Assigned to APPROP FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2573
alternative prosecution; diversion; fund; appropriation
Purpose
Establishes the Alternative Prosecution and Diversion Program Fund (Fund), administered
by the Arizona Criminal Justice Commission (ACJC), to establish and operate alternative
prosecution and diversion programs. Appropriates $10,000,000 from the state General Fund (state
GF) in FY 2023 to the Fund.
Background
The ACJC was established in 1982 to enhance the effectiveness and coordination of the
criminal justice system in Arizona. Statute requires the ACJC to: 1) monitor progress and
implementation of new and continuing criminal justice legislation; 2) facilitate research among
criminal justice agencies and maintain criminal justice system information; 3) facilitate
coordinated statewide efforts to improve criminal justice information and data sharing; 4) prepare
a biennial criminal justice system review report for the Governor; 5) provide supplemental reports
on criminal justice issues of special timeliness; 6) in coordination with other governmental
agencies, gather and disseminate information on programs designed to effectuate community
crime prevention and education using citizen participation and on programs for alcohol and drug
abuse prevention, education and treatment; 7) make recommendations to the Legislature and the
Governor regarding the purposes and formula for allocation of Fund monies through the biennial
agency budget request; 8) adopt rules for the purpose of allocating Fund monies; 9) make reports
to the Governor and the Legislature as required; 10) oversee the research, analyses, studies, reports
and publications of crime and criminal justice statistics prepared by the Arizona Statistical
Analysis Center; 11) prepare an annual report on law enforcement activities in Arizona that are
funded by the Drug and Gang Enforcement Fund and that relate to illicit drugs and drug-related
gang activity; 12) compile and disseminate information on best practices for cold case
investigations; and 13) submit an annual recidivism report to the Legislature that compares the
recidivism rate for a person who serves a term of mandatory incarceration in a county jail and a
person who serves that term of mandatory incarceration in prison (A.R.S. ยง 41-2405).
H.B. 2573 appropriates $10,000,000 from the state GF in FY 2023 to the Fund.
Provisions
1. Establishes the Fund, administered by ACJC, consisting of legislative appropriations, gifts,
grants and donations.
2. Appropriates $10,000,000 from the state GF in FY 2023 to the Fund.
3. Specifies that Fund monies are continuously appropriated. FACT SHEET
H.B. 2573
Page 2
4. Requires ACJC to allocate Fund monies to county attorneys to establish and operate alternative
prosecution and diversion programs in accordance with ACJC rules relating to the allocation
of Fund monies.
5. Requires the ACJC rules to provide that county attorneys who explore, develop, apply and
evaluate evidence-based practices for diversion from prosecution and alternatives to
prosecution may be eligible for funding.
6. Requires Fund monies to supplement and not supplant available monies for alternative
prosecution and diversion programs.
7. Requires ACJC, by September 30, 2023, and each fiscal year thereafter, to submit a report to
the Joint Legislative Budget Committee on the use of the monies and outcomes obtained by
the alternative prosecution and diversion programs during the previous fiscal year.
8. Requires each county attorney, on request by ACJC, to provide information reasonably
necessary to complete the annual reports.
9. Requires the county treasurer to invest Fund monies and requires interest earned to be
expended only for the alternative prosecution and diversion programs.
10. Exempts the appropriation from lapsing.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
House Action
JUD 2/16/22 DP 10-0-0-0
APPROP 2/21/22 DPA 10-2-0-1
3
rd
Read 2/24/22 49-10-1
Prepared by Senate Research
March 25, 2022
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