HB 4158

House Engrossed
criminal justice;
  2026-2027
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 130
HOUSE BILL 4158
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_STATUTE12-114. 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_STATUTE12-116.10. 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_STATUTE13-810. 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, 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_STATUTE31-281. 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_STATUTE31-284. 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_STATUTE31-285. 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_STATUTE41-710.03. 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_STATUTE41-1401. 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_STATUTE41-1641. 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_STATUTE41-1731. 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_STATUTE41-1732. 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.
APPROVED BY THE GOVERNOR JUNE 13, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 13, 2026.