House of Representatives

HB 2284

restitution; work programs; education

Sponsors: Representatives Voss: Nelson, Tully, et al.

DPA	Committee on Judiciary
DPA	Committee on Appropriations
X	Caucus and COW
	As Passed the House

HB 2284 amends Arizona law pertaining to restitution, work programs and education for juveniles under the jurisdiction of the Arizona Department of Juvenile Corrections (ADJC).

Provisions

· Authorizes ADJC to contract with the state, a political subdivision or a private entity in order to provide employment or vocational experience.

· Eliminates the committed youth work classification system and replaces it with a work program.

· Expands work programs to include juveniles on conditional liberty.

· Retains exemption for youth by the Director when medically necessary.

· Allows the Director to determine compensation level and removes the $1.00 per hour cap.

· Adds authorization for payment by an outside entity.

· Specifies that monies earned by juveniles in a secure care facility be divided as follows:

1. Two-thirds toward a restitution order;

2. If there is no restitution order, two-thirds toward a monetary assessment

3. If neither restitution nor a monetary assessment was ordered, two-thirds toward room and board.

· Allows the Director to determine the monies to be credited to restitution or monetary assessments for juveniles on conditional liberty.

· Allows community service hours to be substituted for monetary restitution if approved by the juvenile court and the victim.

· Requires any monies generated from contracts with the state, political subdivision or private entity to be deposited in the restitution fund.

· Continues full-time education requirement for juveniles who have not earned a diploma or GED. Adds a provision to allow juveniles who have achieved their diplomas or GEDs to continue education.

· Continues requirement that juveniles in school to work 20 hours per week, ten of which can be homework.

· Establishes a restitution fund for the payment of restitution and monetary assessments by juveniles who are financially unable to pay or who are unable to be employed to earn money to pay restitution.

· Authorizes the Director to pay monies from the fund to the victim for unpaid charitable work the juvenile does to pay court-ordered restitution. Allows the Director to set the hourly rate to be credited the juvenile. Specifies that monies will be paid if available.

· Sets a limit of ten per cent of the fund’s balance as of the end of the previous fiscal year to be paid for administrative costs.

· Exempts monies in the fund from lapsing.

· Makes technical and conforming changes.

HB 2284 was amended in the Judiciary Committee as follows:

· Specifies that a minimum of two-thirds of compensation paid to a juvenile shall be paid to the superior court clerk to satisfy restitution and monetary assessments.

· Specifies that education requirements apply to youth in a secure care facility.

· Makes technical changes.

HB 2284 was amended in the Appropriations Committee as follows:

· Makes the restitution fund created by the bill subject to legislative appropriation.

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45th Legislature

First Regular Session 2 February 28, 2001

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