reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-605 - Diagnostic commitment

13-605.
Diagnostic commitment
A. If after presentence investigation,  the court desires more detailed information as a basis for determining the sentence to be imposed,  it may commit the defendant to the custody of the department of corrections. The director of the department of corrections shall accept the commitment only when adequate staff and facilities are available. The notice to the court of acceptance of the commitment shall specify the time and place the defendant is to be received. The commitment shall not exceed ninety days. The department during that period shall conduct a complete study of the prisoner and shall by the expiration of the period of commitment return the prisoner to the court and provide the court with a written report of the results of the study,  including whatever recommendations the department believes will be helpful in determining disposition of the case. After receiving the report and recommendations,  if the court does not order a further diagnostic commitment under subsection B of this section,  it shall sentence the defendant as authorized by section 13-603.
B. If after presentence investigation the court desires more detailed information about the defendant's mental condition,  it may commit or refer the defendant to the custody of any diagnostic facility for the performance of psychiatric evaluation. The commitment or referral shall be for a period not to exceed ninety days. Within that period the facility shall return the prisoner to court and transmit to the court a diagnostic report,  including whatever recommendations the facility may wish to make. After receiving the report and recommendations,  if the court does not order a further diagnostic commitment under subsection A of this section,  it shall sentence the defendant as authorized by section 13-603 or invoke the provisions of section 13-606.
C. In an appropriate case the court in its discretion may order diagnostic commitments under both subsections A and B of this section.
D. If after receiving a diagnostic report under subsection A or B of this section the court sentences the defendant to imprisonment,  the period of commitment under either or both shall be credited to the sentence imposed.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-606 - Civil commitment after imposition of sentence

13-606.
Civil commitment after imposition of sentence
A. If,  after imposition of sentence authorized by section 13-603 and on the basis of the report and recommendations submitted to the court under subsection B of section 13-605,  the court believes that the defendant discloses symptoms of mental disorder,  the court may proceed as provided in chapter 5 of title 36.
B. After termination of the commitment in subsection A of this section,  the defendant shall be returned to the court for release or to serve the unexpired term imposed as authorized by section 13-603. The period of confinement pursuant to the civil commitment shall be credited to the sentence imposed.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-607 - Judgment of guilt and sentence document; fingerprint; contents of document; recitations

13-607.
Judgment of guilt and sentence document;  fingerprint;  contents of document;  recitations
A. At the time of sentencing a person who is convicted of a felony offense,  a violation of section 13-1802 or 13-1805,  a domestic violence offense as defined in section 13-3601 or a violation of chapter 14 of this title or title 28,  chapter 4,  the court shall execute a judgment of guilt and sentence document or minute order as prescribed by this section.
B. The court shall require either that the defendant's fingerprint be permanently affixed to the document or order or that the defendant's two fingerprint biometric-based identifier be obtained and recorded in the court case file.
C. The document or order shall recite all of the following in addition to any information deemed appropriate by the court:
1. The defendant's full name and date of birth.
2. The name of the counsel for the defendant or,  if counsel was waived,  the fact that the defendant knowingly,  voluntarily and intelligently waived the defendant's right to counsel after having been fully apprised of the defendant's right to counsel.
3. The name,  statutory citation and classification of the offense.
4. Whether there was a finding by the trier of fact that the offense was of a dangerous or repetitive nature pursuant to section 13-703 or 13-704 or was committed while released from confinement pursuant to section 13-708.
5. Whether the basis of the finding of guilt was by trial to a jury or to the court,  or by plea of guilty or no contest.
6. That there was a knowing,  voluntary and intelligent waiver of the right to a jury trial if the finding of guilt was based on a trial to the court.
7. That there was a knowing,  voluntary and intelligent waiver of all pertinent rights if the finding of guilt was based on a plea of guilty or no contest.
8. A certification by the court or the clerk of the court that either the defendant's fingerprint was permanently affixed to the document or order or the defendant's two fingerprint biometric-based identifier was obtained and recorded in the court case file.
D. The document or order shall be made a permanent part of the public records of the court,  and the recitations contained in the document or order are prima facie evidence of the facts stated in the recitations.
E. If the supreme court has authorized the clerk of the court to maintain an electronic court record,  the clerk may maintain only an electronic reproduction or image of the original document or order.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-608 - Chronic felony offenders; disposition; notice

13-608.
Chronic felony offenders;  disposition;  notice
A. If a juvenile is prosecuted as a chronic felony offender pursuant to section 13-501,  subsection A or B,  is convicted of a felony in criminal court and is placed on probation,  the juvenile shall be incarcerated in the county jail for a period of not more than one year as a condition of probation.
B. If a juvenile is prosecuted as a chronic felony offender pursuant to section 13-501,  subsection A or B in criminal court and is convicted of a felony in criminal court,  the court shall provide the following written notice to the juvenile:
You have been convicted as a chronic felony offender and you now have a historical prior felony conviction. You are now on notice that if you commit another felony offense,  you will be tried as an adult in the criminal division of the superior court and you will be subject to mandatory sentencing.
C. The failure or inability of the court to provide the notice required by subsection B of this section does not preclude the use of the prior conviction for any purpose otherwise permitted.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-609 - Transfer of criminal justice information; definition

13-609.
Transfer of criminal justice information;  definition
A. If a person is found incompetent by a court pursuant to rule 11,  Arizona rules of criminal procedure,  the court shall transmit the case information and the date of the incompetency finding to the supreme court. The supreme court shall transmit the case information and the date of the incompetency finding to the department of public safety. The department of public safety shall transmit the case information and the date of the incompetency finding to the national instant criminal background check system.
B. If a person is subsequently found competent,  the court shall transmit the case information to the supreme court. The supreme court shall transmit the finding of competency to the department of public safety. The department of public safety shall transmit the finding of competency to the national instant criminal background check system.
C. If a person is found guilty except insane,  the court shall transmit the case information and the date of the verdict to the supreme court. The supreme court shall transmit the case information and the date of the verdict to the department of public safety. The department of public safety shall transmit the case information and the date of the verdict to the national instant criminal background check system.
D. On request,  the clerk of the court that originally found the defendant incompetent or in which the defendant was found guilty except insane shall provide certified copies of the order to a law enforcement or prosecuting agency that is investigating or prosecuting a prohibited possessor as defined in section 13-3101.
E. For the purposes of this section,  " case information"  means the person's name,  sex and date of birth,  the last four digits of the person's social security number,  if available,  the court case number and the court originating agency identification number.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-702 - First time felony offenders; sentencing; definition

13-702.
First time felony offenders;  sentencing;  definition
A. Unless a specific sentence is otherwise provided,  the term of imprisonment for a first felony offense shall be the presumptive sentence determined pursuant to subsection D of this section. Except for those felonies involving a dangerous offense or if a specific sentence is otherwise provided,  the court may increase or reduce the presumptive sentence within the ranges set by subsection D of this section. Any reduction or increase shall be based on the aggravating and mitigating circumstances listed in section 13-701,  subsections D and E and shall be within the ranges prescribed in subsection D of this section.
B. If a person is convicted of a felony without having previously been convicted of any felony and if at least two of the aggravating factors listed in section 13-701,  subsection D apply,  the court may increase the maximum term of imprisonment otherwise authorized for that offense to an aggravated term. If a person is convicted of a felony without having previously been convicted of any felony and if the court finds at least two mitigating factors listed in section 13-701,  subsection E apply,  the court may decrease the minimum term of imprisonment otherwise authorized for that offense to a mitigated term.
C. The aggravated or mitigated term imposed pursuant to subsection D of this section may be imposed only if at least two of the aggravating circumstances are found beyond a reasonable doubt to be true by the trier of fact or are admitted by the defendant,  except that an aggravating circumstance under section 13-701,  subsection D,  paragraph 11 shall be found to be true by the court,  or in mitigation of the crime are found to be true by the court,  on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial,  and factual findings and reasons in support of these findings are set forth on the record at the time of sentencing.
D. The term of imprisonment for a presumptive,  minimum,  maximum,  mitigated or aggravated sentence shall be within the range prescribed under this subsection. The terms are as follows:
Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 3 years 4 years 5 years 10 years 12.5 years
Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years
Class 4 1 year 1.5 years 2.5 years 3 years 3.75 years
Class 5 .5 years .75 years 1.5 years 2 years 2.5 years
Class 6 .33 years .5 years 1 year 1.5 years 2 years
E. The court shall inform all of the parties before sentencing occurs of its intent to increase or decrease a sentence to the aggravated or mitigated sentence pursuant this section. If the court fails to inform the parties,  a party waives its right to be informed unless the party timely objects at the time of sentencing.
F. For the purposes of this section,  " trier of fact"  means a jury,  unless the defendant and the state waive a jury in which case the trier of fact means the court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-707 - Misdemeanors; sentencing

13-707.
Misdemeanors;  sentencing
A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the state department of corrections. The court shall fix the term of imprisonment within the following maximum limitations:
1. For a class 1 misdemeanor,  six months.
2. For a class 2 misdemeanor,  four months.
3. For a class 3 misdemeanor,  thirty days.
B. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of any misdemeanor or petty offense,  other than a traffic offense,  and who has been convicted of one or more of the same misdemeanors or petty offenses within two years next preceding the date of the present offense shall be sentenced for the next higher class of offense than that for which the person currently is convicted. Time spent incarcerated within the two years next preceding the date of the offense for which a person is currently being sentenced shall not be included in the two years required to be free of convictions.
C. If a person is convicted of a misdemeanor offense and the offense requires enhanced punishment because it is a second or subsequent offense,  the court shall determine the existence of the previous conviction. The court shall allow the allegation of a prior conviction to be made in the same manner as the allegation prescribed by section 28-1387,  subsection A.
D. A person who has been convicted in any court outside the jurisdiction of this state of an offense that if committed in this state would be punishable as a misdemeanor or petty offense is subject to this section. A person who has been convicted as an adult of an offense punishable as a misdemeanor or petty offense under the provisions of any prior code in this state is subject to this section.
E. The court may direct that a person who is sentenced pursuant to subsection A of this section shall not be released on any basis until the sentence imposed by the court has been served.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-709 - Offenses committed in school safety zone; sentences; definitions

13-709.
Offenses committed in school safety zone;  sentences;  definitions
A. Except as otherwise prescribed in section 13-3411,  a person who is convicted of a felony offense that is committed in a school safety zone is guilty of the same class of felony that the person would otherwise be guilty of if the violation had not occurred within a school safety zone,  except that the court may impose a sentence that is one year longer than the minimum,  maximum and presumptive sentence for that violation if the person is not a criminal street gang member or up to five years longer than the minimum,  maximum and presumptive sentence for that violation if the person is a criminal street gang member. The additional sentence imposed under this subsection is in addition to any other enhanced punishment that may be applicable under section 13-703,  section 13-704,  section 13-706,  section 13-708,  subsection D or chapter 34 of this title.
B. In addition to any other penalty prescribed by this title,  the court may order a person who is subject to subsection A of this section to pay a fine of not less than two thousand dollars and not more than the maximum authorized by chapter 8 of this title.
C. Each school district governing board or its designee,  or chief administrative officer in the case of a nonpublic or charter school,  may place and maintain permanently affixed signs that are located in a visible manner at the main entrance of each school and that identify the school and its accompanying grounds as a school safety zone. A school may include information regarding the school safety zone boundaries on a sign that identifies the area as a drug free zone and not post separate school safety zone signs.
D. For the purposes of this section:
1. " School"  means any public or nonpublic kindergarten program,  common school or high school.
2. " School safety zone"  means any of the following:
(a) The area within three hundred feet of a school or its accompanying grounds.
(b) Any public property within one thousand feet of a school or its accompanying grounds.
(c) Any school bus.
(d) A bus contracted to transport pupils to any school during the time when the contracted vehicle is transporting pupils on behalf of the school.
(e) A school bus stop.
(f) Any bus stop where school children are awaiting,  boarding or exiting a bus contracted to transport pupils to any school.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-710 - Sentence for second degree murder

13-710.
Sentence for second degree murder
A. Except as provided in section 13-705 or section 13-706,  subsection A,  a person who is convicted of second degree murder as defined by section 13-1104 shall be sentenced as follows:
Minimum Presumptive Maximum
10 calendar years 16 calendar years 25 calendar years
B. Except as provided in section 13-704 or section 13-706,  subsection A,  a person who is convicted of second degree murder as defined by section 13-1104 and who has previously been convicted of second degree murder or a class 2 or 3 felony involving a dangerous offense shall be sentenced as follows:
Minimum Presumptive Maximum
15 calendar years 20 calendar years 29 calendar years
C. The presumptive term imposed pursuant to subsections A and B of this section may be mitigated or aggravated pursuant to section 13-701,  subsections D and E.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-711 - Multiple sentences of imprisonment; concurrent and consecutive determinations

13-711.
Multiple sentences of imprisonment;  concurrent and consecutive determinations
A. Except as otherwise provided by law,  if multiple sentences of imprisonment are imposed on a person at the same time,  the sentences imposed by the court may run consecutively or concurrently,  as determined by the court. The court shall state on the record the reason for its determination.
B. Notwithstanding subsection A of this section,  if a person is subject to an undischarged term of imprisonment and is sentenced to an additional term of imprisonment for a felony offense that is committed while the person is under the jurisdiction of the state department of corrections,  the sentence imposed by the court shall run consecutively to the undischarged term of imprisonment.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-712 - Calculation of terms of imprisonment

13-712.
Calculation of terms of imprisonment
(L22,  Ch. 352,  sec. 1. Eff. 1/1/24)
A. A sentence of imprisonment commences when sentence is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise it commences when the defendant becomes actually in custody.
B. All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for such offense shall be credited against the term of imprisonment otherwise provided for by this chapter. A person who is found competent to stand trial after an involuntary commitment pursuant to section 13-4521 shall receive credit for all time that the person spent under the jurisdiction of the secure state mental health facility against a term of imprisonment for any of the charges that were the basis for the involuntary commitment.
C. If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense,  the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed,  and all time served under the vacated sentence shall be credited against the new sentence.
D. If a person serving a sentence of imprisonment escapes from custody,  the escape interrupts the sentence. The interruption continues until the person is apprehended and confined for the escape or is confined and subject to a detainer for the escape. Time spent in actual custody before return under this subsection shall be credited against the term authorized by law if custody rested on an arrest or surrender for the escape itself,  or if the custody arose from an arrest on another charge which culminated in a dismissal or an acquittal,  and the person was denied admission to bail pending disposition of that charge because of a warrant lodged against such person arising from the escape.
E. The sentencing court shall include the time of commencement of sentence under subsection A of this section and the computation of time credited against sentence under subsection B,  C or D of this section in the original or an amended commitment order,  under procedures established by rule of court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-714 - Offenses committed with intent to promote, further or assist a criminal street gang

13-714.
Offenses committed with intent to promote,  further or assist a criminal street gang
A person who is convicted of committing any felony offense with the intent to promote,  further or assist any criminal conduct by a criminal street gang shall not be eligible for suspension of sentence,  probation,  pardon or release from confinement on any basis except as authorized by section 31-233,  subsection A or B until the sentence imposed by the court has been served,  the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. The presumptive,  minimum and maximum sentence for the offense shall be increased by three years if the offense is a class 4,  5 or 6 felony or shall be increased by five years if the offense is a class 2 or 3 felony. The additional sentence imposed pursuant to this section is in addition to any enhanced sentence that may be applicable.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-715 - Special sentencing provisions; human smuggling organization

13-715.
Special sentencing provisions;  human smuggling organization
A person who is convicted of committing any felony offense with the intent to promote,  further or assist a human smuggling organization that operates for the goal or purpose of human trafficking or human smuggling shall not be eligible for suspension of sentence,  probation,  pardon or release from confinement on any basis except as authorized by section 31-233,  subsection A or B until the sentence imposed by the court has been served,  the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. The presumptive,  minimum and maximum sentence for the offense shall be increased by three years if the offense is a class 4,  5 or 6 felony or shall be increased by five years if the offense is a class 2 or 3 felony. The additional sentence imposed pursuant to this section is in addition to any enhanced sentence that may be applicable.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-716 - Juvenile offenders sentenced to life imprisonment; parole eligibility

13-716.
Juvenile offenders sentenced to life imprisonment;  parole eligibility
Notwithstanding any other law,  a person who is sentenced to life imprisonment with the possibility of release after serving a minimum number of calendar years for an offense that was committed before the person attained eighteen years of age is eligible for parole on completion of service of the minimum sentence,  regardless of whether the offense was committed on or after January 1,  1994. If granted parole,  the person shall remain on parole for the remainder of the person's life except that the person's parole may be revoked pursuant to section 31-415.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-717 - Sentence for misdemeanor convictions; community restitution; court-ordered education or treatment

13-717.
Sentence for misdemeanor convictions;  community restitution;  court-ordered education or treatment
A. If the court imposes a sentence to perform community restitution for a misdemeanor conviction pursuant to section 13-603,  the court shall determine and fix the number of hours of community restitution that are required.
B. If the court imposes a sentence for a term of education or treatment for a misdemeanor conviction pursuant to section 13-603,  the term may not exceed the term of probation that is determined pursuant to section 13-902,  subsection A. The court shall determine the program of education or treatment.
C. This section does not preclude the court from imposing any other sentence that is authorized by law.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-718 - Sentence of life imprisonment; parole eligibility; applicability

13-718.
Sentence of life imprisonment;  parole eligibility;  applicability
A. Notwithstanding any other law,  a person who was convicted of first degree murder and who was sentenced to life with the possibility of parole after serving a minimum number of calendar years pursuant to a plea agreement that contained a stipulation to parole eligibility is eligible for parole after serving the minimum number of calendar years that is specified in the sentence. If granted parole,  the person shall remain on parole for the remainder of the person's life except that the person's parole may be revoked pursuant to section 31-415.
B. This section applies to a defendant who entered into a plea agreement that stipulated to parole eligibility and who was sentenced at any time from and after January 1,  1994 and on or before August 3,  2018.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-719 - Lifetime injunction; offenses; registration; previously sentenced defendants

13-719.
Lifetime injunction;  offenses;  registration;  previously sentenced defendants
A. At the time of sentencing,  on the request of the victim or the prosecutor,  the court shall issue an injunction that prohibits the defendant from contacting the victim if the defendant is convicted of any of the following offenses,  whether completed or preparatory:
1. A dangerous offense as defined in section 13-105 that is a felony.
2. A serious offense or violent or aggravated felony as defined in section 13-706.
3. A felony offense included in chapter 14 or 35.1 of this title.
B. An injunction issued pursuant to subsection A of this section is effective immediately and shall be served on the defendant at the time of sentencing.
C. The court shall provide information to the department of public safety to register the injunction with the national crime information center and shall notify the victim of the injunction.
D. If the victim did not request an injunction at the time of sentencing pursuant to subsection A of this section or the sentencing occurred before September 24,  2022,  the victim may submit a petition to the court requesting an injunction against a defendant who was sentenced for an offense listed in subsection A of this section,  and the court may not charge a fee for filing the petition. A law enforcement agency shall serve an injunction issued pursuant to this subsection at no charge to the victim.
E. An injunction that is issued pursuant to this section does not expire and is valid for the defendant's natural lifetime unless any of the following occurs:
1. The defendant makes a showing to the court that either:
(a) The victim has died.
(b) The conviction has been dismissed,  expunged or overturned or the defendant has been pardoned.
2. The victim submits a written request to the court for an early expiration. The court may hold a hearing to verify the victim's request to dismiss the injunction.
F. Notwithstanding any other law,  a conviction that is set aside pursuant to section 13-905 or sealed pursuant to section 13-911 does not affect the validity of a lifetime injunction that is issued pursuant to this section and does not prohibit a victim from submitting a petition to the court requesting a lifetime injunction.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-754 - Capital defendant prescreening evaluation for competency and sanity

13-754.
Capital defendant prescreening evaluation for competency and sanity
A. If the state files a notice of intent to seek the death penalty,  unless the defendant objects,  the court shall appoint a psychologist or psychiatrist licensed pursuant to title 32,  chapter 13,  17 or 19.1 to conduct a prescreening evaluation to determine if reasonable grounds exist to conduct another examination to determine the following:
1. The defendant's competency to stand trial.
2. Whether the defendant was sane at the time the defendant allegedly committed the offense.
B. The court may appoint separate psychological experts to conduct each of the evaluations ordered pursuant to subsection A.
C. The court shall seal any psychological expert's report pursuant to this section,  and the report shall only be available to the defendant. The report shall be released on the motion of any party if the defendant introduces the report in the present case,  raises a mental health defense at trial or sentencing or is convicted of an offense in the present case and the sentence is final.
D. If the prescreening evaluation indicates that reasonable grounds exist to conduct another examination as prescribed by subsection A,  the court shall treat the prescreening evaluation as a preliminary examination pursuant to rule 11.2(c) of the Arizona rules of criminal procedure and shall proceed in accordance with rule 11 of the Arizona rules of criminal procedure.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-755 - Death sentences; supreme court review

13-755.
Death sentences;  supreme court review
A. The supreme court shall review all death sentences. On review,  the supreme court shall independently review the trial court's findings of aggravation and mitigation and the propriety of the death sentence.
B. If the supreme court determines that an error was made regarding a finding of aggravation or mitigation,  the supreme court shall independently determine if the mitigation the supreme court finds is sufficiently substantial to warrant leniency in light of the existing aggravation. If the supreme court finds that the mitigation is not sufficiently substantial to warrant leniency,  the supreme court shall affirm the death sentence. If the supreme court finds that the mitigation is sufficiently substantial to warrant leniency,  the supreme court shall impose a life sentence pursuant to section 13-751,  subsection A.
C. The independent review required by subsection A does not preclude the supreme court from remanding a case for further action if the trial court erroneously excluded evidence or if the appellate record does not adequately reflect the evidence presented.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-756 - Death sentences; supreme court review

13-756.
Death sentences;  supreme court review
A. The supreme court shall review all death sentences to determine whether the trier of fact abused its discretion in finding aggravating circumstances and imposing a sentence of death.
B. If the supreme court determines that an error occurred in the sentencing proceedings,  the supreme court shall determine whether the error was harmless beyond a reasonable doubt. If the supreme court cannot determine whether the error was harmless beyond a reasonable doubt,  the supreme court shall remand the case for a new sentencing proceeding.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-757 - Method of infliction of sentence of death; identity of executioners; license suspension

13-757.
Method of infliction of sentence of death;  identity of executioners;  license suspension
A. The penalty of death shall be inflicted by an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death,  under the supervision of the state department of corrections.
B. A defendant who is sentenced to death for an offense committed before November 23,  1992 shall choose either lethal injection or lethal gas at least twenty days before the execution date. If the defendant fails to choose either lethal injection or lethal gas,  the penalty of death shall be inflicted by lethal injection.
C. The identity of executioners and other persons who participate or perform ancillary functions in an execution and any information contained in records that would identify those persons is confidential and is not subject to disclosure pursuant to title 39,  chapter 1,  article 2.
D. If a person who participates or performs ancillary functions in an execution is licensed by a board,  the licensing board shall not suspend or revoke the person's license as a result of the person's participation in an execution.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-758 - Persons present at execution of sentence of death; limitation

13-758.
Persons present at execution of sentence of death;  limitation
The director of the state department of corrections or the director's designee shall be present at the execution of all death sentences and shall invite the attorney general and at least twelve reputable citizens of the director's selection to be present at the execution. The director shall,  at the request of the defendant,  permit clergymen,  not exceeding two,  whom the defendant names and any persons,  relatives or friends,  not exceeding five,  to be present at the execution. The director may invite peace officers as the director deems expedient to witness the execution. No persons other than those set forth in this section shall be present at the execution nor shall any minor be allowed to witness the execution.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-759 - Death warrant; return

13-759.
Death warrant;  return
A. After a conviction and sentence of death are affirmed and the first post-conviction relief proceedings have concluded,  the supreme court shall issue a warrant of execution that authorizes the director of the state department of corrections to carry out the execution thirty-five days after the supreme court's mandate or order denying review or upon motion by the state. The supreme court shall grant subsequent warrants of execution on a motion by the state. The time for execution shall be fixed for thirty-five days after the state's motion is granted.
B. Upon the execution of a sentence of death,  the director of the state department of corrections shall make a return upon the death warrant to the court which pronounced sentence and the supreme court,  showing the time,  mode and manner in which it was executed.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-801 - Fines for felonies

13-801.
Fines for felonies
A. A sentence to pay a fine for a felony shall be a sentence to pay an amount fixed by the court not more than one hundred fifty thousand dollars.
B. A judgment that the defendant shall pay a fine,  with or without the alternative of imprisonment,  shall constitute a lien in like manner as a judgment for money rendered in a civil action.
C. This section does not apply to an enterprise.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-802 - Fines for misdemeanors

13-802.
Fines for misdemeanors
A. A sentence to pay a fine for a class 1 misdemeanor shall be a sentence to pay an amount,  fixed by the court,  not more than two thousand five hundred dollars.
B. A sentence to pay a fine for a class 2 misdemeanor shall be a sentence to pay an amount,  fixed by the court,  not more than seven hundred fifty dollars.
C. A sentence to pay a fine for a class 3 misdemeanor shall be a sentence to pay an amount,  fixed by the court,  not more than five hundred dollars.
D. A sentence to pay a fine for a petty offense shall be a sentence to pay an amount,  fixed by the court,  of not more than three hundred dollars.
E. A judgment that the defendant shall pay a fine,  with or without the alternative of imprisonment,  shall constitute a lien in like manner as a judgment for money rendered in a civil action.
F. This section does not apply to an enterprise.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-803 - Fines against enterprises

13-803.
Fines against enterprises
A. Except as provided in sections 13-822 and 13-823,  a sentence to pay a fine that is imposed on an enterprise for an offense defined in this title or for an offense defined outside this title for which no special enterprise fine is specified shall be a sentence to pay an amount,  fixed by the court,  of not more than:
1. For a felony,  one million dollars.
2. For a class 1 misdemeanor,  twenty thousand dollars.
3. For a class 2 misdemeanor,  ten thousand dollars.
4. For a class 3 misdemeanor,  two thousand dollars.
5. For a petty offense,  one thousand dollars.
B. If the court imposes a fine,  the court shall impose as a presumptive fine the median of the allowable range under subsection A of this section and the presumptive fine may be mitigated or aggravated pursuant to this section.
C. After considering the factors listed in subsection F of this section,  the court shall determine an appropriate fine. If the court deviates from the presumptive fine,  the court shall set forth on the record the fine,  if any,  and how the relevant factors listed in subsection F of this section affected the court's determination.
D. Subsections B,  C and F of this section and sections 13-822 and 13-823 do not apply to sentences for misdemeanor violations that are prosecuted in justice court or municipal court,  except that the court may consider the factors listed in subsection F of this section and section 13-822 in determining the fine to impose.
E. A judgment that the enterprise shall pay a fine shall constitute a lien in like manner as a judgment for money rendered in a civil action.
F. If the court deviates from the presumptive fine,  the court shall base its decision on any evidence or information that was introduced or submitted to it before sentencing or on any evidence that was previously heard at trial and shall consider the following factors,  if relevant:
1. The income and assets of the enterprise and the economic impact of the penalty on the enterprise.
2. Any prior criminal,  civil or regulatory misconduct by the enterprise.
3. The degree of harm resulting from the offense.
4. Whether the offense resulted in pecuniary gain.
5. Whether the enterprise made good faith efforts to comply with any applicable requirements.
6. The duration of the offense.
7. The role of the directors,  officers or principals of the enterprise in the offense.
8. Whether the offense involved an unusually vulnerable victim due to age,  physical or mental condition or any other factor that would make the victim particularly susceptible to criminal conduct.
9. Whether the offense involved a threat to a market.
10. Whether the enterprise breached a fiduciary duty in committing the offense.
11. The obligation of the enterprise to pay restitution.
12. Any other factors that the court deems appropriate.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-804.01 - Reimbursement of incarceration costs; misdemeanors

13-804.01.
Reimbursement of incarceration costs;  misdemeanors
A. The court shall order a person who is convicted of a misdemeanor offense and who is sentenced to a term of incarceration to reimburse the political subdivision that is responsible for the costs of the person's incarceration for the incarceration costs.
B. The court may determine the amount of incarceration costs to be paid based on the following factors:
1. The per diem per person cost of incarceration incurred by the political subdivision that incarcerates the person.
2. The person's ability to pay part or all of the incarceration costs.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-805 - Jurisdiction

13-805.
Jurisdiction
A. The trial court shall retain jurisdiction of the case as follows:
1. Subject to paragraph 2 of this subsection,  for purposes of ordering,  modifying and enforcing the manner in which court-ordered payments are made until paid in full or until the defendant's sentence expires.
2. For all restitution orders in favor of a victim,  including liens and criminal restitution orders,  for purposes of ordering,  modifying and enforcing the manner in which payments are made until paid in full.
B. At the time the defendant is ordered to pay restitution by the court,  the court may enter a criminal restitution order in favor of each person who is entitled to restitution for the unpaid balance of any restitution order. A criminal restitution order does not affect any other monetary obligation imposed on the defendant pursuant to law.
C. At the time the defendant completes the defendant's period of probation or the defendant's sentence or the defendant absconds from probation or the defendant's sentence,  the court shall enter both:
1. A criminal restitution order in favor of the state for the unpaid balance,  if any,  of any fines,  costs,  incarceration costs,  fees,  surcharges or assessments imposed.
2. A criminal restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered,  if a criminal restitution order is not issued pursuant to subsection B of this section.
D. The clerk of the court shall notify each person who is entitled to restitution of the criminal restitution order.
E. A criminal restitution order may be recorded and is enforceable as any civil judgment,  except that a criminal restitution order does not require renewal pursuant to section 12-1611 or 12-1612. Enforcement of a criminal restitution order by any person or by the state on behalf of any person who is entitled to restitution includes the collection of interest that accrues at a rate of ten percent a year. Enforcement of a criminal restitution order by the state includes the collection of interest that accrues at a rate of four percent a year. A criminal restitution order does not expire until paid in full. A filing fee,  a recording fee or any other charge is not required for recording a criminal restitution order.
F. All monies paid pursuant to a criminal restitution order entered by the court shall be paid to the clerk of the court.
G. Monies received as a result of a criminal restitution order entered pursuant to this section shall be distributed in the following order of priority:
1. Restitution ordered that is reduced to a criminal restitution order.
2. Associated interest.
H. The interest accrued pursuant to subsection E of this section does not apply to fees imposed for collection of the court ordered payments.
I. A criminal restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the defendant.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-807 - Civil actions by victims or other persons

13-807.
Civil actions by victims or other persons
A defendant who is convicted in a criminal proceeding is precluded from subsequently denying in any civil proceeding brought by the victim or this state against the criminal defendant the essential allegations of the criminal offense of which he was adjudged guilty,  including judgments of guilt resulting from no contest pleas. An order of restitution in favor of a person does not preclude that person from bringing a separate civil action and proving in that action damages in excess of the amount of the restitution order that is actually paid.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-808 - Time and method of payment of fines; conditions of probation; no limitation on restitution and other assessments

13-808.
Time and method of payment of fines;  conditions of probation;  no limitation on restitution and other assessments
A. If a defendant is sentenced to pay a fine alone or in addition to any other sentence,  the court or a probation officer or a staff member designated by the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence the fine shall be payable immediately.
B. If a defendant sentenced to pay a fine,  restitution,  penalty,  assessment,  incarceration cost or surcharge is also sentenced to probation,  the court shall make payment of the fine,  restitution,  penalty,  assessment,  incarceration cost or surcharge a condition of probation.
C. The amount of restitution,  assessments,  incarceration costs and surcharges is not limited by the maximum fine that may be imposed under section 13-801 or 13-802.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-809 - Priority of payments; application to traffic offenses; orders to reimburse public monies

13-809.
Priority of payments;  application to traffic offenses;  orders to reimburse public monies
A. If a defendant is sentenced to pay a fine or incarceration costs,  payment and enforcement of restitution take priority over payment to the state.
B. Section 13-804 does not apply to traffic offenses,  except for a violation of section 28-661,  28-662,  28-693,  28-1381,  28-1382 or 28-1383 or any local ordinance relating to the same subject matter of such sections.
C. The court may impose an additional fine on sentencing for any offense to require that the defendant reimburse the law enforcement agency for any public monies paid to any person.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-811 - Disposition of fines

13-811.
Disposition of fines
A. Except as provided in subsections B and C of this section,  all fines collected in any court,  except municipal courts,  shall be paid to the county treasurer of the county in which the court is held. All fines collected in the superior court for violation of a city or town ordinance shall be paid to the county treasurer.
B. Except as provided in subsection C of this section,  all fines or costs collected in any court for offenses indicted by a state grand jury or for other offenses prosecuted by the attorney general shall be paid to the anti-racketeering revolving fund established by section 13-2314.01.
C. Except as provided in section 13-821,  all fines collected in any court for offenses included in chapter 34 of this title and prosecuted by a city prosecutor,  a county attorney or the attorney general shall be paid to the drug and gang enforcement fund established by section 41-2402.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-812 - Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs

13-812.
Garnishment for nonpayment of fines,  surcharges,  fees,  assessments,  restitution or incarceration costs
A. After a hearing on an order to show cause pursuant to section 13-810,  subsection A or B or after a hearing on a petition to revoke probation,  the court may issue a writ of criminal garnishment for any fine,  surcharge,  fee,  assessment,  restitution or incarceration costs.
B. The court may order garnishment for monies that are owed to a victim or the court,  the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine,  surcharge,  fee,  assessment,  restitution or incarceration costs. A writ of criminal garnishment applies to any of the following:
1. The defendant's earnings as defined in section 12-1598.
2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings.
3. Monies that are held by a garnishee on behalf of a defendant.
4. The defendant's personal property that is in the possession of a garnishee.
5. If the garnishee is a corporation,  shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant.
6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-814 - Restitution to pawnbrokers and dealers; definitions

13-814.
Restitution to pawnbrokers and dealers;  definitions
A. If the lawful owner of stolen property recovers the property from a pawnbroker or dealer and the person who sold or pledged the property to the pawnbroker or dealer is convicted of a violation of law that is related to the stolen or pledged property,  the court shall order the defendant to make restitution to the pawnbroker pursuant to this chapter.
B. For the purposes of this section:
1. " Dealer"  has the same meaning prescribed in section 44-1601.
2. " Precious item"  has the same meaning prescribed in section 44-1601.
3. " Property"  includes a numismatic or bullion gold coin and a precious item.