ARIZONA STATE SENATE
Phoenix, Arizona
court fees and costs
Creates an integrated
justice surcharge and increases certain probation and juvenile diversion
program fees.
The
Administrative Office of the Courts’ (AOC) revised budget for FY 2001-2002 is
approximately $145,930,000. The AOC has
expressed concerned over budgetary shifts and is requesting a stabilized
funding source through this legislation.
H.B.
2345 increases certain probation and juvenile diversion program fees and
creates the integrated justice surcharge for certain offenses. This bill requires that 80 percent of the
integrated justice surcharge will be allocated to the judicial collection
enhancement fund. Monies from this fund
are used to train court personnel, improve, maintain and enhance the ability of
courts to collect and manage monies received by the courts, improve court
automation and improve case processing.
Courts wishing to receive monies from this fund must first submit a plan
to the Arizona Supreme Court.
Any
fiscal impact to the state general fund associated with this legislation is
unknown.
1. Increases, from $40 to $50, fees for adult probation and juvenile supervision.
2. 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.
3. Allows all fees increased by this legislation to be lessened by the court if a person demonstrates an inability to pay the fee.
4. Establishes, beginning on January 1, 2003, a $17 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.
5. Exempts parking violations from the integrated justice surcharge.
6. Provides for 20 percent of the surcharge to be kept by the court imposing the surcharge to improve the court’s ability to collect and manage monies, process cases and improve court automation.
7. Provides for the remaining 80 percent of the surcharge to be allocated to the judicial collection enhancement fund.
8. Authorizes a court to waive all or part of the integrated justice surcharge, subject to limitations.
9. 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.
10. Eliminates special fees paid to the clerk of the court for filing adoption cases and contested adoptions.
11. 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.
12. 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.
13. Makes technical and conforming changes.
14. Provides for a general effective date.
JUD 2/5/02 DPA 10-0-0-0
APPROP 4/1/02 DPA 8-3-0-5-0
3rd Read 4/10/02 39-17-4-0
Prepared by Senate Staff
April 15, 2002