§ 6-306 Juvenile Probation Services Fees

A. Definitions. In this section the following definitions apply: Administrative Director” means both the administrative director of the Administrative Office of the Courts (AOC) and the director’s designee. “Court” means the superior court.

B. Applicability. Article VI, section 3 of the Arizona constitution and A.R.S. § 12-268(C) authorize the supreme court to establish guidelines for the use of state monies in the juvenile probation services fund.

C. Purpose.

1. The probation fees account within the juvenile probation services fund is to be used to pay juvenile probation employee salaries and employee related benefits and to otherwise improve, maintain, or expand juvenile probation services within the county.

2. The diversion fees account within the juvenile probation fees fund is to be used to pay diversion employee salaries and employee related benefits and to otherwise improve, maintain, or expand juvenile diversion services within the county.

D. General Administration. Pursuant to A.R.S. § 12-268 (B), “The chief fiscal officer shall establish and maintain separate accounts...showing receipts and expenditures of monies from each source...”

E. Reporting Requirements.

1. A.R.S. § 12-268(B) provides: “…the chief fiscal officer, on or before August 31 of each year for the preceding fiscal year, shall submit an annual report to the supreme court showing the total amount of receipts and expenditures in each account...” on a form provided by the administrative director.

2. The presiding judge of each court shall annually provide an expenditure plan for the probation fees account to the administrative director.

3. The presiding judge of each court shall submit any modification to the expenditure plan to the administrative director as provided by A.R.S. § 12-268(B).

4. The county treasurer shall submit, on or before January 31 of each year, an annual report to the administrative director showing the total amount of money contained in the Juvenile Probation Fees Fund account on December 31.

F. Expenditure Guidelines.

1. Monies in the probation fees and the diversion fees accounts, as provided by A.R.S. § 12- 268(C); “shall be used in accordance with guidelines established by the supreme court...”

2. A.R.S. § 12-268 (D) provides: “State monies expended from the juvenile probation services fund shall be used to supplement, not supplant, county appropriations for the superior court juvenile probation department.”

3. Pursuant to A.R.S. § 12-268 (B); “The chief fiscal officer shall disburse monies from the fund accounts only at the direction of the presiding juvenile judge...”

4. Probation Fees.

a. At least 60% of the expenditures from the probation fees account during the fiscal year shall be used to pay probation employee salaries and employee related benefits.

b. No more than 40% of the expenditures shall be used to cover the operation expenses associated with juvenile probation.

c. The presiding judge may request a waiver to expend funds in a manner not within the stated guidelines or approved program plan.

(1) If requesting a waiver, the presiding judge shall submit to the administrative director a written request for authority to waive the expenditure guidelines.

(2) The written request shall include an explanation of the circumstances surrounding the need to waive the expenditure guidelines and the current balance of the probation fees account.

(3) The waiver, if granted, shall be valid only for the budget year for which the waiver is granted.

d. Monies in the probation fees account shall be used solely to support the programs, services and operations of juvenile probation.

5. Diversion Fees.

a. Diversion fees expenditures shall primarily be used for diversion employee salaries, employee related benefits or in accordance with approved program plans.

b. The presiding judge may request a waiver to expend funds in a manner not within the stated guidelines.

(1) If requesting a waiver, the presiding judge shall submit to the administrative director a written request for authority to waive the expenditure guidelines.

(2) The written request shall include an explanation of the circumstances surrounding the need to waive the expenditure guidelines and the current balance of the diversion fees account.

(3) The waiver, if granted, shall be valid only for the budget year for which the waiver is granted.

c. Monies in the diversion fees account shall be used solely to support the services and operations of juvenile diversion programs. Adopted by Administrative Order 2002-72 effective June 26, 2002. Amended by Administrative Order 2023-158, effective October 30, 2023.