Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Criminal Justice Sentencing topic
No spam. Unsubscribe anytime.
Senate approves HB2114 despite senators warning ‘jail’ wording could shift costs to counties
Summary
On third reading the Arizona Senate passed House Bill 21-14 by 17-13 after debate over wording that, senators said, mistakenly requires county jail terms instead of state prison and could create an unfunded mandate.
The Arizona Senate passed House Bill 21-14 on third reading by a 17-13 vote after senators raised concerns that the bill’s sentencing language could require county jail terms for convictions that should carry state prison sentences.
Senator Ortiz, a member of the Arizona Senate, said the bill contains a drafting error that would require "a person convicted, to 1 year in jail if placed on probation," and warned that the use of the word "jail"—which he said refers to county jails in statute—would shift responsibility for housing and caring for incarcerated people from the state to counties.
Ortiz said, "If we pass this and it gets signed into law, we are going to be creating some big problems for ourselves down the road. . . . The word jail should not be in there, and it is irresponsible for us to send this to the governor knowing that this bill just does not make sense in the way it was drafted." He described the risk as an unfunded mandate because counties would become responsible for food, clothing, bedding and health care for those jailed under the bill’s current wording.
The concern drew a brief floor exchange. Senator Sears said she supported Ortiz’s call to change the language, telling colleagues she rose "to support the senator's sentiment about changing the language to reflect that which would be more appropriate." The Senate proceeded to a recorded roll-call vote and approved the bill.
The secretary was instructed to record the action and "transmit the bill to the House," according to the floor record.
Why it matters: Senators said the drafting could alter where convicted people serve time and who pays for their incarceration, matters that affect county budgets and operations. Ortiz compared the situation to a past measure the Legislature had to correct after it was sent to voters with similar drafting problems.
The measure was taken on third reading; the clerk announced the final tally as 17 ayes and 13 nays. The transcript shows Senator Ortiz explained his no vote on the floor and Senator Sears voiced support for amending the language.
