This amendment changes the law to allow courts to let defendants who cannot pay fines do community service instead, with special rules for homeless and indigent people.
Arizona2026Vetoed
HB2028
HB2028: Community Restitution for Indigent and Homeless Defendants
Last scannedAug 24, 2026, 7:40 AM
In one sentence
This bill allows courts to let defendants who cannot pay fines perform community service instead, with special rules allowing mandatory community restitution for those experiencing homelessness.
What it does
- Allows a court to order community restitution if a defendant requests it and the court finds they are unable to pay all or part of their monetary obligation.
- Requires that credit for community restitution be calculated at the state minimum wage rate, rounded up to the nearest dollar.
- Permits courts to require mandatory community restitution in place of specific assessments under section 12-114.01 if the defendant is indigent and experiencing homelessness.
- Defines 'monetary obligation' to include fines, civil penalties, surcharges, fees, assessments, or incarceration costs.
Who it affects
- Defendants ordered by a court to pay monetary obligations they are unable to afford.
- Individuals who are indigent and experiencing homelessness facing specific court assessments under section 12-114.01.
- Courts that must determine if defendants qualify for community restitution options.
Limits and unknowns
- The bill does not apply to assessments under sections 12-116.05 through 12-116.09.
- The bill does not apply to surcharges collected under section 16-954, subsection A.
- Mandatory community restitution for homeless defendants only applies if the court finds they are both indigent and experiencing homelessness.
Plain language
Terms to know
- Community Restitution
- Work performed by a defendant to pay off fines or fees instead of paying money directly.
- Indigent
- A person who has very little money and cannot afford legal costs, as defined by the Arizona rules of criminal procedure.
- Monetary Obligation
- Any fine, civil penalty, surcharge, assessment, fee, or incarceration cost that a defendant must pay.
Official record
Sources
Official summary
HB2028 - (NOW: homelessness; indigence; community restitution)
Official activity
Bill history
- Governor vetoedV
- House failedHouse
- House passedHouse
- House passedHouse
- House minority caucusHouse
- Transmitted to HouseHouse
- Senate third read passedSenate
- Senate committee of the wholeSenate
- Senate minority caucusSenate
- Senate majority caucusSenate
- Senate second readSenate
- Senate Rules: PFCSenate
- Senate Judiciary and Elections: DPA/SESenate
- Senate Natural Resources: W/DSenate
- Senate first readSenate
- Transmitted to SenateSenate
- House third read passedHouse
- House minority caucusHouse
- House majority caucusHouse
- House consent calendarHouse
Changes
Amendments
2 stored
This amendment changes the law to allow courts to let defendants who are homeless and cannot pay certain fees work off those debts through community service instead.