REFERENCE TITLE: homelessness; data; performance audit State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2435 Introduced by Representative Gress: Senator Kavanagh An Act amending section 41-2405, Arizona Revised Statutes; relating to homelessness. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: homelessness; data; performance audit
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2435
Introduced by Representative Gress: Senator Kavanagh
REFERENCE TITLE: homelessness; data; performance audit
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2435
Introduced by
Representative Gress: Senator Kavanagh
An Act
amending section 41-2405, Arizona Revised Statutes; relating to homelessness.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 41-2405, Arizona Revised Statutes, is amended to read: START_STATUTE41-2405. Arizona criminal justice commission; powers and duties; staff A. The Arizona criminal justice commission shall: 1. Monitor the 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 for the governor a biennial criminal justice system review report. The report shall contain: (a) An analysis of all criminal justice programs created by the legislature in the preceding two years. (b) An analysis of the effectiveness of the criminal code, with a discussion of any problems and recommendations for revisions if deemed necessary. (c) A study of the level of activity in the several areas of the criminal justice system, with recommendations for redistribution of criminal justice revenues if deemed necessary. (d) An overall review of the entire criminal justice system, including crime prevention, criminal apprehension, prosecution, court administration and incarceration at the state and local levels as well as funding needs for the system. (e) Recommendations for constitutional, statutory and administrative revisions that are necessary to develop and maintain a cohesive and effective criminal justice system. 5. Provide supplemental reports on criminal justice issues of special timeliness. 6. In coordination with other governmental agencies, gather information on programs that are designed to effectuate community crime prevention and education using citizen participation and on programs for alcohol and drug abuse prevention, education and treatment and disseminate that information to the public, political subdivisions, law enforcement agencies and the legislature. 7. Make recommendations to the legislature and the governor regarding the purposes and formula for allocation of fund monies as provided in section 41-2401, subsection D and section 41-2402 through the biennial agency budget request. 8. Adopt rules for the purpose of allocating fund monies as provided in sections 41-2401, 41-2402 and 41-2407 that are consistent with the purposes set forth in those sections and that promote effective and efficient use of the monies. 9. Make reports to the governor and the legislature as they require. 10. Oversee the research, analyses, studies, reports and publication of crime and criminal justice statistics prepared by the Arizona statistical analysis center, which is an operating section of the Arizona criminal justice commission. 11. Prepare an annual report on law enforcement activities in this state that are funded by the drug and gang enforcement fund or the criminal justice enhancement fund and that relate to illicit drugs and drug related drug-related gang activity. The report shall be submitted by October 31 of each year to the governor, the president of the senate and the speaker of the house of representatives and a copy shall be submitted to the secretary of state. The report shall include: (a) The name and a description of each law enforcement program dealing with illegal drug activity or street gang activity, or both. (b) The objective and goals of each program. (c) The source and amount of monies received by each program. (d) The name of the agency or entity that administers each program. (e) The effectiveness of each program. 12. Compile and disseminate information on best practices for cold case investigations, including effective victim communication procedures. For the purposes of this paragraph, "cold case" means a homicide or a felony sexual offense that remains unsolved for one year or more after being reported to a law enforcement agency and that has no viable and unexplored investigatory leads. 13. Beginning January 1, 2019, 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 pursuant to section 28-1383 and a person who serves that term of mandatory incarceration in prison. 14. Direct first responders, medical examiners and the arizona health care cost containment system to provide information and data on drug overdoses among individuals experiencing homelessness, including the number of drug overdoses and deaths caused by drug overdoses, to the arizona criminal justice commission. 15. Direct criminal justice agencies in this state to collect and provide information indicating crimes committed by individuals who are identified as homeless and crimes committed against individuals who are identified as homeless. 16. Submit an annual report on paragraphs 14 and 15 of this subsection to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state. B. The Arizona criminal justice commission, as necessary to perform its functions, may: 1. Request any state or local criminal justice agency to submit any necessary information. 2. Form subcommittees, make studies, conduct inquiries and hold hearings. 3. Subject to chapter 4, article 4 of this title, employ consultants for special projects and such staff as deemed necessary or advisable to carry out this section. 4. Delegate its duties to carry out this section, including: (a) The authority to enter into contracts and agreements on behalf of the commission. (b) Subject to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title, the authority to appoint, hire, terminate and discipline all personnel of the commission, including consultants. 5. Establish joint research and information facilities with governmental and private agencies. 6. Accept and expend public and private grants of monies, gifts and contributions and expend spend, distribute or allocate monies appropriated to the commission for the purpose of enhancing efforts to investigate or prosecute and adjudicate any crime and to implement this chapter. END_STATUTE Sec. 2. Performance audit; report; delayed repeal A. The auditor general shall conduct a special audit, as defined in section 41-1278, Arizona Revised Statutes, of the amount of monies spent on programs and services for individuals experiencing homelessness in this state, including all of the following: 1. Expenditures by this state. 2. Expenditures by municipalities and counties with homeless populations higher than the per capita average of this state. 3. Expenditures of federal monies allocated to this state for homeless programs. 4. Expenditures by state and local law enforcement agencies to address homelessness, including transportation to emergency shelters, responding to crisis calls, providing overnight shelter in jail and enforcing camping bans. B. All state and local governmental entities of this state shall cooperate with the special audit and grant access, at no cost, to all financial records and any other information necessary to complete the special audit. C. The special audit shall examine all of the following: 1. The awarding of any contracts and grants relating to homeless services and support. 2. Any metrics used to examine the success of any expenditures. 3. The efficiency of the use of data management systems in relation to the programs. 4. The expenditure for each individual experiencing homelessness for each service provided. D. On or before December 31, 2026, the auditor general shall submit copies of the special audit report to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state. E. This section is repealed from and after June 30, 2027.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-2405, Arizona Revised Statutes, is amended to read:
START_STATUTE41-2405. Arizona criminal justice commission; powers and duties; staff
A. The Arizona criminal justice commission shall:
1. Monitor the 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 for the governor a biennial criminal justice system review report. The report shall contain:
(a) An analysis of all criminal justice programs created by the legislature in the preceding two years.
(b) An analysis of the effectiveness of the criminal code, with a discussion of any problems and recommendations for revisions if deemed necessary.
(c) A study of the level of activity in the several areas of the criminal justice system, with recommendations for redistribution of criminal justice revenues if deemed necessary.
(d) An overall review of the entire criminal justice system, including crime prevention, criminal apprehension, prosecution, court administration and incarceration at the state and local levels as well as funding needs for the system.
(e) Recommendations for constitutional, statutory and administrative revisions that are necessary to develop and maintain a cohesive and effective criminal justice system.
5. Provide supplemental reports on criminal justice issues of special timeliness.
6. In coordination with other governmental agencies, gather information on programs that are designed to effectuate community crime prevention and education using citizen participation and on programs for alcohol and drug abuse prevention, education and treatment and disseminate that information to the public, political subdivisions, law enforcement agencies and the legislature.
7. Make recommendations to the legislature and the governor regarding the purposes and formula for allocation of fund monies as provided in section 41-2401, subsection D and section 41-2402 through the biennial agency budget request.
8. Adopt rules for the purpose of allocating fund monies as provided in sections 41-2401, 41-2402 and 41-2407 that are consistent with the purposes set forth in those sections and that promote effective and efficient use of the monies.
9. Make reports to the governor and the legislature as they require.
10. Oversee the research, analyses, studies, reports and publication of crime and criminal justice statistics prepared by the Arizona statistical analysis center, which is an operating section of the Arizona criminal justice commission.
11. Prepare an annual report on law enforcement activities in this state that are funded by the drug and gang enforcement fund or the criminal justice enhancement fund and that relate to illicit drugs and drug related drug-related gang activity. The report shall be submitted by October 31 of each year to the governor, the president of the senate and the speaker of the house of representatives and a copy shall be submitted to the secretary of state. The report shall include:
(a) The name and a description of each law enforcement program dealing with illegal drug activity or street gang activity, or both.
(b) The objective and goals of each program.
(c) The source and amount of monies received by each program.
(d) The name of the agency or entity that administers each program.
(e) The effectiveness of each program.
12. Compile and disseminate information on best practices for cold case investigations, including effective victim communication procedures. For the purposes of this paragraph, "cold case" means a homicide or a felony sexual offense that remains unsolved for one year or more after being reported to a law enforcement agency and that has no viable and unexplored investigatory leads.
13. Beginning January 1, 2019, 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 pursuant to section 28-1383 and a person who serves that term of mandatory incarceration in prison.
14. Direct first responders, medical examiners and the arizona health care cost containment system to provide information and data on drug overdoses among individuals experiencing homelessness, including the number of drug overdoses and deaths caused by drug overdoses, to the arizona criminal justice commission.
15. Direct criminal justice agencies in this state to collect and provide information indicating crimes committed by individuals who are identified as homeless and crimes committed against individuals who are identified as homeless.
16. Submit an annual report on paragraphs 14 and 15 of this subsection to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.
B. The Arizona criminal justice commission, as necessary to perform its functions, may:
1. Request any state or local criminal justice agency to submit any necessary information.
2. Form subcommittees, make studies, conduct inquiries and hold hearings.
3. Subject to chapter 4, article 4 of this title, employ consultants for special projects and such staff as deemed necessary or advisable to carry out this section.
4. Delegate its duties to carry out this section, including:
(a) The authority to enter into contracts and agreements on behalf of the commission.
(b) Subject to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title, the authority to appoint, hire, terminate and discipline all personnel of the commission, including consultants.
5. Establish joint research and information facilities with governmental and private agencies.
6. Accept and expend public and private grants of monies, gifts and contributions and expend spend, distribute or allocate monies appropriated to the commission for the purpose of enhancing efforts to investigate or prosecute and adjudicate any crime and to implement this chapter. END_STATUTE
Sec. 2. Performance audit; report; delayed repeal
A. The auditor general shall conduct a special audit, as defined in section 41-1278, Arizona Revised Statutes, of the amount of monies spent on programs and services for individuals experiencing homelessness in this state, including all of the following:
1. Expenditures by this state.
2. Expenditures by municipalities and counties with homeless populations higher than the per capita average of this state.
3. Expenditures of federal monies allocated to this state for homeless programs.
4. Expenditures by state and local law enforcement agencies to address homelessness, including transportation to emergency shelters, responding to crisis calls, providing overnight shelter in jail and enforcing camping bans.
B. All state and local governmental entities of this state shall cooperate with the special audit and grant access, at no cost, to all financial records and any other information necessary to complete the special audit.
C. The special audit shall examine all of the following:
1. The awarding of any contracts and grants relating to homeless services and support.
2. Any metrics used to examine the success of any expenditures.
3. The efficiency of the use of data management systems in relation to the programs.
4. The expenditure for each individual experiencing homelessness for each service provided.
D. On or before December 31, 2026, the auditor general shall submit copies of the special audit report to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.
E. This section is repealed from and after June 30, 2027.