Legislation that expands a program that allows non-violent felony criminals to undergo treatment programs as an alternative to prosecution, sponsored by Sen. Steve Smith, was signed into law last week by Governor Doug Ducey. The legislation, SB1278, won unanimous bipartisan support in both chambers.
Under the Felony Pretrial Intervention Program, offenders admit to their guilt, agree to make full restitution to any victims, and enroll in programs to treat substance abuse and other behavioral or health issues.
Currently, Maricopa County is the only county in the state to operate a Felony Pretrial Intervention Program. Senate Bill 1278 provides $2.75 million in the recently passed budget to expand this program to all Arizona counties.
SB1278 Facts:
1) Appropriates $2,750,000 in FY 2018 to ACJC to:
a) Proportionately distribute to county attorneys in counties with populations of less than 3,000,000 persons; and
b) Administer felony pretrial programs.
2) Specifies that the appropriation is from the following funds in the following amounts:
a) Penitentiary Land Fund, $1,000,000;
b) State Charitable, Penal and Reformatory Institutions Land Fund, $1,000,000; and
c) Inmate Store Proceeds Fund, $750,000.
3) Limits use of monies to intervention programs administered by county attorneys.
4) Allows ACJC to use 1% of the appropriated monies for program administrative expenses.
5) Specifies that intervention programs are for non-dangerous, non-repetitive offenders and should provide substance abuse treatment including:
a) Mandatory drug testing when appropriate;
b) Cognitive behavior therapy; and
c) Case management services.
6) Permits county attorneys to place persons with co-occurring disorders in a felony pretrial intervention program.
7) Directs county attorneys to require each program treatment provider to provide a report on each offender’s attendance record and whether an offender fails a drug test.