.

(b) 32.10 per cent in the county general fund IF THE COUNTY TREASURER IS SERVING IN A COUNTY WITH A POPULATION OF FIVE HUNDRED THOUSAND PERSONS OR LESS ACCORDING TO THE MOST RECENT UNITED STATES DECENNIAL CENSUS .

B. 7.51 per cent of the monies transmitted, distributed or deposited pursuant to subsection A of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by section 12-116, subsection B.

Sec. 10. Title 41, chapter 21, article 1, Arizona Revised Statutes, is amended by adding section 41-2409, to read:

41-2409 . State aid; administration

A. THE ARIZONA CRIMINAL JUSTICE COMMISSION SHALL ADMINISTER THE STATE AID TO COUNTY ATTORNEYS FUND ESTABLISHED BY SECTION 11-539. BY 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 DEPARTMENT OF ECONOMIC SECURITY, DIVIDED BY THE STATEWIDE POPULATION, AS ADOPTED BY THE DEPARTMENT OF ECONOMIC SECURITY.

3. THE SUM OF PARAGRAPHS 1 AND 2 DIVIDED BY TWO EQUALS THE COMPOSITE INDEX.

4. THE COMPOSITE INDEX FOR EACH COUNTY SHALL BE USED AS THE MULTIPLIER AGAINST THE TOTAL FUNDS 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 DEPARTMENT OF ECONOMIC SECURITY, DIVIDED BY THE STATEWIDE POPULATION, AS ADOPTED BY THE DEPARTMENT OF ECONOMIC SECURITY.

3. THE SUM OF PARAGRAPHS 1 AND 2 DIVIDED BY TWO EQUALS THE COMPOSITE INDEX.

4. THE COMPOSITE INDEX FOR EACH COUNTY SHALL BE USED AS THE MULTIPLIER AGAINST THE TOTAL FUNDS APPROPRIATED FROM THE STATE GENERAL FUND AND OTHER MONIES DISTRIBUTED TO THE FUND PURSUANT TO SECTION 41-2421.

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. BY JANUARY 8, 2001 AND BY JANUARY 8 EACH YEAR THEREAFTER, 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.

Sec. 11. Title 41, chapter 21, article 1, Arizona Revised Statutes, is amended by adding section 41-2421, to read:

41-2421 . Enhanced collections; allocation of monies; criminal justice entities

A. NOTWITHSTANDING ANY OTHER LAW AND EXCEPT AS PROVIDED IN SUBSECTION J OF THIS SECTION, FIVE PER CENT OF ANY MONIES COLLECTED BY THE SUPREME COURT AND THE COURT OF APPEALS FOR THE PAYMENT OF FILING FEES, INCLUDING CLERK FEES, DIVERSION FEES, FINES, PENALTIES, SURCHARGES, SANCTIONS AND FORFEITURES SHALL BE TRANSMITTED TO THE STATE TREASURER FOR ALLOCATION PURSUANT TO SUBSECTION B OF THIS SECTION. THIS SUBSECTION DOES NOT APPLY TO MONIES COLLECTED BY THE COURTS PURSUANT TO SECTION 16-594, SUBSECTION C, OR FOR CHILD SUPPORT, RESTITUTION OR EXONERATED BONDS.

B. THE STATE TREASURER SHALL ALLOCATE THE MONIES DEPOSITED PURSUANT TO SUBSECTION A OF THIS SECTION ACCORDING TO THE FOLLOWING FORMULA:

1. 21.61 PER CENT TO THE STATE AID TO COUNTY ATTORNEYS FUND ESTABLISHED BY SECTION 11-539.

2. 20.53 PER CENT TO THE STATE AID TO INDIGENT DEFENSE FUND ESTABLISHED BY SECTION 11-588.

3. 57.37 PER CENT TO THE STATE AID TO THE COURTS FUND ESTABLISHED BY SECTION 12-102.02.

4. 0.49 PER CENT TO THE DEPARTMENT OF LAW FOR THE PROCESSING OF CRIMINAL CASES.

C. NOTWITHSTANDING ANY OTHER LAW AND EXCEPT AS PROVIDED IN SUBSECTION J OF THIS SECTION, FIVE PER CENT OF ANY MONIES COLLECTED BY THE SUPERIOR COURT, INCLUDING THE CLERK OF THE COURT AND THE JUSTICE COURTS IN EACH COUNTY FOR THE PAYMENT OF FILING FEES, INCLUDING CLERK FEES, DIVERSION FEES, ADULT AND JUVENILE PROBATION FEES, JUVENILE MONETARY ASSESSMENTS, FINES, PENALTIES, SURCHARGES, SANCTIONS AND FORFEITURES, SHALL BE TRANSMITTED TO THE COUNTY TREASURER FOR ALLOCATION PURSUANT TO SUBSECTIONS E, F, G AND H OF THIS SECTION. THIS SUBSECTION DOES NOT APPLY TO MONIES COLLECTED BY THE COURTS PURSUANT TO SECTION 16-594, SUBSECTION C OR FOR CHILD SUPPORT, RESTITUTION OR EXONERATED BONDS.

D. THE SUPREME COURT SHALL ADOPT GUIDELINES REGARDING THE COLLECTION OF REVENUES PURSUANT TO SUBSECTIONS A AND C.

E. THE COUNTY TREASURER SHALL ALLOCATE THE MONIES DEPOSITED PURSUANT TO SUBSECTION C OF THIS SECTION ACCORDING TO THE FOLLOWING FORMULA:

1. 21.61 PER CENT FOR THE PURPOSES SPECIFIED IN SECTION 11-539.

2. 20.53 PER CENT FOR THE PURPOSES SPECIFIED IN SECTION 11-588.

3. 57.37 PER CENT TO THE LOCAL COURTS ASSISTANCE FUND ESTABLISHED BY SECTION 12-102.03.

4. 0.49 PER CENT TO THE STATE TREASURER FOR TRANSMITTAL TO THE DEPARTMENT OF LAW FOR THE PROCESSING OF CRIMINAL CASES.

F. THE BOARD OF SUPERVISORS IN EACH COUNTY SHALL SEPARATELY ACCOUNT FOR ALL MONIES RECEIVED PURSUANT TO SUBSECTIONS C AND E OF THIS SECTION AND EXPENDITURES OF THESE MONIES MAY BE MADE ONLY AFTER THE REQUIREMENTS OF SUBSECTIONS G AND H OF THIS SECTION HAVE BEEN MET.

G. BY DECEMBER 1 OF EACH YEAR EACH COUNTY BOARD OF SUPERVISORS SHALL CERTIFY IF THE TOTAL REVENUES RECEIVED BY THE JUSTICE COURTS AND THE SUPERIOR COURT, INCLUDING THE CLERK OF THE SUPERIOR COURT, EXCEED THE AMOUNT RECEIVED IN FISCAL YEAR 1997-1998. IF THE BOARD SO CERTIFIES, THEN THE BOARD SHALL DISTRIBUTE THE LESSER OF EITHER:

1. THE TOTAL AMOUNT DEPOSITED PURSUANT TO SUBSECTION C OF THIS SECTION.

2. THE AMOUNT COLLECTED AND DEPOSITED PURSUANT TO SUBSECTION C OF THIS SECTION THAT EXCEEDS THE BASE YEAR COLLECTIONS OF FISCAL YEAR 1997-1998. THESE MONIES SHALL BE DISTRIBUTED ACCORDING TO THE FORMULA SPECIFIED IN SUBSECTION E OF THIS SECTION. ANY MONIES REMAINING AFTER THIS ALLOCATION SHALL BE TRANSMITTED AS OTHERWISE PROVIDED BY LAW.

H. IF A COUNTY BOARD OF SUPERVISORS DETERMINES THAT THE TOTAL REVENUES TRANSMITTED BY THE SUPERIOR COURT, INCLUDING THE CLERK OF THE SUPERIOR COURT AND THE JUSTICE COURTS IN THE COUNTY DOES NOT EQUAL THE BASE YEAR COLLECTIONS TRANSMITTED IN FISCAL YEAR 1997-1998, THE MONIES SPECIFIED IN SUBSECTION C OF THIS SECTION SHALL BE TRANSMITTED BY THE COUNTY TREASURER AS OTHERWISE PROVIDED BY LAW.

I. FOR THE PURPOSES OF THIS SECTION, "BASE YEAR COLLECTIONS" SHALL BE THOSE COLLECTIONS SPECIFIED IN SUBSECTION C OF THIS SECTION.

J. MONIES COLLECTED PURSUANT TO SECTION 12-116.01, SUBSECTION B SHALL BE ALLOCATED AS FOLLOWS:

1. 15.44 PER CENT TO THE STATE AID TO COUNTY ATTORNEYS FUND ESTABLISHED BY SECTION 11-539.

2. 14.66 PER CENT TO THE STATE AID TO INDIGENT DEFENSE FUND ESTABLISHED BY SECTION 11-588.

3. 40.97 PER CENT TO THE STATE AID TO THE COURTS FUND ESTABLISHED BY SECTION 12-102.02.

4. 0.35 PER CENT TO THE DEPARTMENT OF LAW FOR THE PROCESSING OF CRIMINAL CASES.

5. 14.29 PER CENT TO THE ARIZONA CRIMINAL JUSTICE COMMISSION FOR DISTRIBUTION TO STATE, COUNTY AND MUNICIPAL LAW ENFORCEMENT FULL SERVICE FORENSIC CRIME LABORATORIES PURSUANT TO RULES ADOPTED BY THE ARIZONA CRIMINAL JUSTICE COMMISSION.

6. 14.29 PER CENT TO THE SUPREME COURT FOR ALLOCATION TO THE MUNICIPAL COURTS PURSUANT TO SUBSECTION K OF THIS SECTION.

K. THE SUPREME COURT SHALL ADMINISTER AND ALLOCATE THE MONIES RECEIVED PURSUANT TO SUBSECTION J, PARAGRAPH 6 OF THIS SECTION TO THE MUNICIPAL COURTS BASED ON THE TOTAL AMOUNT OF PENALTY ASSESSMENTS TRANSMITTED PURSUANT TO SECTION 12-116.01 BY THAT JURISDICTION'S CITY TREASURER TO THE STATE TREASURER FOR THE PRIOR FISCAL YEAR DIVIDED BY THE TOTAL AMOUNT OF PENALTY ASSESSMENTS TRANSMITTED TO THE STATE TREASURER PURSUANT TO SECTION 12-116.01 BY ALL CITY TREASURERS STATEWIDE FOR THE PRIOR FISCAL YEAR. THE MUNICIPAL COURT SHALL USE THE MONIES RECEIVED TO IMPROVE, MAINTAIN AND ENHANCE THE ABILITY TO COLLECT AND MANAGE MONIES ASSESSED OR RECEIVED BY THE COURTS, TO IMPROVE COURT AUTOMATION AND TO IMPROVE CASE PROCESSING OR THE ADMINISTRATION OF JUSTICE. THE MUNICIPAL COURT SHALL SUBMIT A PLAN TO THE SUPREME COURT AND THE SUPREME COURT SHALL APPROVE THE PLAN BEFORE THE MUNICIPAL COURT BEGINS TO SPEND THESE ALLOCATED MONIES.

Sec. 12. Appropriation; purpose

A. The sum of $1,147,400 is appropriated from the state general fund in fiscal year 1999-2000 and the sum of $1,721,100 is appropriated from the state general fund in each of the following fiscal years 2000-2001, 2001-2002, 2002-2003, 2003-2004, 2004-2005 and 2005-2006 to the state aid to the courts fund established by section 12-102.02, Arizona Revised Statutes, as added by this act, for improving criminal case processing in the superior court, including the clerk of the superior court, and justice courts.

B. The sum of $432,200 is appropriated from the state general fund in fiscal year 1999-2000 and the sum of $648,300 is appropriated from the state general fund in each of the following fiscal years 2000-2001, 2001-2002, 2002-2003, 2003-2004, 2004-2005 and 2005-2006 to the state aid to county attorneys fund established by section 11-539, Arizona Revised Statutes, as added by this act, for improving criminal case processing.

C. The sum of $410,600 is appropriated from the state general fund in fiscal year 1999-2000 and the sum of $615,900 is appropriated from the state general fund in each of the following fiscal years 2000-2001, 2001-2002, 2002-2003, 2003-2004, 2004-2005 and 2005-2006 to the state aid for indigent defense fund established by section 11-588, Arizona Revised Statutes, as added by this act, for improving criminal case processing.

D. The sum of $9,800 is appropriated from the state general fund for fiscal year 1999-2000 and the sum of $14,700 is appropriated from the state general fund in each of the following fiscal years 2000-2001, 2001-2002, 2002-2003, 2003-2004, 2004-2005 and 2005-2006 to the attorney general for improving criminal case processing.

Sec. 13. Laws 1998, chapter 182, section 2 is amended to read:

Sec. 2. Appropriation; purpose

The sum of $350,000 is appropriated from the state general fund to the supreme court CRIMINAL CASE PROCESSING AND ENFORCEMENT IMPROVEMENT FUND ESTABLISHED PURSUANT TO SECTION 12-102.01, Arizona Revised Statutes, for fiscal year 1998- 1999 for the purpose of developing and implementing county criminal case processing improvement projects pursuant to section 12-102.01, Arizona Revised Statutes, as added by this act .

Sec. 14. Retroactivity

A. Sections 11-539, 11-588 and 12-102.02, Arizona Revised Statutes, as added by this act, are effective retroactively to from and after June 30, 1999.

B. Section 13 of this act is effective retroactively to from and after June 30, 1999.

C. Section 12-284.03, Arizona Revised Statutes, as amended by this act is effective retroactively to from and after June 30, 1999.

Sec. 15. Effective date

A. Sections 11-584 and 12-253, Arizona Revised Statutes, as amended by this act, are effective from and after September 30, 1999.

B. Section 12-116.01, Arizona Revised Statutes, as amended by this act and section 41-2421, Arizona Revised Statutes, as added by this act, are effective from and after August 31, 1999.

Sec. 16. Intent

The legislature intends that monies provided for county attorneys, the attorney general, 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. The legislature further intends that the criminal justice system, including the courts, prosecutors and indigent defense, in cooperation with the county board of supervisors in each county, shall continue to emphasize the enforcement of court orders and associated fees, fines, penalties, forfeitures, assessments and sanctions paid to the courts. This collaborative effort is expected to result in a minimum five per cent increase in collections and associated revenues from fiscal year 1999-2000 to fiscal year 2000-2001 and each year thereafter.

APPROVED BY THE GOVERNOR MAY 19, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 19, 1999.