Arizona SB 1496: prisoners; drug sentences; out-of-custody treatment

Bill Text

SB1496 - 532R - I Ver 

 REFERENCE TITLE: prisoners; drug sentences; out-of-custody treatment� 

 State of Arizona

 Senate

 Fifty-third Legislature

 Second Regular Session

 2018

 SB 1496

 Introduced by 

 Senator 
 Smith

AN 
ACT

amending sections 11-532, 31‑411.01 
and 41‑1604.16, Arizona Revised Statutes; amending laws 2017, chapter 
286, section 1; relating to prisoners.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it 
enacted by the Legislature of the State of Arizona:

Section 1. Section 11-532, Arizona Revised Statutes, 
is amended to read:

START_STATUTE11-532. Powers 
and duties; definition

A. The 
county attorney is the public prosecutor of the county and shall:

1. Attend 
the superior and other courts within the county and conduct, on behalf of the 
state, all prosecutions for public offenses.

2. Institute 
proceedings before magistrates for the arrest of persons charged with or 
reasonably suspected of public offenses when the county attorney has 
information that the offenses have been committed.

3. If 
not engaged in criminal proceedings in the superior court, attend on the magistrates 
in cases of arrest if required by them, and attend before and give advice to 
the grand jury.

4. Draw 
indictments and informations, defend actions brought against the county and 
prosecute actions to recover recognizances forfeited in courts of record and 
actions for recovery of debts, fines, penalties and forfeitures accruing to the 
state or county.

5. Deliver 
receipts for monies or property received in the county attorney's official 
capacity and file duplicate receipts with the clerk of the board.

6. On 
the first Monday of January, April, July and October in each year, file with 
the board of supervisors an account, verified by oath, of all monies received 
in the county attorney's official capacity during the preceding three months, 
and at the same time pay it to the county treasurer.

7. When 
required, give a written opinion to county officers on matters relating to the 
duties of their offices.

8. Keep 
a register of official business, and enter in the register every action 
prosecuted, criminal or civil, and of the proceedings of the action.

9. Act 
as the legal advisor to the board of supervisors, attend its meetings and 
oppose claims against the county that the county attorney deems unjust or 
illegal.

10. Act 
as attorney for school districts except as provided in section 15‑343, or 
except in any lawsuits involving a conflict of interest with other county 
offices at which time the attorney general may represent the school district.

11. Act 
as attorney for the community college district except as provided in section 15‑1448 
or except in any lawsuits involving a conflict of interest with other county 
offices, at which time the attorney general may represent the community college 
district.

12. Defend 
all locally valued and assessed property tax appeals as provided in section 42‑16208.

B. On 
receipt of an appellant's brief in a criminal appeal, the county attorney shall 
furnish the attorney general with a true statement of the facts in the case, 
together with the available authorities and citations that are responsive to 
the assignments or specifications of error.

C. The 
county attorney may represent a school district governing board member against 
whom an action is brought in the board member's individual capacity until it is 
established as a matter of law that the alleged activity or events that form 
the basis of the complaint were not performed, or not directed to be performed, 
within the scope or course of the member's duties.

D. Notwithstanding 
article 12 of this chapter, in connection with the investigation or prosecution 
of any matter involving the death of a person, the county attorney may request 
that the medical examiner, for the county in which the prosecution will take 
place, conduct the medical examination. 

E. The 
county attorney may provide civil legal services to another county or other 
political subdivision of this state or an officer, employee or agency of a 
political subdivision of this state at the request of that county's or 
political subdivision's elected or appointed general counsel or pursuant to an 
intergovernmental agreement entered into by the county and the other political 
subdivision as provided in chapter 7, article 3 of this title at the request of 
the county attorney. Any intergovernmental agreement shall state any 
payment to be rendered for the services and the scope of the 
representation. The county attorney may also obtain civil legal 
services for the county or for an officer, employee or agency of the county, 
from the elected or appointed general counsel of another county or other 
political subdivision of this state by request or pursuant to an 
intergovernmental agreement.

F. If 
the county attorney administers a felony pretrial intervention program for the 
county, the county attorney may not exclude a person f