COR Sunset Review Arizona Board of Fingerprinting FINAL REPORT
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ARIZONA STATE HOUSE OF REPRESENTATIVES RESEARCH STAFF TO: JOINT LEGISLATIVE AUDIT COMMITTEE Lauren Cook DATE: January 15, 2021 Committee on Judiciary Telephone: (602) 926-3148 SUBJECT: Sunset Review of the Arizona Board of Fingerprinting Attached is the final report of the sunset review of the Arizona Board of Fingerprinting which was conducted by the House Judiciary Committee of Reference. This report has been distributed to the following individuals and agencies: Governor of the State of Arizona The Honorable Douglas A. Ducey President of the Senate Speaker of the House of Representatives Senator Karen Fann Representative Russell Bowers House Members Representative Frank Pratt, Chair Representative Jacqueline Parker, Vice-Chair Representative Walter Blackman Representative César Chávez Representative Domingo DeGrazia Representative Mark Finchem Representative Melody Hernandez Representative Quang Nguyen Representative Beverly Pingerelli Representative Diego Rodriguez Arizona Board of Fingerprinting Senate Resource Center Arizona State Library, Archives & Public Records Senate Republican Staff House Republican Staff Senate Democratic Staff House Democratic Staff Senate Research Staff House Research Staff Office of the Auditor General House of Representatives Judiciary Committee of Reference Sunset Review of the Arizona Board of Fingerprinting Final Report January 2021 House Members Representative Frank Pratt, Chair Representative Jacqueline Parker, Vice-Chair Representative Walter Blackman Representative César Chávez Representative Domingo DeGrazia Representative Mark Finchem Representative Melody Hernandez Representative Quang Nguyen Representative Beverly Pingerelli Representative Diego Rodriguez TABLE OF CONTENTS I. Report a. Background b. Summary of Committee Activity c. Committee Recommendation II. Appendix a. Minutes and reference materials from January 13, 2021, Judiciary Committee of Reference Report 2021 Background Pursuant to A.R.S. § 41-2953, the Joint Legislative Audit Committee assigned the sunset review of the Arizona Board of Fingerprinting (Board) to the House Judiciary Committee of Reference for review. The Board is required to determine good cause exceptions and central registry exceptions for applicants who are denied a fingerprint clearance card for having to preclude criminal offenses on the applicant's record. To be granted an exception, an applicant must demonstrate to the Board that the applicant has not been convicted of certain unappealable offenses, and that they are successfully rehabilitated and not a recidivist. When making a determination, the Board must also consider: 1) the extent of the person's criminal record; 2) the length of time since a precluding offense was committed; 3) the nature of the offense; 4) any applicable mitigating circumstances; 5) the degree to which the person participated in an offense; and 6) the extent of the person's rehabilitation (A.R.S. §§ 41-619.53; 41-619.55; and 41-619.57). The Board is composed of six representatives, one from each of the following agencies: 1) the Arizona Supreme Court; 2) the Department of Economic Security; 3) the Department of Education; 4) the Department of Health Services; 5) the Department of Juvenile Corrections; and 6) the Department of Child Safety (A.R.S. § 41-619.52). The Board is set to terminate on July 1, 2021, unless legislation is enacted for its continuation (A.R.S. § 41-3021.12). Summary of Committee Activity The Judiciary Committee of Reference met on January 13, 2021, to review the performance audit and sunset review conducted by the Auditor General, evaluate the Board's response to the sunset factors and receive public testimony. Committee Recommendation The Judiciary Committee of Reference recommended that the Board be continued for eight years until July 1, 2029. Appendix A: January 13, 2021 Judiciary Committee of Reference Minutes and Reference Materials .