2010 Arizona Revised Statutes
Title 12 - Courts and Civil Proceedings
12-270 Probation revocation and crime reduction performance funding; reports

12-270. Probation revocation and crime reduction performance funding; reports

A. The joint legislative budget committee staff shall annually calculate:

1. Any costs that have been avoided by reducing the percentage of people on supervised probation from each county whose probation is revoked and who are sentenced to a term of imprisonment in the state department of corrections. The joint legislative budget committee staff shall calculate the cost avoidance for each county by comparing the number of people whose probation is revoked and who are sentenced to a term of imprisonment in the state department of corrections to the estimated number of supervised probationers that would have been revoked at the baseline revocation percentage rate. This calculation shall be based on the fiscal year prior to the fiscal year in which the report is required pursuant to subsection E of this section. The baseline revocation percentage rate shall be the revocation percentage rate in fiscal year 2007-2008. The joint legislative budget committee staff shall calculate an annual per person avoided cost by using the state department of corrections cost for contracted private beds as of June 30 in the fiscal year prior to the fiscal year in which the report is required pursuant to subsection E of this section and the average length of incarceration for a person whose probation is revoked and who is sentenced to a term of imprisonment in the state department of corrections.

2. The percentage of people on supervised probation from each county who are convicted of a new felony offense compared to the percentage of probationers who would have been convicted of a new felony offense at the baseline probation conviction rate. This calculation shall be based on the fiscal year prior to the fiscal year in which the report is required pursuant to subsection E of this section. The baseline probation conviction rate shall be the conviction rate in fiscal year 2007-2008.

B. Notwithstanding section 12-269, beginning in fiscal year 2010-2011, the legislature shall annually appropriate to the administrative office of the courts forty per cent of any costs that are avoided as calculated in subsection A, paragraph 1 of this section to be deposited in the adult probation services fund of each county established pursuant to section 12-267 if there is a reduction in the percentage of people from that county who are on supervised probation and who are convicted of a new felony offense as calculated in subsection A, paragraph 2 of this section.

C. The monies appropriated pursuant to this section shall be used to supplement, not supplant, any other state or county appropriation for the superior court adult probation department.

D. On or before October 1 of each year, the administrative office of the courts and the state department of corrections shall jointly report to the president of the senate, the speaker of the house of representatives and the governor and shall provide a copy of the report to the joint legislative budget committee, the secretary of state and the director of the Arizona state library, archives and public records. The report shall include:

1. The average number of people on supervised probation in each county.

2. The number of probationers in each county whose probation is revoked each year.

3. The number of probationers in each county who are convicted of new crimes each year.

4. The state department of correction's most recent cost for contracted private beds.

E. Beginning in fiscal year 2009-2010, the joint legislative budget committee staff shall annually report by November 15 to the joint legislative budget committee the results calculated pursuant to this section.

F. On or before June 30, 2014, the auditor general shall:

1. Complete a performance audit, as defined in section 41-1278, of the probation revocation or adjustment and crime reduction performance as provided by this section and section 13-924.

2. Provide a copy of the performance audit to the president of the senate, the speaker of the house of representatives, the governor, the secretary of state, the director of the Arizona state library, archives and public records and any other person requesting a copy.