Opinion
Administrative Order No. 2009-24, Affecting Administrative Order. 2008-15
February 25, 2009
Pursuant to the Arizona Code of Judicial Administration, § 1-201(E), the chief justice may adopt technical changes in existing code sections by administrative order without prior distribution for comment and action by the Arizona Judicial Council. The need for a technical amendment to the above-captioned section of the Arizona Code of Judicial Administration having been recommended by the Administrative Office of the Courts,
Now, therefore, pursuant to Article VI, Section 3, of the Arizona Constitution,
IT IS ORDERED that Arizona Code of Judicial Administration § 3-401 is amended as indicated on the attached document. All other provisions of § 3-401 as adopted, remain unchanged and in effect as set forth in Administrative Order No. 2008-15.
Dated this _____day of ______, 2009.
ARIZONA CODE OF JUDICIAL ADMINISTRATION Part 3: Superior Court Chapter 4: Administration Section 3-401: Priority of Offender Payments
A. through C. [no changes] D. Application of Payments to Obligations for an Adult Offender. The clerk shall apply payments to the categories and subcategories in the following order:
1. Restitution shall be applied proportionately first to private victims and second to institutional victims, unless specifically ordered differently by the court. Any monies received for each case shall be applied first to any restitution payments in arrears in that case and next to any ordered periodic restitution payment.
2. Pursuant to A.R.S. § 12-116(A), the time payment fee shall be collected next after restitution. Only one time payment fee should be imposed on each count or case in which a time payment plan is approved, even though that plan may include, for example, a fine, a felony assessment, and restitution.
3. Any FARE fees approved by the supreme court, excluding FARE special collections fees, shall be the next priority following the time payment fee.
4. Probation service fees including monthly supervision fees, interstate processing and transfer fees.
5. Reimbursable fees such as attorney fees, (prorated per judge's order if multiple attorney fees are assessed) including indigent defense, public defender fees and prosecutor costs.
6. Fines and surcharges per judge's order including, but not limited to, surcharges as applicable, victim compensation and assistance fund sanctions.
7. The prison construction and operations assessmentfund.
8. The public safety equipment assessmentDUI additional assessments (extra civil assessment).
9. DUI abatement fee.
E. through F. [no changes]