ARIZONA STATE SENATE
Phoenix, Arizona
court funding; study committee
Establishes the Joint Study Committee on State Funding of the Court System. Increases certain adult probation and juvenile supervision fees.
The
Arizona court system is currently funded through a combination of state,
county, city, federal and private funds.
Proponents of this legislation believe that the current funding approach
causes some difficulties, such as a disparity in court resources between
individual counties, cities and towns.
Other states’ court systems have adopted state funding to deal with
these types of disparities. According
to the National Center for State Courts (NCSC), 34 states have transferred the
majority of trial court funding responsibility from local governments to state
governments. NCSC reports that there
has been a steady trend in this direction for 25 years.
H.B. 2289 establishes the Joint Study Committee on State Funding of the Court System to review and make recommendations for state funding of the Arizona court system. A phase-in approach for state funding may also be evaluated. Additionally, this legislation increases certain adult probation and juvenile supervision fees and maintains the time payment fee at $20, but repeals the fee in 2010.
According to Joint Legislative Budget Committee staff, increasing probation fees will generate over $1.7 million in FY 2002-2003. Furthermore, continuing the time payment fee at $20 rather than allowing the fee to revert to $12 at the end of calendar year 2003 will generate approximately $2.9 million in FY 2003-2004 from the extra $8.
1. Creates the Joint Study Committee on State Funding of the Court System and provides for membership.
2. Requires the Committee to:
a) Review state funding of the Arizona court system.
b) Examine state funded systems and recommend those components of the judicial system that should be funded by the state.
c) Recommend a plan for the state funding of the judicial system, including the time period for implementation, the source of revenues for the increased state responsibilities and the fee structure including costs and surcharges.
3. Requires the staffs of the County Supervisors Association and the Administrative Office of the Courts to provide technical assistance to the Committee.
4. Requires the Committee to submit a report containing its recommendations to the following entities: the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, the Association of County Supervisors and the Arizona League of Cities and Towns by June 30, 2003, a copy of which must also be sent to the Secretary of State and the Director of the Arizona State Library, Archives and Public Records (ASLAPR).
5. Contains a delayed repeal date of December 31, 2003.
Probation Surcharge
6. Establishes a $5 surcharge levied on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses, civil traffic violations, motor vehicle offenses and violations of Arizona’s game and fish laws.
7. Exempts parking violations from the probation surcharge.
8. Requires the surcharge to be deposited in the judicial collection enhancement fund for salaries of adult and juvenile probation officers and support of programs and services of the adult and juvenile probation departments.
9. Authorizes a court to waive all or part of the probation surcharge, subject to limitations.
10. Allows the court to contract with public agencies or private entities to assist in collecting monies, and to add to the amount owed any costs charged by the contracting agency or entity.
Court Fees
11. Increases, from $40 to $50, fees for adult probation and juvenile supervision.
12. Increases, from $30 to $50, the monthly fee for persons being supervised in Arizona under the interstate compact for the supervision of parolees and probationers.
13. Limits the use of the increase in fees for supervision of parolees and probationers to supplementing salaries of probation and surveillance officers and support of programs and services of probation departments.
14. Maintains the time payment fee at $20 rather than reducing the fee to $12 after December 31, 2003, but reduces the fee to $12 in 2010.
15. Eliminates special fees paid to the clerk of the court for filing adoption cases and contested adoptions.
16. Removes references to fees that are not actually charged in municipal or justice courts, including fees for notary services, bank record retrieval and payment history reports.
Miscellaneous
17. Allows justice and municipal courts to destroy designated court records if the Director of ASLAPR has previously approved of their destruction.
18. Changes the date by which a party who requests a change of venue must pay filing fees to within 30 days from the date the new court receives the file instead of 30 days from the date of the change of venue order.
19. Makes technical and conforming changes.
20. Provides for a general effective date.
Amendments Adopted by Appropriations Committee
1. Makes the Arizona Public Defenders Association responsible for appointing a public defender to serve on the Committee.
2. Increases fees for adult probation and juvenile supervision.
3. Increases the fee for persons being supervised in Arizona under an interstate compact.
4. Maintains the time payment fee at $20.
Amendments
Adopted by Committee of the Whole
1. Adds the provisions relating to probation surcharge.
2. Reduces the time payment fee to $12 in 2010.
3. Limits the use of the increase in fees for supervision of parolees and probationers.
4. Eliminates special fees to the court for filing adoption cases and contested adoptions.
5. Allows justice and municipal courts to destroy designated court records if the Director of ASLAPR has previously approved the destruction.
6. Changes the dates for filing fee payment for change of venue.
7. Makes technical and conforming changes.
JUD 1/29/02 DPA 9-1-0-0-0 JUD 4/16/02 DP 7-0-1-0
RGO 3/19/02 DPA 8-0-0-2-0 APPROP 4/23/02 DPA 11-1-0-0
3rd Read 4/4/02 38-16-6-0 3rd Read 5/6/02 22-5-3-0
Prepared by Senate Staff
May 8, 2002