AMENDING TITLE 13, TITLE 41,
AND TITLE 42, OF THE ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 11, BY
ADDING ¤41-1604.16; RELATING TO ESTABLISHMENT OF THE ARIZONA PARENTS COMMISSION ON
DRUG EDUCATION AND PREVENTION; AMENDING TITLE 41, CHAPTER 11, BY ADDING ¤41-1604.14;
RELATING TO PERSONS NOT ELIGIBLE FOR PAROLE; AMENDING TITLE 13, CHAPTER 13, BY AMENDING
¤13-3412 AND ADDING ¤13-3412.01; RELATING TO PERMISSIBLE USE OF CONTROLLED SUBSTANCES
BY SERIOUSLY ILL OR TERMINALLY ILL PATIENTS; AMENDING TITLE 41, CHAPTER 11, BY ADDING
¤41-1604.15 AND AMENDING TITLE 31, CHAPTER 3, BY ADDING ¤31-411.01; RELATING TO PAROLE
FOR PERSONS CONVICTED OF PERSONAL POSSESSION OR USE OF CONTROLLED SUBSTANCES; AMENDING
TITLE 13, CHAPTER 9, BY ADDING ¤13-901.01; RELATING TO PROBATION FOR PERSONS CONVICTED
OF PERSONAL POSSESSION OR USE OF CONTROLLED SUBSTANCES AND BY ADDING ¤13-901.02; RELATING
TO THE ESTABLISHMENT OF THE DRUG TREATMENT AND EDUCATION FUND; AND AMENDING TITLE
42, CHAPTER 12, BY ADDING ¤42-1204.01; RELATING TO LUXURY PRIVILEGE TAXES; AND PROVIDING
FOR SEVERABILITY.
TEXT OF PROPOSED AMENDMENT
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:
ARIZONA'S CURRENT 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.
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.
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 I 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.
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.
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.
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:
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.
TO PERMIT DOCTORS TO PRESCRIBE SCHEDULE I CONTROLLED SUBSTANCES TO TREAT A DISEASE,
OR TO RELIEVE THE PAIN AND SUFFERING OF SERIOUSLY ILL AND TERMINALLY ILL PATIENTS.
TO REQUIRE THAT NON-VIOLENT PERSONS CONVICTED OF PERSONAL POSSESSION OR USE OF DRUGS
SUCCESSFULLY UNDERGO COURT-SUPERVISED MANDATORY DRUG TREATMENT PROGRAMS AND PROBATION.
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.
TO FREE UP SPACE IN OUR PRISONS TO PROVIDE ROOM FOR VIOLENT OFFENDERS.
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 ¤41-1604.16
to read as follows:
¤41-1604.16. ARIZONA PARENTS COMMISSION ON DRUG EDUCATION AND PREVENTION.
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.
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.
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.
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 ¤41-1604.14
to read as follows:
¤4l-1604.14. PAROLE NONELIGIBILITY; VIOLENT CRIME; INFLUENCE OF CONTROLLED SUBSTANCE;
DEFINITION
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 ¤41-1604.09, THE DIRECTOR SHALL INCLUDE
ANY SUCH PERSON IN THE CLASSES OF NON-ELIGIBILITY REQUIRED TO BE ESTABLISHED BY THE
DIRECTOR.
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, ¤13-3412, Arizona Revised Statutes, is amended as follows:
¤13-3412. Exceptions and exemptions; burden of proof; privileged communications.
The provisions of ¤¤13-3402, 13-3403, 13-3404, 13-3404.01 and 13-3405 through 13-3409
do not apply to:
Manufacturers, wholesalers, pharmacies and pharmacists under the provisions of ¤32-1921
and 32-1961.
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.
Persons who lawfully acquire and use such drugs only for scientific purposes.
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.
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.
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.
Persons lawfully in possession or control of controlled substances authorized by
title 36, chapter 27.
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.
THE RECEIPT, POSSESSION OR USE, OF A CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE I
OF ¤36-2512, BY ANY SERIOUSLY ILL OR TERMINALLY ILL PATIENT, PURSUANT TO THE PRESCRIPTION
OF A DOCTOR IN COMPLIANCE WITH THE PROVISIONS OF ¤13-3412.01.
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.
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 ¤13-3412.01
to read as follows:
¤13-3412.01. PRESCRIBING CONTROLLED SUBSTANCES INCLUDED IN SCHEDULE I OF ¤36-2512
FOR SERIOUSLY ILL AND TERMINALLY ILL PATIENTS
NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY MEDICAL DOCTOR LICENSED TO PRACTICE
IN ARIZONA MAY PRESCRIBE A CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE I OF ¤36-2512
TO TREAT A DISEASE, OR TO RELIEVE THE PAIN AND SUFFERING OF A SERIOUSLY ILL PATIENT
OR TERMINALLY ILL PATIENT, SUBJECT TO THE PROVISIONS OF ¤13-3412.01. IN PRESCRIBING
SUCH A CONTROLLED SUBSTANCE, THE MEDICAL DOCTOR SHALL COMPLY WITH PROFESSIONAL MEDICAL
STANDARDS.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, A MEDICAL DOCTOR MUST DOCUMENT THAT SCIENTIFIC
RESEARCH EXISTS WHICH SUPPORTS THE USE OF A CONTROLLED SUBSTANCE LISTED IN SCHEDULE
I OF ¤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 ¤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 MEDICAL 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 ¤36-2512 THE MEDICAL DOCTOR SHALL RECEIVE IN WRITING THE CONSENT OF THE PATIENT.
ANY FAILURE TO COMPLY WT. 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 ¤4l-1604.15
to read as follows:
¤41-1604.15. PAROLE ELIGIBILITY FOR PERSONS PREVIOUSLY CONVICTED OF PERSONAL POSSESSION
OR USE OF A CONTROLLED SUBSTANCE
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 ¤36-2501, AND IS
NOT CONCURRENTLY SERVING ANOTHER SENTENCE, THE PRISONER SHALL BE ELIGIBLE FOR PAROLE.
ANY PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLENT CRIME AS DEFINED IN ¤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.
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.
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 ¤31-411.01
to read as follows:
¤31-411.01. PAROLE FOR PERSONS PREVIOUSLY CONVICTED OF PERSONAL POSSESSION OR USE
OF A CONTROLLED SUBSTANCE; TREATMENT; PREVENTION; EDUCATION; TERMINATION OF PAROLE
NOTWITHSTANDING ANY LAW TO THE CONTRARY, EVERY PRISONER WHO IS ELIGIBLE FOR PAROLE
PURSUANT TO THE PROVISIONS OF ¤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.
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.
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
DATE PURSUANT TO ¤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 ¤13-901.01
to read as follows:
¤13-901.01. PROBATION FOR PERSONS CONVICTED OF PERSONAL POSSESSION AND USE OF CONTROLLED
SUBSTANCES; TREATMENT; PREVENTION; EDUCATION
NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY PERSON WHO IS CONVICTED OF THE PERSONAL
POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN ¤36-2501 SHALL BE ELIGIBLE
FOR PROBATION. THE COURT SHALL SUSPEND THE IMPOSITION OR EXECUTION OF SENTENCE AND
PLACE SUCH PERSON ON PROBATION.
ANY PERSON WHO HAS BEEN CONVICTED OF OR INDICTED FOR A VIOLENT CRIME AS DEFINED ¤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.
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.
IF A PERSON IS CONVICTED OF PERSONAL POSSESSION OR USE OF A CONTROLLED SUBSTANCE
AS DEFINED IN ¤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.
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.
IF PERSON IS CONVICTED A SECOND TIME OF PERSONAL POSSESSION OR USE OF A CONTROLLED
SUBSTANCE AS DEFINED IN ¤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.
A PERSON WHO HAS BEEN CONVICTED THREE TIMES OF PERSONAL POSSESSION OR USE OF A CONTROLLED
SUBSTANCE AS DEFINED IN ¤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 ¤13-901.02
to read as follows:
¤13-901.02. DRUG TREATMENT AND EDUCATION FUND
THERE IS HEREBY CREATED A SPECIAL FUND WHICH SHALL BE CALLED THE DRUG TREATMENT AND
EDUCATION FUND IN THE ADMINISTRATIVE OFFICE OF SUPREME COURT.
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.
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 ¤41-1604.16.
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 ¤42-1204.01 as follows:
¤42-1204.01. LUXURY PRIVILEGES TAX; PURPOSE; DRUG TREATMENT AND EDUCATION FUND;
DEPARTMENT OF CORRECTIONS REVOLVING FUND
NOTWITHSTANDING ANY LAW TO THE CONTRARY, SEVEN (7) PERCENT OF THE MONIES COLLECTED
BETWEEN JANUARY 1, 1997 AND DECEMBER 31, 1999, PURSUANT TO ¤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 ¤13-902.02.
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 ¤31-411.01, AND SHALL NOT REVERT
TO THE STATE GENERAL FUND IF UNEXPENDED AT THE CLOSE OF THE FISCAL YEAR.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, TEN (10) PERCENT OF THE MONIES COLLECTED
AFTER DECEMBER 31, 1999 PURSUANT TO ¤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 ¤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.
ANALYSIS BY LEGISLATIVE COUNCIL
(In compliance with A.R.S. section 19-124)
Proposition 200 would require that certain
persons who are convicted of drug offenses be sentenced as follows:
Require that persons who commit violent crimes while under the influence of drugs
serve 100% of their sentences, without eligibility for parole.
Require that persons who have been convicted before the proposition passes of the
personal possession or use of a controlled substance such as marijuana and who are
serving their sentence in prison be released on parole. A person is released on parole
after serving time in jail or prison, is under the supervision of a parole officer
and may have his parole revoked if any condition of parole is violated. The State
Department of Corrections would be required to establish a procedure for paroling
these persons. The Board of Executive Clemency would be required to release these
persons unless the Board determines that a person would be a danger to the general
public. Persons who are released on parole would be required to participate in drug
treatment or education.
Require that persons who are convicted after the proposition passes of the personal
possession or use of a controlled substance such as marijuana be eligible for probation.
A person who is sentenced to probation does not serve any time in jail or prison,
is under the supervision of a probation officer and remains free as long as the person
continues his good behavior. A person on probation would be required to participate
in a drug treatment or education program.
Proposition 200 would allow medical doctors to prescribe a controlled substance
such as marijuana to treat a disease or to relieve the pain and suffering of a seriously
or terminally ill patient. The doctor must be able to document that scientific research
supports the use of the controlled substance and must obtain a written opinion from
a second doctor that prescribing the controlled substance is appropriate. A patient
who receives, possesses or uses a controlled substance as prescribed by a doctor
would not be subject to criminal penalties.
Proposition 200 would establish the Drug Treatment and Education Fund. These monies
would come from a percentage of the luxury tax on alcohol, cigarettes and other tobacco
products. 50% of these monies would be transferred to Superior Court probation departments
to cover the costs of placing persons in drug education and treatment programs. The
remaining 50% of the monies would be transferred to the Arizona Parents Commission
on Drug Education and Prevention.
Proposition 200 would establish an Arizona Parents Commission on Drug Education
and Prevention. The Commission would be responsible for funding programs that increase
and enhance parental involvement in drug education and treatment.
