DWR; application; administrative completeness

Plain English Breakdown

The official source material does not provide specific details on what happens if a person cannot complete their community service due to ongoing homelessness or other issues, nor does it specify how the $20 assessment will be used if unpaid.

Community Restitution for Homeless and Indigent People

This bill allows courts to order homeless and indigent individuals to perform community service instead of paying a $20 assessment when they are found guilty of certain violations.

What This Bill Does

• Allows the court to order homeless and indigent individuals to perform mandatory community restitution in lieu of paying the $20 assessment that is collected for certain violations and deposited into the Judicial Collection Enhancement Fund.

Who It Names or Affects

• People who are homeless and indigent, found guilty of certain violations or local ordinance offenses.
• Courts that handle cases involving these individuals.

Terms To Know

Indigence

Being extremely poor and unable to pay for basic needs.

Community restitution

A form of punishment where a person performs community service instead of paying fines or other monetary penalties.

Limits and Unknowns

• The bill does not specify how the $20 assessment will be used if it is not paid by individuals who are ordered to do community restitution.
• It's unclear what happens if a person cannot complete their community service due to ongoing homelessness or other issues.

Official Summary Text

HB2028 - 572R - Senate Fact Sheet

Assigned to
JUDE������������������������������������������������������������������������������������������������������������ AS
PASSED BY COW

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
H.B. 2028

DWR;
application; administrative completeness

(
NOW:

homelessness; indigence; community restitution
)

Purpose

Allows the court to order a person who is indigent and experiencing
homelessness to perform mandatory community restitution in lieu of paying the
$20 assessment that is collected for certain violations and deposited into the
Judicial Collection Enhancement Fund (Fund).

Background

A person who is convicted of a criminal offense or who is found
responsible for a civil traffic violation, a violation of certain local
ordinances or a violation of the game and fish requirements must pay an
assessment of $20, in addition to any other penalty, fine, fee, surcharge or
assessment. The monies collected from the $20 assessment must be deposited into
the Fund to supplement monies that are currently used for the salaries of adult
and juvenile probation and surveillance officers and for support of programs
and services of the superior court adult and juvenile probation departments (
A.R.S.
� 12-114.01
).

If a monetary obligation is imposed on a defendant at sentencing and the
court finds that the defendant is unable to pay all or part of the obligation,
on request of the defendant the court may order the defendant to perform
community restitution in lieu of the payment for all or part of the monetary
obligation, except as prescribed. The court must credit community restitution
at the rate of the state minimum wage (
A.R.S.
� 13-824
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Allows
the court to order a person who is indigent and experiencing homelessness to
perform mandatory community restitution in lieu of paying the $20 assessment
that is collected for certain violations and deposited into the Fund and used
to supplement the adult and juvenile probation departments as prescribed.

2.

Becomes
effective on the general effective date.

Amendments
Adopted by Committee

�

Adopted the strike-everything amendment.

Senate Action

NR����������������� 3/23/26����� W/D

JUDE������������� 3/25/26����� DPA/SE����� 5-2-0

Prepared by Senate Research

April 13, 2026

ZD/KS/ci

Current Bill Text

HB2028 - 572R - S Ver

Senate Engrossed
House Bill

DWR;
application; administrative completeness

(now:� homelessness;
indigence; community restitution)

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2028

AN
ACT

Amending section 13-824, Arizona
Revised Statutes; relating to court assessments.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-824, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-824.

Community restitution in lieu of monetary obligation; definition

A. Notwithstanding any other law
and
except as provided in subsection B of this section
, if a monetary
obligation is imposed on a defendant at sentencing and the court finds the
defendant is unable to pay all or part of the monetary obligation, on the
defendant's request the court may order the defendant to perform community
restitution in lieu of the payment for all or part of the monetary
obligation. The court shall credit community restitution performed
at a rate that is equal to the minimum wage prescribed by section 23-363,
subsections A and B, rounded up to the nearest dollar.

b. if the court finds that the
defendant is unable to pay all or part of an assessment imposed pursuant to section
12-114.01 and that the defendant is experiencing homelessness and is
indigent pursuant to the Arizona rules of criminal procedure, the court may
order the defendant to perform mandatory community restitution in lieu of the
payment of all of the assessment.

B.

C.
This
section does not apply to the assessment imposed pursuant to sections 12-116.05,
12-116.06, 12-116.07, 12-116.08 and 12-116.09 and to
the surcharge imposed and collected pursuant to section 16-954,
subsection A.

C.

d.
For
the purposes of this section, "monetary obligation" means a fine, a
civil penalty, a surcharge, an assessment, a fee or incarceration costs.
END_STATUTE