Assigned to APPROP FOR COMMITTEE ARIZONA STATE SENATE Fifty-Sixth Legislature, Second Regular Session FACT SHEET FOR S.B.1739 criminal justice; 2024-2025. Purpose Makes statutory and session law changes relating to criminal justice necessary to implement the FY 2025 state budget. Background The Arizona Constitution prohibits substantive law from being included in the general appropriations, capital outlay appropriations and supplemental appropriations bills. However, it is often necessary to make statutory and session law changes to effectuate the budget. Thus, separate bills called budget reconciliation bills (BRBs) are introduced to enact these provisions. Because BRBs contain substantive law changes, the Arizona Constitution provides that they become effective on the general effective date, unless an emergency clause is enacted. S.B. 1739 contains the budget reconciliation provisions for changes relating to criminal justice. Provisions Judiciary 1. Renames the Court Appointed Special Advocate Fund to the Court Appointed Special Advocate and Vulnerable Persons Fund (Court Appointed Persons Fund). 2. Allows monies in the Court Appointed Persons Fund to be used for court functions benefitting vulnerable persons. Attorney General (AG) 3. Delays, from August 27, 2024, to August 27, 2025, the date after which the AG is prohibited from using monies in the Anti-Racketeering Revolving Fund to pay for salaries for FTEs in the AG's office. Department of Public Safety (DPS) 4. Requires DPS to prioritize applications of in-state residents when issuing a concealed carry weapon permit (CCW). 5. Requires DPS, by July 31 of each year, to report to the Joint Legislative Budget Committee on the number of CCWs issued in the prior fiscal year. FACT SHEET S.B. 1739 Page 2 6. Requires the annual report to include the number of outstanding CCW applications that have not been issued, and the average turnround time to issue a CCW. 7. Allows DPS to use appropriated monies from the Fingerprint Clearance Card Fund for rent payments on the Vehicle and Evidence Storage Facility. 8. Delays, from July 1, 2025, to July 1, 2027, the full implementation date of the Major Incident Division within DPS. 9. Allows monies in the Fentanyl Prosecution, Diversion and Testing Fund (Fentanyl Fund) to be used beyond FY 2024 and exempts monies in the Fentanyl Fund from lapsing. 10. Repeals the Fentanyl Fund on July 1, 2025, and directs any unexpended or unencumbered monies in the Fentanyl Fund to be transferred to the state General Fund (state GF). Antihuman Trafficking Grant Fund (Anti-Trafficking Fund) 11. Allows monies in the Anti-Trafficking Fund to be used beyond FY 2024 and exempts monies in the Anti-Trafficking Fund from lapsing. 12. Repeals the Anti-Trafficking Fund on July 1, 2025, and directs any unexpended or unencumbered monies to be transferred to the state GF. Nonprofit Security Grant Program (Program) (Retroactive to July 1, 2024) 13. Allows Program monies to be used for hiring permanent or contracted security personnel. 14. Limits Program funding eligibility to entities that have not received federal funding for the last three federal grant cycles, excluding the current federal fiscal year in which the applicant applies. 15. Modifies funding eligibility criteria to require an entity to demonstrate a specified risk or threat that either is occurring or has occurred in the two years prior to applying for a grant. 16. Removes, as eligibility requirements for program funding, that entities must be unable to: a) secure a contracted vulnerability assessment; and b) apply for funding due to an inability to fund the request up front and wait for reimbursement. 17. Requires the Arizona Department of Homeland Security (AZDOHS) to create an informal review panel consisting of at least three members with experience in security risks for nonprofits to review AZDOHS's scoring of applications in order to ensure that applications meet outlined criteria. 18. Requires at least one member of the panel to have knowledge of rural nonprofit security needs, and at least one member with knowledge of urban nonprofit security needs. 19. Prohibits members of the panel from receiving compensation or reimbursement for travel expenses. FACT SHEET S.B. 1739 Page 3 20. Exempts monies in the Program Fund from lapsing and directs any unexpended or unencumbered monies to be transferred to the state GF after the Program is repealed on October 1, 2028. Arizona Department of Corrections Rehabilitation and Reentry (ADCRR) 21. Allows ADCRR, at the Director's discretion, to use monies in the Transition Program Fund and the Alcohol Abuse and Treatment Fund for any ADCRR expenses in FY 2025. Miscellaneous 22. Becomes effective on the general effective date, with a retroactive provision as noted. Prepared by Senate Research June 12, 2024 ZD/slp