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Top Stories
Lawmakers complete work
By PAUL DAVENPORT, Associated Press Writer December 15, 2003
PHOENIX - The Legislature ended a 55-day-long special session after approving multimillion-dollar bills to improve child protection and reduce prison crowding Saturday night.
The House and Senate each overwhelmingly approved bipartisan plans negotiated in the past week by Democratic Gov. Janet Napolitano and legislative leaders on prisons (HB2019) and CPS (HB2024).

CPS' headline-grabbing troubles and the state prison system's 4,200-bed shortage dominated the special session called by Napolitano over the wishes of many majority Republicans without having negotiated agreements beforehand.

"We moved the state forward and it will be better for what we did in the past eight weeks," said Senate President Ken Bennett, R-Prescott.

The Legislature also passed a bill (HB2025) to delay by two years a law on trusts. The law, enacted last spring and set to take effect Jan. 1., has drawn criticism because of mandatory disclosure requirements and other provisions. Napolitano added the topic to the session Saturday.

A package of tax-related bills, including one to give manufacturers and certain other businesses an income tax break, died.

While the CPS bill provides nearly $17 million, the prison deal authorizes spending and borrowing of up to $42 million of state dollars to relieve prison crowding and could draw down up to $30 million of federal matching funds.

An additional $8 million of state dollars would be spent on health care, retirement, recruitment and retention costs for corrections employees.

It calls for expanding existing state prisons by 1,000 beds and adding an additional 1,000 permanent beds at private prisons in Arizona. The state also would pay for temporary use of 1,400 to 2,100 beds outside Arizona.

"This gives us breathing room, allows to deal with the immediate overcrowding problem and gives us some time ... to work through the long range whatever construction needs to occur," Napolitano said of the prison deal.

The agreement on 1,000 beds at both private and public prisons is a compromise between the Democratic governor, a supporter of state-owned and -operated prisons, and Republican lawmakers who want the state to expand its use of private prisons.

The additional permanent beds at private prisons will be in addition to a long-stalled 1,400-bed private prison planned near Kingman in Mohave County, Napolitano said. "Kingman will be built."

Other elements of the prison agreement include:

-- Temporary use of 138 jail beds in Coconino and Apache counties.

-- New fine-like "assessments" of $500 to $1,500 on DUI offenders to help pay for prison construction and operations.

-- Continued recruitment and retention stipends for corrections officers at hard-to-staff prisons in Florence and Buckeye.

Besides providing nearly $17 million to expand and maintain services, the CPS agreement also would implement numerous policy changes intended to make the agency more effective and increase accountability, Napolitano and lawmakers said.

"We think we've come up with some very good reforms, some very good solutions and a commitment to adequately fund it," said House Speaker Jake Flake, R-Snowflake.

Of the nearly $17 million for CPS, $10.3 million goes to fill part of a projected shortfall in the agency's funding this fiscal year for current services. The agency also gets permission to temporarily overspend its budget pending a search for savings and a possible additional appropriation.

Of the rest, approximately $6.3 million would provide 10 percent raises for case managers, increase payments to foster families and pay for hiring 160 additional workers, including 104 investigators and case managers.

Adding the extra staff is a key proposal of Napolitano's proposal to revamp CPS, enabling it to reduce caseloads and to investigate all reports of abuse and neglect. Approximately 15 percent now are investigated by social-service agencies contracted under the state Family Builders program.

In summoning lawmakers for the special session that began Oct. 20, Napolitano said CPS was a broken system, short on money to handle its workload and needing policy changes to make it more effective. Numerous children have died despite coming into contact with CPS or Family Builders.

Some majority Republicans resisted before and during the special session, saying for weeks that reforms and accountability were necessary but that the governor hadn't proven a need for more money.

Policy changes in the final CPS package include mandating that all counties participate in a pilot program to open some CPS-related court proceedings to the public, providing parents accused of abuse and neglect with new protections and setting new standards for removal of children from homes.

Also, allowing some children to remain in troubled homes if parents accept services to combat abuse and neglect, creating a new financial accountability reporting system for CPS and having CPS create separate investigative units.

A strong critic of CPS called the legislation "a very good first step" because it will make child protection CPS' highest priority, put more management focus on investigations, make CPS more accountable to the Legislature and open more proceedings and records to the public.

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