41-2402

41-2402. Drug and gang enforcement account;
resource center fund

A. A drug and gang enforcement account is established within the criminal justice
enhancement fund consisting of monies appropriated to the account by the legislature and
any other monies available from other sources, public or private, to be used for the
purpose of enhancing efforts to deter, investigate, prosecute, adjudicate and punish drug
offenders and members of criminal street gangs as defined in section 13-105.

B. The Arizona criminal justice commission shall distribute monies from the drug
and gang enforcement account in the following manner:

1. Up to fifty per cent to fund law enforcement agencies approved by the commission
to enhance both:

(a) The investigation of drug and gang offenses and related criminal activity.

(b) Drug and gang education and prevention programs.

2. Up to fifty per cent to fund programs and agencies approved by the commission to
enhance the state, county, city or town prosecution of drug and gang offenses and related
criminal activity.

3. Up to thirty per cent to fund programs and agencies approved by the commission
for the purpose of enhancing the ability of the courts to process drug and gang offenses
and related criminal cases, either through the appointment of judges pro tempore or the
establishment of additional divisions of the courts only for the purposes of this
section, enhancing defense and probation services, including treatment, and funding the
drug testing program.

4. Up to thirty per cent to fund programs by county sheriffs and the state
department of corrections, as approved by the commission, to enhance drug offender
treatment programs and the jail operations and facilities available to detain and
incarcerate drug offenders and members of criminal street gangs as defined in section
13-105.

5. Up to thirty per cent to fund programs and agencies, as approved by the
commission, to enhance the integration of criminal justice records relating to drug and
gang offenders and their related criminal activity.

C. Before any monies are expended from the account, the criminal justice commission
shall submit to the joint legislative budget committee a plan of proposed expenditures
from the account and the anticipated fiscal and operational impact of those expenditures
on all state and local agencies.

D. Any state agency that receives monies allocated from this account shall not
include such monies as part of its continuation budget base for the purpose of requesting
appropriations for the following fiscal year.

E. All the monies allocated from this account shall be dedicated solely to the
purpose of enhancing efforts to deter, investigate, prosecute, adjudicate and punish drug
and gang and related criminal offenders, except those monies allocated pursuant to
subsection H of this section.

F. Notwithstanding the limitations prescribed in subsection B of this section, any
federal monies or matching state monies in the drug and gang enforcement account may only
be allocated by the commission pursuant to a plan approved by the federal government.

G. The auditor general shall annually perform a full and complete audit of the fund
or the commission shall annually contract with an accounting firm to perform the audit
and deliver a report to the governor and the legislature. The audit shall be charged to
the drug and gang enforcement account.

H. A resource center fund is established consisting of monies received pursuant to
section 12-284.03, subsection A, paragraph 1 and section 41-178 and all monies received
from public or private gifts, grants or other sources, excluding federal monies and
monies to be passed through to other entities, to be used solely for the purpose of
funding the Arizona youth survey. Monies in the fund are subject to legislative
appropriation. Any monies unexpended or unencumbered on June 30 of each year shall not be
subsequently expended or encumbered unless reappropriated. No monies in the drug and gang
enforcement account except those received pursuant to this subsection shall be used to
fund the Arizona youth survey. Monies that are expended pursuant to this subsection are
subject to the reporting requirements prescribed in section 41-617.01.