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SB1851 - 572R - S Ver
Senate Engrossed
criminal justice;
2026-2027.
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1851
AN
ACT
amending sections 12-114, 12-116.10,
13-810, 31-281, 31-284, 31-285 and 41-710.03, Arizona
Revised Statutes; repealing section 41-1401, Arizona Revised Statutes;
amending title 41, chapter 9, article 1, Arizona Revised Statutes, by adding a
new section 41-1401; amending sections 41-1641, 41-1731 and
41-1732, arizona revised statutes; repealing section 41-3026.11,
Arizona Revised Statutes; amending laws 2022, chapter 311, section 10, as
amended by laws 2024, chapter 213, section 7; relating to criminal justice.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 12-114, Arizona Revised
Statutes, is amended to read:
START_STATUTE
12-114.
Surcharge on court authorized diversion programs for traffic
offenses; deposit
A. If a court authorizes individuals charged with
civil or criminal traffic offenses to attend a court authorized diversion
program, including a defensive driving school program,
it
the court
shall require the assessment of a
nine
dollar
$9
surcharge on the fees charged by the
court authorized diversion programs. The surcharge applies to every
individual who attends a court authorized diversion program, including an
individual who holds a commercial driver license.
B. A court or a court authorized diversion program
shall collect the
nine dollar
$9
surcharge
and remit the surcharge to the supreme court which shall deposit, pursuant to
sections 35-146 and 35-147,
five dollars
$5
of the surcharge in the judicial collection enhancement fund
and the remaining
four dollars
$4
in
the
peace officer training
law enforcement
equipment
fund established by section 41-1731.
END_STATUTE
Sec. 2. Section 12-116.10, Arizona Revised
Statutes, is amended to read:
START_STATUTE
12-116.10.
Assessment; law enforcement equipment fund
A. In addition to any other penalty assessment
provided by law, a penalty assessment shall be levied in an amount of
four dollars
$4
on every civil penalty
imposed and collected for a civil traffic violation and fine, penalty or
forfeiture for a criminal violation of the motor vehicle statutes or for any
local ordinance relating to the stopping, standing or operation of a vehicle.
B. The court shall transmit the assessments
collected pursuant to this section and a remittance report of the fines, civil
penalties and forfeitures collected pursuant to this section to the county
treasurer, except that municipal courts shall transmit the assessments and the
remittance report of the fines, civil penalties and forfeitures to the city or
town treasurer.
C. The city, town or county treasurer shall transmit
the assessment and the remittance report to the state treasurer. The
state treasurer shall deposit the assessment in the
peace officer
training
law enforcement
equipment fund
established by section 41-1731.
D. The court may mitigate all or part of the
assessment in the same manner and subject to the same limitations in the
mitigation of a fine in section 13-825, subsection B.
END_STATUTE
Sec. 3. Section 13-810, Arizona Revised Statutes, is amended to read:
START_STATUTE
13-810
.
Consequences of nonpayment of fines, surcharges, fees,
assessments, restitution or incarceration costs; report
A. In addition to any
other remedy provided by law, including a writ of execution or other civil
enforcement, if a defendant who is sentenced to pay a fine, a surcharge, a fee,
an assessment or incarceration costs defaults in the payment of the fine,
surcharge, fee, assessment or incarceration costs or of any installment as
ordered, the court, on motion of the prosecuting attorney or on its own motion,
shall require the defendant to show cause why the defendant's default should
not be treated as contempt and may issue a summons or a warrant of arrest for
the defendant's appearance.
B. In addition to any other remedy provided by law,
including a writ of execution or other civil enforcement, if a defendant who is
ordered to pay restitution defaults in the payment of the restitution or of any
installment as ordered, the court, on motion of the prosecuting attorney, on
petition of any person entitled to restitution pursuant to a court order or on
its own motion, shall require the defendant to show cause why the defendant's
default should not be treated as contempt and may issue a summons or a warrant
of arrest for the defendant's appearance.
C. In addition to any other remedy provided by law,
including a writ of execution or other civil enforcement, the court, on receipt
of a petition and issuance of an order to show cause, has jurisdiction to
preserve rights over all restitution liens entered pursuant to section 13-806,
subsection B
,
and perfected pursuant to section 13-806,
subsection E.
D. At any hearing on the order to show cause the
court, the prosecuting attorney or a person entitled to restitution may examine
the defendant under oath concerning the defendant's financial condition,
employment and assets or on any other matter relating to the defendant's
ability to pay restitution.
E. If the court finds that the defendant has
wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution
or incarceration costs or finds that the defendant has intentionally refused to
make a good faith effort to obtain the monies required for the payment, the
court shall find that the default constitutes contempt and may do any of the
following:
1. Order the defendant incarcerated in the county
jail until the fine, surcharge, fee, assessment, restitution or incarceration
costs, or a specified part of the fine, surcharge, fee, assessment, restitution
or incarceration costs, is paid.
2. Refer the defendant for revocation of probation,
parole or community supervision as authorized by law.
3. Enter an order pursuant to section 13-812. The
levy or execution for the collection of a fine, a surcharge, a fee, an
assessment, restitution or incarceration costs does not discharge a defendant
who is incarcerated for nonpayment of the fine, surcharge, fee, assessment,
restitution or incarceration costs until the amount of the fine, surcharge,
fee, assessment, restitution or incarceration costs is collected.
4. Order the defendant to perform community
restitution.
F. If the court finds that the default is not wilful
and that the defendant cannot pay despite sufficient good faith efforts to
obtain the monies, the court may take any lawful action including:
1. Modify the manner in which the restitution, fine,
surcharge, fee, assessment or incarceration costs are to be paid.
2. Enter any reasonable order that would assure
compliance with the order to pay.
3. Enter an order pursuant to section 13-812. The
levy or execution for the collection of a fine, a surcharge, a fee, an
assessment, restitution or incarceration costs does not discharge a defendant
incarcerated for nonpayment of the fine, surcharge, fee, assessment,
restitution or incarceration costs until the amount of the fine, surcharge,
fee, assessment, restitution or incarceration costs is collected.
G. If a fine, a surcharge, a fee, an assessment,
restitution or incarceration costs are imposed on an enterprise it is the duty
of the person or persons authorized to make disbursement from the assets of the
enterprise to pay them from those assets, and their failure to do so shall be
held a contempt unless they make the showing required in subsection A or B of
this section.
H. If a defendant is sentenced to pay a fine, a
surcharge, a fee, an assessment, restitution or incarceration costs, the clerk
of the sentencing court, on request, shall make the defendant's payment history
available to the prosecutor, victim, victim's attorney, probation department
and court without cost.
I. On or before December 31, 2026 and
each year thereafter, the administrative office of the courts shall submit a
report to the governor, the president of the senate and the speaker of the
house of representatives, the director of the joint legislative budget
committee and the director of the governor's office of strategic planning and
budgeting and shall provide a copy of the report to the secretary of state on
the enforcement and collection of restitution, fines, fees, surcharges and
assessments under this section. The report must include, for each
category of monetary obligation, all of the following:
1. The Amounts ordered and collected.
2. Collection rates.
3. Instances in which a person was
incarcerated due to nonpayment, including pursuant to a bench warrant or a
finding of contempt, and the total days of incarceration served.
4. Enforcement and collection costs.
5. Net collections.
END_STATUTE
Sec. 4. Section 31-281, Arizona Revised
Statutes, is amended to read:
START_STATUTE
31-281.
Transition
program; report; definition
A. The department shall establish a transition
program that provides eligible inmates with transition services in the
community for
up to
not more than
ninety
days. The department shall administer the transition program and
contract with private or nonprofit entities to provide eligible inmates with
transition services and shall procure transition services pursuant to title 41,
chapter 23.
B. The
director shall adopt rules to implement this article. The rules
shall include:
1. Eligibility
criteria for receiving a contracted entity's transition services. To be
eligible, at a minimum, an inmate shall:
(a) Not
have been convicted of a sexual offense pursuant to title 13, chapter 14 or a
violation of title 13, chapter 17.
(b) Not
have been convicted of a violent crime as defined in section 13-901.03,
unless the inmate was convicted of assault, aggravated assault or robbery.
(c) Not
have any felony detainers.
(d) Agree
in writing to provide specific information after the inmate is
released. The department shall use the information to prepare the
report prescribed by subsection D, paragraph 3 of this section.
(e) Have
made satisfactory progress by complying with all programming on the inmate's
individualized corrections plan as determined by the department.
(f) Be
classified by the department as minimum or medium custody as determined by an
objective risk assessment.
(g) Not
have been found in violation of any major violent rule during the inmate's
current period of incarceration or in violation of any other major rule within
the previous six months. For the purposes of this subdivision, an
accumulation of minor rule violations does not equal a major rule violation.
2. A
requirement that each contracted entity train mentors or certify that mentors
are trained.
3. A
requirement that the services offered to an inmate include psychoeducational
counseling and case management services as determined by the
department. The counseling and services may include substance abuse
treatment, anger management, cognitive behavioral therapy, parenting skills and
family reunification training, further education and job placement.
4. A
requirement that an inmate may be released pursuant to this article only after
the victim has been provided notice and an opportunity to be
heard. The department shall provide notice to a victim who has
provided a current address or other contact information. The notice
shall inform the victim of the opportunity to be heard on the early release.
Any objection to the inmate's early release must be made within twenty days
after the department has mailed the notice to the victim.
C. In
awarding contracts under this section the department shall comply with section
41-3751.
D. The
department shall:
1. Conduct
an annual study to determine the recidivism rate of inmates who receive a
contracted entity's services pursuant to this article. The study
shall include the recidivism rate of inmates who have been released from
incarceration for a minimum of three years after release.
2. Evaluate
the inmate and provide the information to the contracted entity.
3. Submit
a written report to the governor, the president of the senate and the speaker
of the house of representatives on or before
July 31
November 30
of each year and provide a copy of this report to
the secretary of state
and the director of the joint legislative
budget committee
. The report may be submitted
electronically. The report shall contain the following information:
(a) The
recidivism rate of inmates who receive services pursuant to this article,
including the recidivism rate of inmates who have been released from
incarceration for a minimum of three years after release.
(b) The
number of inmates who received services pursuant to this article.
(c) The
number of inmates who were not provided services pursuant to this article and
who were on a list waiting to receive services.
(d) The
types of services provided.
(e) The
number of inmates who received each type of service provided.
(
f
) The
cost reductions to the department that are directed to the transition program
pursuant to this article. For the purposes of this paragraph, the
reduction rate may not be less than $17 per inmate per day.
(
g
) The
number of participants who did not receive an early release under the
transition program.
4. Provide
information about the transition program to all inmates who are not serving a
life sentence on admission to prison and to any inmate who is potentially
eligible for the transition program six months before the inmate's eligibility
date. The information must include all of the admission requirements
to the transition program, including the disqualifying factors under this
section.
E. Notwithstanding
subsection B, paragraph 1 of this section, if an inmate agrees to comply with
any condition that is established and required by section 41-1604.07,
subsection F, has been convicted of the possession or use of marijuana pursuant
to section 13-3405, subsection A, paragraph 1, possession or use of a
dangerous drug pursuant to section 13-3407, subsection A, paragraph 1,
possession or use of a narcotic drug pursuant to section 13-3408,
subsection A, paragraph 1 or possession or use of drug paraphernalia pursuant
to section 13-3415, subsection A and is not concurrently serving another
sentence for an offense that is not listed in this subsection, the inmate is
eligible for and shall be released to enter the transition program. The
director may not exclude an inmate who is eligible for the transition program
pursuant to this subsection because the inmate does not have a place to reside
before being released, except that the director shall exclude an inmate who has
any of the following:
1. Previously
been convicted of a violent crime as defined in section 13-901.03 or an
offense listed in title 13, chapter 14 or 35.1.
2. A
felony detainer.
3. Been
found to be in violation of a major violent rule during the inmate's current
period of incarceration or to be in violation of any other major rule within
the previous six months. For the purposes of this paragraph, an
accumulation of minor rule violations does not equal a major rule violation.
4. Previously
been released pursuant to this section and violated a term of the inmate's
release.
5. Failed
to achieve functional literacy as required by section 41-1604.07,
subsection F, unless the inmate is enrolled in a program that prepares the
inmate to achieve functional literacy.
6. Been
classified by the department as close or maximum custody as determined by a
current and objective risk assessment.
7. Refused
enrollment in or been removed for poor behavior from a major self-improvement
program within the previous eighteen months unless the inmate has subsequently
enrolled in and completed the major self-improvement program.
F. For
the purposes of this section, "recidivism" means reincarceration in
the department for any reason.
END_STATUTE
Sec. 5. Section 31-284, Arizona Revised
Statutes, is amended to read:
START_STATUTE
31-284.
Transition program fund
The transition program fund is established consisting of
the
monies collected pursuant to section 31-254,
subsection D, paragraph 3 and subsection E, paragraph 3 and section 31-285,
subsection C
. The department shall administer the
fund to pay for any costs related to the administration of the transition
program and for transition program services. Monies in the fund are
subject to legislative appropriation and are exempt from the provisions of
section 35-190 relating to lapsing of appropriations.
END_STATUTE
Sec. 6. Section 31-285, Arizona Revised Statutes, is amended to read:
START_STATUTE
31-285.
Transition program release; report
A. An inmate who
enters a transition program pursuant to this article shall be released from
confinement three months earlier than the inmate's earliest release date based
on the inmate's risk and need and rules adopted pursuant to section 31-281. An
inmate who the director determines has participated in the program but who is
not low risk shall not be released from confinement earlier than the inmate's
earliest release date.
B. On or before September 30 of each
year, the department shall prepare a report that details the cost reductions to
the department that are directed to the transition program pursuant to this
article and the number of participants who did not receive an early release
under the transition program. The reduction rate shall equal at
least seventeen dollars per inmate per day. The department shall
submit a copy of its report to the governor, the president of the senate and the
speaker of the house of representatives and shall provide a copy of this report
to the director of the joint legislative budget committee and the secretary of
state.
C.
B.
The
state treasurer shall deposit any cost reductions that are identified pursuant
to
subsection B of this
section
31-281,
subsection D, paragraph 3, subdivision (
f
)
in the
transition program fund established by section 31-284 for the purpose of
providing transitional services.
END_STATUTE
Sec. 7. Section 41-710.03, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-710.03.
Erroneous convictions fund
A. The erroneous convictions fund is established
consisting of monies appropriated to the fund by the
legislature. The department of administration shall administer the
fund. Monies in the fund are continuously appropriated and are
exempt from the provisions of section 35-190 relating to lapsing of
appropriations.
B. The department of administration shall use the
monies deposited in the erroneous convictions fund to fund claims brought
pursuant to title 13, chapter 38, article 36.
C. Any State agency, board,
commission or department may not use monies from any fund or source other than
the erroneous convictions fund to pay any reimbursement or compensation that is
awarded pursuant to title 13, chapter 38, article 36. �This state is not liable
for any amount to pay any reimbursement or compensation awarded pursuant to
title 13, chapter 38, article 36 in excess of the monies available in the
erroneous convictions fund.
END_STATUTE
Sec. 8.
Heading change
The
article heading of title 41, chapter 9, article 1, Arizona Revised Statutes, is
changed from "CIVIL RIGHTS DIVISION AND CIVIL RIGHTS ADVISORY BOARD"
to "CIVIL RIGHTS DIVISION".
Sec. 9.
Repeal
Section 41-1401, Arizona Revised
Statutes, is repealed.
Sec. 10. Title 41, chapter 9, article 1,
Arizona Revised Statutes, is amended by adding a new section 41-1401, to read:
START_STATUTE
41-1401.
Civil rights division; definition
A. The civil rights division within
the department of law is established.
B. For the purposes of this chapter,
"division" means the civil rights division within the department of
law.
END_STATUTE
Sec. 11. Section 41-1641, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1641.
Corrections fund; uses; prior approval; exemption; transfer
A. The corrections fund is established and consists
of monies received from the distribution provided pursuant to section 42-3104. The
state department of corrections shall administer the fund. �Monies in the fund
are subject to legislative appropriation.
B. Monies in the corrections fund may be expended
by:
1. The director of the department of administration
for major maintenance, construction, lease, purchase, renovation or conversion
of corrections or state operated juvenile facilities subject to the prior
approval of the joint committee on capital review and the legislature.
2. The director of the state department of
corrections for costs incurred in the minor maintenance and the operations of
corrections facilities subject to the prior approval of the legislature.
3. The director of the department of juvenile
corrections for costs incurred in the minor maintenance and the operations of
state operated juvenile facilities subject to the prior approval of the
legislature.
C. Notwithstanding any law to the contrary and
except as provided in subsection B of this section:
1. The director of the state department of
corrections shall enter into an agreement with the director of the department
of administration for the expenditure of monies for the maintenance of
corrections facilities.
2. The director of the department of juvenile
corrections shall enter into an agreement with the director of the department
of administration for the expenditure of monies for the maintenance of state
operated juvenile facilities.
D. Monies in the fund are exempt from the provisions
of section 35-190 relating to lapsing of appropriations.
E. The director of the state department of
corrections shall transfer
two million five hundred thousand
dollars
$12,500,000
from the corrections fund
annually to the department of corrections building renewal fund established by
section 41-797.
END_STATUTE
Sec. 12. Section 41-1731, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1731.
Law enforcement equipment fund; exemptions
A. The
peace officer training
law enforcement
equipment fund is established consisting of
monies deposited pursuant to sections 12-114 and 12-116.10. �The
state treasurer
Arizona criminal justice
commission
shall administer the fund. �Monies in the fund may be used
only for
peace officer
law enforcement
equipment
and administrative costs
.
B. The state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and monies earned from
investment shall be credited to the fund.
C. Monies in the fund:
1. Do not revert to the state general fund at the
end of the fiscal year.
2. Are exempt from the provisions of section 35-190
relating to lapsing of appropriations.
3. Are subject to legislative appropriation.
END_STATUTE
Sec. 13. Section 41-1732, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1732.
Law enforcement
equipment fund advisory commission; membership; duties; recommendations
A. The
peace officer training
law enforcement
equipment fund advisory commission is
established consisting of the following members:
1. One member of the senate
who is appointed by the president of the senate.
2. One member of the house of representatives who is
appointed by the speaker of the house of representatives.
3. The director of the department of public safety
or the director's designee.
4. One member who is appointed by the Arizona
association of chiefs of police.
5. One member who is appointed by the Arizona
sheriffs association.
6. One member who is appointed by the director of
the Arizona state troopers association.
7. One member who is appointed by the director of
the Arizona police association.
B. Members who are appointed pursuant to subsection
A, paragraphs 4, 5, 6 and 7 of this section serve three-year terms. The
members of the commission shall annually elect a chairperson and vice
chairperson from among the voting members. The
advisory
commission shall meet on the call of the chairperson
but at least once each fiscal year. No actions may be taken without a quorum
present. Members who are appointed pursuant to subsection A,
paragraphs 1 and 2 of this section shall serve as advisory nonvoting members of
the
advisory
commission.
C. Members are not eligible to receive compensation
but members who are appointed pursuant to subsection A, paragraphs 4, 5, 6 and
7 of this section are eligible for reimbursement of expenses pursuant to title
38, chapter 4, article 2.
D. The advisory commission may use the facilities
and the staff of the Arizona criminal justice commission.
E. The advisory commission may enter into
interagency agreements with the Arizona criminal justice commission and other
agencies for advisory commission business.
F. On or before December 1 of each year, the
advisory
commission shall submit
written recommendations to the president of the senate, the speaker of the
house of representatives, the governor and the chairpersons of the senate
commerce and public safety committee and the house of representatives judiciary
and public safety committee, or their successor committees, on the allocation
each fiscal year of monies in the
peace officer training
law enforcement
equipment fund established by section 41-1731. The
advisory
commission shall
provide a copy of the recommendations to the secretary of state.
END_STATUTE
Sec. 14.
Repeal
Section 41-3026.11, Arizona Revised
Statutes, is repealed.
Sec. 15. Laws 2022, chapter 311, section 10, as
amended by Laws 2024, chapter 213, section 7, is amended to read:
Sec. 10.
Effective date
Section 41-1712, Arizona Revised Statutes, as amended by
Laws 2022, chapter 311, section 3, and title 41, chapter 12, article 4.1,
Arizona Revised Statutes, as added by Laws 2022, chapter 311, section 5, are
effective from and after June 30,
2027
2028
.
Sec. 16.
Retroactivity
Section 41-710.03, Arizona Revised
Statutes, as amended by this act, applies retroactively to from and after
December 31, 2025.