A.R.S. 12-268
Juvenile probation fund; use
A. The board of supervisors shall designate a chief fiscal officer who shall establish and administer a juvenile probation fund consisting of:
1. County general fund appropriations for juvenile probation.
2. Court information cost monies received pursuant to section 8-134, subsection L.
3. State appropriations for juvenile probation, except monies in the juvenile probation services fund established by section 8-322 and except monies in the court appointed special advocate fund established by section 8-524, but including:
(a) Monies for juvenile probation officers authorized by section 8-203.
(b) Monies for state aid for juvenile probation services authorized by this article.
(c) Monies for family counseling services established by title 8, chapter 2, article 5.
(d) Monies for juvenile intensive probation services established by title 8, chapter 3, article 4.
4. Probation fees collected pursuant to section 8-321, subsection N for community based alternative programs or diversion programs administered by the juvenile court.
5. Probation fees collected pursuant to section 8-341.
6. Federal monies provided for juvenile probation services.
7. Juvenile probation monies from any other source.
B. The chief fiscal officer shall establish and maintain separate accounts in the fund showing receipts and expenditures of monies from each source listed in subsection A of this section. The presiding juvenile judge of the superior court shall annually present to the board of supervisors for approval a detailed expenditure plan for the juvenile probation services fund accounts. Any modifications to the expenditure plan affecting state appropriations shall be made in accordance with the rules and procedures established by the supreme court. Any modifications to the expenditure plan affecting county appropriated funds shall be made in accordance with the policies established by the county. The chief fiscal officer shall disburse monies from the fund accounts only at the direction of the presiding juvenile judge of the superior court. The chief fiscal officer, on or before August 31 of each year for the preceding fiscal year, shall submit an annual report to the supreme court showing the total amount of receipts and expenditures in each account of the juvenile probation services fund.
C. The state monies in the juvenile probation services fund shall be used in accordance with guidelines established by the supreme court or the granting authority.
D. State monies expended from the juvenile probation services fund shall be used to supplement, not supplant, county appropriations for the superior court juvenile probation department.
E. County monies in the juvenile probation services fund shall be used in accordance with the fiscal policies and procedures established by the board of supervisors.
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A.R.S. 12-269
Probation funding; counties with a population of two million or more persons; surcharge; support
A. The administrative office of the courts shall not disburse any direct state aid for probation services monies, including motor pool costs, that are appropriated for juvenile intensive probation services pursuant to section 8-353, state aid for probation services pursuant to section 12-262, adult intensive probation pursuant to title 13, chapter 9 and community punishment programs pursuant to article 11 of this chapter to a county with a population of two million or more persons.
B. A county with a population of two million or more persons shall maintain probation standards that are otherwise prescribed by law, except that the probation ratios that are listed in sections 8-203, 8-353, 12-251 and 13-916 do not apply. The county shall maintain appropriate ratios of officers to probationers consistent with evidence based practices in differentiated case management and shall annually report its performance to the chief justice of the Arizona supreme court, the speaker of the house of representatives and the president of the senate on or before October 1 of each year. The annual report shall include, for each probation program, the rate of successful completion of probation, the rate of new felony convictions and the rate of commitment to the state department of corrections or the department of juvenile corrections.
C. In lieu of the surcharge prescribed in section 12-114.01 and in addition to any other penalty assessment provided by law, a county with a population of two million or more persons shall levy a probation surcharge in an amount determined by the county on every fine, penalty and forfeiture imposed and collected by the superior, justice and municipal courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except parking violations, or for a violation of the game and fish statutes in title 17.
D. The monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the adult probation services fund established by section 12-267 or in the juvenile probation fund established by section 12-268 in such proportion as determined by the board of supervisors.
E. For the purposes of sections 12-267 and 12-268, in a county with a population of two million or more persons, probation fees under section 13-901 and probation surcharges under this section are not state appropriations.
F. Notwithstanding any other provision of this section, the administrative office of the courts shall provide centralized support services to all counties from monies that are provided for probation programs.
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A.R.S. 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.
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A.R.S. 12-281
Oath; bond; salary; prohibition
A. The clerk of the superior court shall take the oath of office and give a bond in the sum of five thousand dollars conditioned upon the faithful performance of the duties of that office and the payment of all monies to the person entitled to receive them. The bond is subject to approval by the presiding superior court judge.
B. In counties having a population of five hundred thousand or more persons, as determined by the latest preceding federal decennial census, the annual salary of the clerk of the superior court is seventy-six thousand six hundred dollars until modified.
C. In counties having a population of less than five hundred thousand persons, as determined by the latest preceding federal decennial census, the annual salary of the clerk of the superior court is sixty-three thousand eight hundred dollars until modified.
D. The annual salary of the clerk of the superior court shall be reviewed by the commission on salaries for elective state officers pursuant to section 41-1903.
E. The clerk of the superior court and the clerk's deputies are prohibited from practicing law or forming a partnership with an attorney-at-law. This subsection does not prohibit the clerk or the clerk's employees from providing to the public, including litigants, information regarding documents routinely filed with the clerk.
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