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APPENDIX B

ARIZONA INITIATIVE

ARIZONA INITIATIVE--NOVEMBER 5, 1996

DRUG MEDICALIZATION, PREVENTION, AND CONTROL ACT OF 1996

PROPOSITION 200: TEXT OF PROPOSED LAW 

AMENDING TITLE 13, TITLE 41, AND TITLE 42, OF THE ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 11, BY ADDING SECTION 41-1604.16 RELATING TO ESTABLISHMENT OF THE ARIZONA PARENTS COMMISSION ON DRUG EDUCATION AND PREVENTION; AMENDING TITLE 41, CHAPTER 11, BY ADDING SECTION 41-1604.14 RELATING TO PERSONS NOT ELIGIBLE FOR PAROLE; AMENDING TITLE 13, CHAPTER 13, BY AMENDING SECTION 13-3412 AND ADDING SECTION 13-3412.01 RELATING TO PERMISSIBLE USE OF CONTROLLED SUBSTANCES BY SERIOUSLY ILL OR TERMINALLY ILL PATIENTS; AMENDING TITLE 41, CHAPTER 11, BY ADDING SECTION 41-1604.15 AND AMENDING TITLE 31, CHAPTER 3, BY ADDING SECTION 31-411.01 RELATING TO PAROLE FOR PERSONS CONVICTED OF PERSONAL POSSESSION OR USE OF CONTROLLED SUBSTANCES; AMENDING TITLE 13, CHAPTER 9, BY ADDING SECTION 13-901.01 RELATING TO PROBATION FOR PERSONS CONVICTED OF PERSONAL POSSESSION OR USE OF CONTROLLED SUBSTANCES AND BY ADDING SECTION 13-901.02 RELATING TO

THE ESTABLISHMENT OF THE DRUG TREATMENT AND EDUCATION FUND; AND AMENDING TITLE 42, CHAPTER 12, BY ADDING SECTION 42-1204.01 RELATING TO LUXURY PRIVILEGE TAXES; AND PROVIDING FOR SEVERABILITY.

Be it enacted by the people of the State of Arizona: The following amendments are proposed to become valid when approved by a majority of the qualified electors voting thereon and upon proclamation pursuant thereto by the Governor of the State of Arizona.

Section 1. TITLE

THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "DRUG MEDICALIZATION, PREVENTION, AND CONTROL ACT OF 1996."

Section 2. FINDINGS AND DECLARATIONS

THE PEOPLE OF THE STATE OF ARIZONA FIND AND DECLARE THE FOLLOWING:

(A) ARIZONA'S CURIAM APPROACH TO DRUG CONTROL NEEDS TO BE STRENGTHENED. THIS IS EVIDENCED BY THE FACT THAT, ACCORDING TO THE ARIZONA CRIMINAL JUSTICE COMMISSION, BETWEEN 1991 AND 1993 MARIJUANA USE DOUBLED AMONG ELEMENTARY SCHOOL STUDENTS AND, BETWEEN 1990 AND 1993 QUADRUPLED AMONG MIDDLE-SCHOOL STUDENTS. IN ADDITION TO ACTIVELY ENFORCING OUR CRIMINAL LAWS AGAINST DRUGS, WE NEED TO MEDICALIZE ARIZONA'S DRUG CONTROL POLICY: RECOGNIZING THAT DRUG ABUSE IS A PUBLIC HEALTH PROBLEM AND TREATING ABUSE AS A DISEASE. THUS, DRUG TREATMENT AND PREVENTION MUST BE EXPANDED.

(B) WE MUST ALSO TOUGHEN ARIZONA'S LAWS AGAINST VIOLENT CRIMINALS ON DRUGS. ANY PERSON WHO COMMITS A VIOLENT CRIME WHILE UNDER THE INFLUENCE OF ILLEGAL DRUGS SHOULD SERVE 100% OF HIS OR HER SENTENCE WITH ABSOLUTELY NO EARLY RELEASE.

(C) THOUSANDS OF ARIZONANS SUFFER FROM DEBILITATING DISEASES SUCH AS GLAUCOMA, MULTIPLE SCLEROSIS, CANCER, AND AIDS, BUT CANNOT HAVE ACCESS TO THE NECESSARY DRUGS THEY NEED. ALLOWING DOCTORS TO PRESCRIBE SCHEDULE 1 CONTROLLED SUBSTANCES COULD SAVE VICTIMS OF THESE DISEASES FROM LOSS OF SIGHT, LOSS OF PHYSICAL CAPACITY, AND GREATLY REDUCE THE PAIN AND SUFFERING OF THE SERIOUSLY ILL AND TERMINALLY ILL.

(D) THE DRUG PROBLEMS OF NON-VIOLENT PERSONS WHO ARE CONVICTED OF PERSONAL POSSESSION OR USE OF DRUGS ARE BEST HANDLED THROUGH COURT-SUPERVISED DRUG TREATMENT AND EDUCATION PROGRAMS. THESE PROGRAMS ARE MORE EFFECTIVE THAN LOCKING NON-VIOLENT OFFENDERS UP IN A COSTLY PRISON. PILOT PROGRAMS IN ARIZONA THAT PROVIDE TREATMENT ALTERNATIVES TO PRISON FOR LOW LEVEL DRUG OFFENDERS HAVE A 73% SUCCESS RATE AND COST ROUGHLY 1/8 AS MUCH AS PRISON. OVER THE NEXT DECADE HUNDREDS OF MILLIONS OF DOLLARS CAN BE SAVED BY USING MANDATORY DRUG TREATMENT AND EDUCATION PROGRAMS AS AN ALTERNATIVE TO PRISON.

(E) VIOLENT OFFENDERS ARE NOT ADEQUATELY PUNISHED DUE TO THE PRISON OVER-CROWDING CRISIS IN ARIZONA. PLACING NON-VIOLENT PERSONS WHO ARE CONVICTED OF PERSONAL POSSESSION OR USE OF DRUGS IN COURT-SUPERVISED DRUG TREATMENT AND EDUCATION PROGRAMS WILL FREE UP SPACE IN OUR PRISONS SO THAT THERE IS ROOM TO INCARCERATE VIOLENT OFFENDERS AND DRUG DEALERS.

(F) THE MISSING LINK IN DRUG EDUCATION AND PREVENTION IS PARENTAL INVOLVEMENT. THE TAX DOLLARS SAVED BY ELIMINATING PRISON TIME FOR NON-VIOLENT PERSONS CONVICTED OF PERSONAL POSSESSION OR USE OF DRUGS SHOULD BE USED FOR DRUG TREATMENT AND EDUCATION. TARGETED AT PROGRAMS THAT INCREASE PARENTAL INVOLVEMENT IN THEIR CHILDREN'S DRUG-EDUCATION.

Section 3. PURPOSE AND INTENT

THE PEOPLE OF THE STATE OF ARIZONA DECLARE THEIR PURPOSES TO BE AS FOLLOWS:

(A) TO REQUIRE THAT ANY PERSON WHO COMMITS A VIOLENT CRIME UNDER THE INFLUENCE OF DRUGS SERVE 100 PERCENT OF HIS OR HER SENTENCE AND NOT BE ELIGIBLE FOR PAROLE OR ANY FORM OF EARLY RELEASE.

(B) TO PERMIT DOCTORS TO PRESCRIBE SCHEDULE 1 CONTROLLED SUBSTANCES TO TREAT A DISEASE, OR TO RELIEVE THE PAIN AND SUFFERING OF SERIOUSLY ILL AND TERMINALLY ILL PATIENTS.

(C) TO REQUIRE THAT NON-VIOLENT PERSONS CONVICTED OF PERSONAL POSSESSION OR USE OF DRUGS SUCCESSFULLY UNDERGO COURT-SUPERVISED MANDATORY DRUG TREATMENT PROGRAMS AND PROBATION.

(D) TO REQUIRE THAT NON-VIOLENT PERSONS CURRENTLY IN PRISON FOR PERSONAL POSSESSION OR USE OF ILLEGAL DRUGS, AND NOT SERVING A CONCURRENT SENTENCE FOR ANOTHER CRIME, OR PREVIOUSLY CONVICTED OR SENTENCED OR SUBJECT TO SENTENCING UNDER ANY HABITUAL CRIMINAL STATUTE IN ANY JURISDICTION IN THE UNITED STATES, BE MADE ELIGIBLE FOR IMMEDIATE PAROLE AND DRUG TREATMENT. EDUCATION AND COMMUNITY SERVICE.

(E) TO FREE UP SPACE IN OUR PRISONS TO PROVIDE ROOM FOR VIOLENT OFFENDERS.

(F) TO EXPAND THE SUCCESS OF PILOT DRUG INTERVENTION PROGRAMS WHICH DIVERT DRUG OFFENDERS FROM PRISON TO DRUG TREATMENT, EDUCATION, AND COUNSELING.

Section 4.

Title 41, Chapter 11, Arizona Revised Statutes, is amended by adding Section 41-1604.16 to read as follows:

SECTION 41-1604.16. ARIZONA PARENTS COMMISSION ON DRUG EDUCATION AND PREVENTION.

A. THE ARIZONA PARENTS COMMISSION ON DRUG EDUCATION AND PREVENTION IS HEREBY CREATED. THE COMMISSION SHALL CONSIST OF NINE (9) MEMBERS. THE MEMBERS OF THE COMMISSION SHALL BE APPOINTED BY THE GOVERNOR WITHIN SIXTY (60) DAYS OF THE EFFECTIVE DATE OF THIS ACT AND SHALL SERVE A TWO YEAR TERM. OF THE NINE MEMBERS, FIVE SHALL BE PARENTS WITH CHILDREN CURRENTLY ENROLLED IN AN ARIZONA SCHOOL, ONE SHALL BE A REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY, ONE SHALL BE AN EDUCATOR IN A LOCAL SCHOOL DISTRICT, ONE SHALL BE A REPRESENTATIVE OF A COUNTY PROBATION DEPARTMENT, AND ONE SHALL BE A REPRESENTATIVE OF THE DRUG EDUCATION AND TREATMENT COMMUNITY.

B. EACH MEMBER SHALL BE APPOINTED FOR A TERM OF TWO YEARS. THE MEMBERS SHALL RECEIVE NO PAY, BUT MAY BE REIMBURSED FOR ACTUAL EXPENSES INCURRED ON COMMISSION BUSINESS.

C. THE COMMISSION SHALL FUND PROGRAMS THAT WILL INCREASE AND ENHANCE PARENTAL INVOLVEMENT AND WILL INCREASE EDUCATION ABOUT THE SERIOUS RISKS AND PUBLIC HEALTH PROBLEMS CAUSED BY THE ABUSE OF ALCOHOL AND CONTROLLED SUBSTANCES.

D. THE COMMISSION SHALL CONTRACT FOR ADMINISTRATIVE AND PROFESSIONAL SERVICES WITH A NOT FOR PROFIT ORGANIZATION OR GOVERNMENT ENTITY WITH EXPERTISE IN SUBSTANCE ABUSE EDUCATION AND PREVENTION.

Section 5.

Title 41, Chapter 11, Arizona Revised Statutes, is amended by adding Section 41-1604.14 to read as follows:

SECTION 41-1604.14. PAROLE NONELIGIBILITY; VIOLENT CRIME; INFLUENCE OF CONTROLLED SUBSTANCE; DEFINITION.

A. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY PERSON CONVICTED OF A VIOLENT CRIME COMMITTED WHILE UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE IN VIOLATION OF THE PROVISIONS TITLE 13, CHAPTER 34, IS NONELIGIBLE FOR PAROLE AND MUST SERVE 100 PERCENT OF HIS OR HER SENTENCE IN PRISON. PURSUANT TO SECTION 41-1604.09, THE DIRECTOR SHALL INCLUDE ANY SUCH PERSON IN THE CLASSES OF NON-ELIGIBILITY REQUIRED TO BE ESTABLISHED BY THE DIRECTOR.

B. FOR THE PURPOSE OF THIS SECTION, A VIOLENT CRIME INCLUDES ANY CRIMINAL ACT WHICH RESULTS IN DEATH OR PHYSICAL INJURY OR ANY CRIMINAL USE OF WEAPONS OR DANGEROUS INSTRUMENTS.

Section 6.

Title 13, Chapter 13, Section 13-3412, Arizona Revised Statutes, is amended as follows:

Section 13-3412. Exceptions and exemptions; burden of proof; privileged communications

A. The provisions of Sections 13-3402, 13-3403, 13-3404, 13-3404.01 and 13-3405 through 13-3409 do not apply to:

1. Manufacturers, wholesalers, pharmacies and pharmacists under the provisions of Sections 32-1921 and 32-1961.

2. Medical practitioners, pharmacies and pharmacists while acting in the course of their professional practice, in good faith and in accordance with generally accepted medical standards.

3. Persons who lawfully acquire and use such drugs only for scientific purposes.

4. Officers and employees of the United States, this state or a political subdivision of the United States or this state, while acting in the course of their official duties.

5. An employee or agent of a person described in paragraphs 1 through 4 of this subsection, and a registered nurse or medical technician under the supervision of a medical practitioner, while such employee, agent, nurse or technician is acting in the course of professional practice or employment, and not on his own account.

6. A common or contract carrier or warehouseman, or an employee of such carrier or warehouseman, whose possession of such drugs is in the usual course of business or employment.

7. Persons lawfully in possession or control of controlled substances authorized by title 36, chapter 27.

8. Persons who sell any non-narcotic substance that under the federal food, drug and cosmetic act may lawfully be sold over the counter without a prescription.

9. THE RECEIPT, POSSESSION OR USE, OF A CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE I OF SECTION 36-2512, BY ANY SERIOUSLY ILL OR TERMINALLY ILL PATIENT, PURSUANT TO THE PRESCRIPTION OF A DOCTOR IN COMPLIANCE WITH THE PROVISIONS OF SECTION 13-3412.01.

B. In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of this chapter the burden of proof of any such exception, excuse, defense or exemption is on the defendant.

C. In addition to other exceptions to the physician-patient privilege, information communicated to a physician in an effort to procure unlawfully a prescription-only, dangerous or narcotic drug, or to procure unlawfully the administration of such drug, is not a privileged communication.

Section 7.

Title 13, Chapter 13, Arizona Revised Statutes, is amended by adding Section 13-3412.01 to read as follows:

SECTION 13-341 2.01. PRESCRIBING CONTROLLED SUBSTANCES INCLUDED IN SCHEDULE 1 OF SECTION 36-2512 FOR SERIOUSLY ILL AND TERMINALLY ILL PATIENTS.

A. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY MEDICAL DOCTOR LICENSED TO PRACTICE IN ARIZONA MAY PRESCRIBE A CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE I OF SECTION 36-2512 TO TREAT A DISEASE, OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT ORTERMINALLY ILL PATIENT, SUBJECT TO THE PROVISIONS OF SECTION 13-3412.01. IN PRESCRIBING SUCH A CONTROLLED SUBSTANCE, THE MEDICAL DOCTOR SHALL COMPLY WITH PROFESSIONAL MEDICAL STANDARDS.

B. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY MEDICAL DOCTOR MUST DOCUMENT THAT SCIENTIFIC RESEARCH EXISTS WHICH SUPPORTS THE USE OF A CONTROLLED SUBSTANCE LISTED INSCHEDULE I OF SECTION 36-2512 TO TREAT A DISEASE, OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT OR TERMINALLY ILL PATIENT BEFORE PRESCRIBING THE CONTROLLED SUBSTANCE. A MEDICAL DOCTOR PRESCRIBING A CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE I OF SECTION 36-2512 TO TREAT A DISEASE, OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT OR TERMINALLY ILL PATIENT, MUST OBTAIN THE WRITTEN OPINION OF A SECOND MUNICIPAL DOCTOR THAT THE PRESCRIBING OF THE CONTROLLED SUBSTANCE IS APPROPRIATE TO TREAT A DISEASE OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT OR TERMINALLY ILL PATIENT. THE WRITTEN OPINION OF THE SECOND MEDICAL DOCTOR SHALL BE KEPT IN THE PATIENT'S OFFICIAL MEDICAL FILE. BEFORE PRESCRIBING THE CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE I OF SECTION 36-2512 THE MEDICAL DOCTOR SHALL RECEIVE IN WRITING THE CONSENT OF THE PATIENT.

C. ANY FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION MAY BE THE SUBJECT OF INVESTIGATION AND APPROPRIATE DISCIPLINING ACTION BY THE BOARD OF MEDICAL EXAMINERS.

Section 8.

Title 41, Chapter 11. Arizona Revised Statutes, is amended by adding Section 41-1604.15 to read as follows:

SECTION 41-1604.15. PAROLE ELIGIBILITY FOR PERSONS PREVIOUSLY CONVICTED OF PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE

A. NOTWITHSTANDING ANY LAW TO THE CONTRARY, IF A PRISONER HAS BEEN CONVICTED OF THE PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN SECTION 36-2501, AND IS NOT CONCURRENTLY SERVING ANOTHER SENTENCE, THE PRISONER SHALL BE ELIGIBLE FOR PAROLE.

B. ANY PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 41-1604.14, SUBSECTION B OR HAS PREVIOUSLY BEEN CONVICTED, SENTENCED OR SUBJECT TO SENTENCING UNDER ANY HABITUAL CRIMINAL STATUTE IN ANY JURISDICTION IN THE UNITED STATES,

SHALL NOT BE ELIGIBLE FOR PAROLE PURSUANT TO THE PROVISIONS OF THIS SECTION.

C. PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE PURSUANT TO THIS ACT SHALL NOT INCLUDE POSSESSION FOR SALE, PRODUCTION, MANUFACTURING, OR TRANSPORTATION FOR SALE OF ANY CONTROLLED SUBSTANCE.

D. WITHIN NINETY (90) DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE DIRECTOR OF THE STATE DEPARTMENT OF CORRECTIONS SHALL PREPARE A LIST WHICH IDENTIFIES EACH PERSON WHO IS ELIGIBLE FOR PAROLE PURSUANT TO THE PROVISIONS OF THIS SECTION, AND DELIVER THE LIST TO THE BOARD OF EXECUTIVE CLEMENCY.

Section 9.

Title 31, Chapter 3, Arizona Revised Statutes, is amended by adding Section 31-411.01 to read as follows:

Section 31-411.01. PAROLE FOR PERSONS PREVIOUSLY CONVICTED OF PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE; TREATMENT; PREVENTION; EDUCATION; TERMINATION OF PAROLE

A. NOTWITHSTANDING ANY LAW TO THE CONTRARY, EVERY PRISONER WHO IS ELIGIBLE FOR PAROLE PURSUANT TO THE PROVISIONS OF SECTION 41-1604.15 SHALL BE RELEASED UPON PAROLE, PROVIDED, HOWEVER THAT IF THE BOARD OF EXECUTIVE CLEMENCY DETERMINES THAT A PRISONER SO ELIGIBLE WOULD BE A DANGER TO THE GENERAL PUBLIC, THAT PRISONER SHALL NOT BE RELEASED UPON PAROLE.

B. AS TO EACH PRISONER RELEASED UPON PAROLE PURSUANT TO THE PROVISIONS OF THIS SECTION, THE BOARD SHALL ORDER THAT AS A CONDITION OF PAROLE THE PERSON BE REQUIRED TO PARTICIPATE IN AN APPROPRIATE DRUG TREATMENT OR EDUCATION PROGRAM ADMINISTERED BY A QUALIFIED AGENCY OR ORGANIZATION THAT PROVIDES SUCH TREATMENTS TO PERSONS WHO ABUSE CONTROLLED SUBSTANCES. EACH PERSON ENROLLED IN A DRUG TREATMENT OR EDUCATION PROGRAM SHALL BE REQUIRED TO PAY FOR HIS OR HER PARTICIPATION IN THE PROGRAM TO THE EXTENT OF HIS OR HER FINANCIAL ABILITY.

C. EACH PERSON RELEASED UPON PAROLE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL REMAIN ON PAROLE UNLESS THE BOARD REVOKES PAROLE OR GRANTS AN ABSOLUTE DISCHARGE FROM PAROLE OR UNTIL THE PRISONER REACHES HIS OR HER INDIVIDUAL EARNED RELEASE CREDIT DATEPURSUANT TO SECTION 41-1604.10. WHEN THE PRISONER REACHES HIS OR HER INDIVIDUAL EARNED RELEASE CREDIT DATE, HIS OR HER PAROLE SHALL BE TERMINATED AND HE OR SHE SHALL NO LONGER BE UNDER THE AUTHORITY OF THE BOARD.

Section 10.

Title 13, Chapter 9, Arizona Revised Statutes, is amended by adding Section 13-901.01 to read as follows:

SECTION 13-901.01. PROBATION FOR PERSONS CONVICTED OF PERSONAL POSSESSION AND USE OF CONTROLLED SUBSTANCES; TREATMENT; PREVENTION; EDUCATION.

A. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY PERSON WHO IS CONVICTED OF THE PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN SECTION 36-2501 SHALL BE ELIGIBLE FOR PROBATION. THE COURT SHALL SUSPEND THE IMPOSITION OR EXECUTION OF SENTENCE AND PLACE SUCH PERSON ON PROBATION.

B. ANY PERSON WHO HAS BEEN CONVICTED OF OR INDICTED FOR A VIOLENT CRIME AS DEFINED SECTION 41-1604.14, SUBSECTION B SHALL NOT BE ELIGIBLE FOR PROBATION AS PROVIDED FOR IN THIS SECTION, BUT INSTEAD SHALL BE SENTENCED PURSUANT TO THE OTHER PROVISIONS OF TITLE 13,

CHAPTER 34.

C. PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE PURSUANT TO THIS ACT SHALL NOT INCLUDE POSSESSION FOR SALE, PRODUCTION, MANUFACTURING, OR TRANSPORTATION FOR SALE OF ANY CONTROLLED SUBSTANCE.

D. IF A PERSON IS CONVICTED OF PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN SECTION 36-2501, AS A CONDITION OF PROBATION, THE COURT SHALL REQUIRE PARTICIPATION IN AN APPROPRIATE DRUG TREATMENT OR EDUCATION PROGRAM ADMINISTERED BY A QUALIFIED AGENCY OR ORGANIZATION THAT PROVIDES SUCH PROGRAMS TO PERSONS WHO ABUSE CONTROLLED SUBSTANCES. EACH PERSON ENROLLED IN A DRUG TREATMENT OR EDUCATION PROGRAM SHALL BE REQUIRED TO PAY FOR HIS OR HER PARTICIPATION IN THE PROGRAM TO THE EXTENT OF HIS OR HER FINANCIAL ABILITY.

E. A PERSON WHO HAS BEEN PLACED ON PROBATION UNDER THE PROVISIONS OF THIS SECTION, WHO IS DETERMINED BY THE COURT TO BE IN VIOLATION OF HIS OR HER PROBATION SHALL HAVE NEW CONDITIONS OF PROBATION ESTABLISHED IN THE FOLLOWING MANNER: THE COURT SHALL SELECT THE ADDITIONAL CONDITIONS IT DEEMS NECESSARY, INCLUDING INTENSIFIED DRUG TREATMENT, COMMUNITY SERVICE, INTENSIVE PROBATION, HOME ARREST, OR ANY OTHER SUCH SANCTIONS SHORT OF INCARCERATION.

F. IF PERSON IS CONVICTED A SECOND TIME OF PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN SECTION 36-2501, THE COURT MAY INCLUDE ADDITIONAL CONDITIONS OF PROBATION IT DEEMS NECESSARY, INCLUDING INTENSIFIED DRUG TREATMENT, COMMUNITY SERVICE, INTENSIVE PROBATION, HOME ARREST, OR ANY OTHER ACTION WITHIN THE JURISDICTION OF THE COURT.

G. A PERSON WHO HAS BEEN CONVICTED THREE TIMES OF PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN SECTION 36-2501 SHALL NOT BE ELIGIBLE FOR PROBATION UNDER THE PROVISIONS OF THIS SECTION, BUT INSTEAD SHALL BE SENTENCED PURSUANT TO THE OTHER

PROVISIONS OF TITLE 13, CHAPTER 34.

Section 11.

Title 13, Chapter 9, Arizona Revised Statutes, is amended by adding Section 13-901.02 to read as follows:

SECTION 13-901.02. DRUG TREATMENT AND EDUCATION FUND.

A. THERE IS HEREBY CREATED A SPECIAL FUND WHICH SHALL BE CALLED THE DRUG TREATMENT AND EDUCATION FUND IN THE ADMINISTRATIVE OFFICE OF SUPREME COURT.

B. FIFTY (50) PERCENT OF THE MONIES DEPOSITED IN THE DRUG TREATMENT AND EDUCATION FUND SHALL BE DISTRIBUTED BY THE ADMINISTRATIVE OFFICE OF THE SUPREME COURT TO THE SUPERIOR COURT PROBATION DEPARTMENTS TO COVER THE COSTS OF PLACING PERSONS IN DRUG EDUCATION AND TREATMENT PROGRAMS ADMINISTERED BY A QUALIFIED AGENCY OR ORGANIZATION THAT PROVIDES SUCH PROGRAMS TO PERSONS WHO ABUSE CONTROLLED SUBSTANCES. SUCH MONIES SHALL BE ALLOCATED TO SUPERIOR COURT PROBATION DEPARTMENTS ACCORDING TO A FORMULA BASED ON PROBATION CASELOAD TO BE ESTABLISHED BY THE ADMINISTRATIVE OFFICE OF THE SUPREME COURT.

C. FIFTY (50) PERCENT OF THE MONIES DEPOSITED IN THE DRUG TREATMENT AND EDUCATION FUND SHALL BE TRANSFERRED TO THE ARIZONA PARENTS COMMISSION ON DRUG EDUCATION AND PREVENTION ESTABLISHED PURSUANT TO SECTION 41-1604.16.

D. THE ADMINISTRATIVE OFFICE OF THE SUPREME COURT SHALL CAUSE TO BE PREPARED AT THE END OF EACH FISCAL YEAR AFTER 1997 AN ACCOUNTABILITY REPORT CARD THAT DETAILS THE COST SAVINGS REALIZED FROM THE DIVERSION OF PERSONS FROM PRISONS TO PROBATION. A COPY OF THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE, AND A COPY OF THE REPORT SHALL BE SENT TO EACH PUBLIC LIBRARY IN THE STATE. THE ADMINISTRATIVE OFFICE OF THE SUPREME COURT SHALL RECEIVE REIMBURSEMENT FROM THE DRUG TREATMENT AND EDUCATION FUND FOR ANY ADMINISTRATIVE COSTS IT INCURS IN THE IMPLEMENTATION OF THIS ACT.

Section 12.

Title 42, Chapter 12, is amended by adding Section 42-1204.01 as follows:

SECTION 42-1204.01. LUXURY PRIVILEGES TAX; PURPOSE; DRUG TREATMENT AND EDUCATION FUND;

DEPARTMENT OF CORRECTIONS REVOLVING FUND.

A. NOTWITHSTANDING ANY LAW TO THE CONTRARY, SEVEN (7) PER CENT OF THE MONIES COLLECTED BETWEEN JANUARY 1, 1997 AND DECEMBER 31, 1999, PURSUANT TO SECTION 42-1204 SUBSECTION A, PARAGRAPH 1, AND EIGHTEEN (18) PERCENT OF MONIES COLLECTED BETWEEN JANUARY 1, 1997 AND DECEMBER 31, 1999, PURSUANT TO SUBSECTION A, PARAGRAPHS 2, 3, AND 4, SHALL BE DEPOSITED IN THE DRUG TREATMENT AND EDUCATION FUND ESTABLISHED PURSUANT TO SECTION 13-902.02.

B. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THREE (3) PERCENT OF THE MONIES COLLECTED BETWEEN JANUARY 1, 1997 AND DECEMBER 31, 1999, PURSUANT TO SECTION 42-1204 SUBSECTION A, PARAGRAPH 1, AND SEVEN (7) PERCENT OF MONIES COLLECTED BETWEEN JANUARY 1, 1997 AND DECEMBER 31, 1999, PURSUANT TO SUBSECTION A, PARAGRAPHS 2, 3, AND 4, SHALL BE DEPOSITED IN A SEPARATE REVOLVING FUND OF THE DEPARTMENT OF CORRECTIONS FOR PAYMENT OF THE EXPENSES OF IMPLEMENTING THE PROVISIONS OF SECTION 31-411.01, AND SHALL NOT REVERT TO THE STATE GENERAL FUND IF UNEXPENDED AT THE CLOSE OF THE FISCAL YEAR.

C. NOTWITHSTANDING ANY LAW TO THE CONTRARY, TEN (10) PERCENT OF THE MONIES COLLECTED AFTER DECEMBER 31, 1999 PURSUANT TO SECTION 42-1204 SUBSECTION A, PARAGRAPH 1, AND TWENTY FIVE (25) PERCENT OF THE MONIES COLLECTED AFTER DECEMBER 31, 1999 PURSUANT TO SUBSECTION A, PARAGRAPHS 2, 3, AND 4, SHALL BE DEPOSITED IN THE DRUG TREATMENT AND EDUCATION FUND ESTABLISHED PURSUANT TO SECTION 13-902.02.

Section 13. Severability

If any provision of this Act, or part thereof, is for any reason held to be invalid or unconstitutional, the remaining sections shall not be affected but shall remain in full force and effect, and to this end the provisions of the Act are severable.


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