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.