A.R.S. 12-298
Appointment of family law referee or court commissioner; compensation; qualifications; duties; powers; procedures
A. Notwithstanding section 12-213 family law referees or court commissioners shall be appointed by the presiding judge of the superior court in each county to provide for the expeditious establishment and enforcement of support orders brought pursuant to title 25, chapter 5, article 1 and chapter 9, article 10 of this title and actions that are additionally brought pursuant to the Arizona state plan for support collection under the requirements of title IV-D of the social security act (42 United States Code section 651). Family law referees or court commissioners need not be appointed in counties which have received expedited process waivers pursuant to 42 United States Code section 666 (a)(2).
B. Reasonable compensation for family law referees shall be fixed by the presiding judge.
C. The family law referees or court commissioners shall conduct hearings in assigned matters dealing with the establishment and enforcement of support obligations brought under the Arizona state plan for support collection pursuant to the requirements of title IV-D of the social security act (42 United States Code section 651). The powers of a family law referee are those granted to a master under rule 53, Arizona rules of civil procedure. Court commissioners shall have authority to hear and determine matters arising under this subsection or subsection A of this section in addition to the powers granted to court commissioners under rules of the supreme court.
D. The family law referee shall prepare a report on the matters submitted to him consisting of written findings and recommendations. The family law referee shall not ordinarily be required to file with his report a transcript of the proceedings but shall make sufficient findings of fact in his report to justify the recommendations made to the court. The family law referee shall file the report with the clerk of the court along with the original exhibits. The clerk shall provide a copy of the report to all parties.
E. The family law referee may make recommendations of a reasonable amount of child support, using factual findings and applicable support guidelines. The family law referee may make findings regarding support arrearages owed. The family law referee may make recommendations regarding the method and manner of payment, imposition of assignment of earnings or periodic entitlements, or other matters or remedies involved in the establishment or enforcement of support obligations. Unless objection is timely made, the court may accept the family law referee's findings and recommendations and make its order in accordance with them.
F. Either party may file written objections to the findings and recommendations of the family law referee within fifteen days after being served with them. The objecting party shall provide notice for a hearing on the objection as prescribed in rule 6(c), Arizona rules of civil procedure. The court shall accept the findings of fact of the family law referee unless they are clearly erroneous. The court, after a hearing, may adopt the report, modify it in whole or in part, receive further evidence or recommit it with instructions.
G. If a party does not appear before the family law referee after appropriate service, the family law referee may proceed ex parte or may cause a notice to be served on that party of the intent to recommend judgment on the pleadings. Service of such notice shall be by regular mail to the last known address of the party and is deemed complete on mailing. The notice shall advise the nonappearing party that he has fifteen days from the date of mailing to appear or otherwise object to entry of judgment on the pleadings. The court may enter judgment on the pleadings on recommendation of the family law referee if the party does not appear within fifteen days after notice.
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A.R.S. 12-299
Definitions
In this article, unless the context otherwise requires:
1. "Advisory committee" means a local community punishment advisory committee appointed by the presiding judge of the superior court.
2. "Application process and procedures" means the criteria and guidelines developed by the supreme court for establishing community punishment plans, granting monies for programs authorized by this article and monitoring and reviewing programs funded under this article.
3. "Community punishment" means programs for persons placed on supervised probation or intensive probation which are established pursuant to this article and provide for increased conditions of probation and community based programs and services that emphasize supervision, surveillance, control, public protection, community work service, restitution and victims' rights and that provide opportunities for rehabilitation and treatment.
4. "Community punishment plan" means a document which is prepared by the presiding judge of the superior court and submitted to the supreme court pursuant to the requirements set forth in the application process and procedures.
5. "Private human services agency" means a nonprofit or for profit organization which provides treatment, housing or other services to individuals, families or groups.
6. "Renovation" means the repair, remodeling, alteration or expansion of existing buildings or structures to make them habitable or suitable for program operations. Renovation includes the acquisition and installation of necessary initial equipment.
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A.R.S. 12-299.01
Submission of plan; use of monies; prohibitions
A. Subject to available monies, the supreme court shall allocate monies to the superior court in a participating county to establish and operate community punishment programs.
B. The presiding judge of the superior court in each county desiring to participate in the community punishment program prescribed in this article may prepare a plan pursuant to guidelines issued by the supreme court. The plan shall be submitted to the supreme court. The supreme court guidelines shall require that the plan include programs and services which:
1. Enhance the adult probation services system by developing additional probation conditions, programs and services for offenders placed on supervised probation and intensive probation.
2. Provide programs, services and increased supervision, surveillance and control to special probation populations.
3. Promote accountability of offenders to their local community by requiring financial restitution to victims of crimes or community work service to local governments and community agencies.
4. Reduce the number of felony offenders committed by the superior court to county jails by ordering strict terms of control, supervision and correctional treatment as conditions of supervised probation and intensive probation.
5. Maintain safe and cost effective community punishment programs which emphasize supervision, surveillance and control of offenders.
6. Encourage the involvement of local officials and interested citizens in developing local community punishment programs.
7. Promote the development of community punishment programs and services which are tailored to the specific needs of the superior court in each participating county.
C. The plan shall include a proposed budget necessary to implement and operate the plan. All monies provided shall be used to supplement monies currently used for community based sentencing and adult probation programs and services.
D. Monies may be used to develop or expand the range of community punishment programs and services at the local level. Programs and services may include the following:
1. Noncustodial programs and services which involve supervision and surveillance but do not involve housing the offender in a jail or residential facility. Examples include community work service supervision, victim restitution supervision, house arrest, electronic monitoring, victim-offender reconciliation or mediation, alcohol or drug abuse outpatient treatment and psychological or psychiatric counseling.
2. Community residential programs which involve supervision in a residential setting. Examples include restitution centers, halfway houses, detoxification centers, inpatient drug or alcohol treatment and emergency shelters.
3. Individualized services which evaluate the special needs of the population served under this article. Services to the court to assist in the evaluation and screening of eligible offenders may include purchasing psychological, medical, educational or vocational services, drug or alcohol urine screening and a plan for diagnostic evaluations of specific clients. Other services which may be purchased on an individualized basis include job training, alcohol or drug counseling, individual or family counseling, literacy training and education, high school equivalency and transportation subsidies. These services are intended to supplement and enhance the local adult probation system and to enable felony offenders to be treated near their homes.
E. Community punishment monies may be used to implement victims' rights programs and services, case classification and supervision strategies by funding additional probation officers to personally interview victims and witnesses, conduct presentence investigations and supervise reduced case loads of select felony offenders.
F. Community punishment monies may be used to acquire, renovate and operate community based facilities established to provide the programs and services set forth in subsections B and D.
G. The presiding judge of the superior court may enter into agreements with qualified private human services agencies for the provision of any or all of these programs and services.
H. Private human service agencies shall not use these monies to supplant existing monies from this state or the local government for existing community sentencing programs and services.
I. Monies shall not be used for the construction, renovation or operation of county or municipal jails.
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A.R.S. 12-299.02
Community punishment advisory committee; duties
A. In the discretion of the presiding judge of the superior court, a community punishment advisory committee may be appointed before submitting a plan under this article.
B. If a community punishment advisory committee is appointed pursuant to this article, the advisory committee shall:
1. Be composed of at least five members, not more than one-half of whom shall be appointed from the disciplines of law enforcement, corrections, education, mental health, victim services, social services or probation and at least one-half of whom shall be other citizens having an interest in and knowledge of the criminal justice system.
2. Have a chairman and vice-chairman appointed by the presiding judge of the superior court.
3. Operate subject to guidelines and procedures established by the supreme court.
C. The advisory committee shall perform the following duties:
1. Assess community-wide sentencing needs and advise the presiding judge regarding specific programs and services.
2. Review the proposed local plan and make recommendations to the presiding judge.
3. Monitor the effectiveness of local community punishment programs and services and advise the presiding judge regarding needed modifications.
4. Inform and educate the general public regarding the need for community punishment programs.
5. Make a report on a periodic basis to the presiding judge on the status and effectiveness of community punishment programs and services.
D. An advisory committee initially established pursuant to this article shall receive an orientation developed and conducted by the presiding judge with the assistance of the supreme court and the adult probation department.
E. The chief adult probation officer shall provide staff assistance to the advisory committee.
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