Arizona asks cities to fork over $500K4 min read

The residents of Sedona and Yavapai County are being hit with another bill from the State Legislature they cannot afford to pay.
The amount is $568,087, to be exact.

By Greg Nix
Larson Newspapers

The residents of Sedona and Yavapai County are being hit with another bill from the State Legislature they cannot afford to pay.
The amount is $568,087, to be exact. This bill is for the Arizona Department of Public Safety’s Crime Lab.
“The legislature passed the statute that allows DPS to charge agencies for services and it does not appear to be unconstitutional. It is a policy decision by our state leaders to conduct business this way,” Yavapai County Attorney Sheila Polk said.
The DPS Crime Lab is the processing center for all law enforcement agencies in the state for analyzing the evidence for criminal trials.
This evidence includes blood and urine samples for DUI trials, illegal drug analysis, fingerprint analysis, DNA, ballistics and forgeries, Polk said.
“Ultimately, we will have to cut services in other areas to pay these new fees or cut law enforcement services,” she said, “I am very concerned that public safety not suffer as a result of these new fees.”
Jerome Police Department Chief Allen Muma referred to ARS §41-1771 which states the DPS crime lab is to support area law enforcement agencies, and ARS §41-2415 which stipulates all traffic citations will have surcharges to pay for the lab and evidence analysis.
The surcharges from the state account for 80 percent of the citation, Muma said.
DPS’ chief of the Criminal Justice Support Division, Georgene Ramming, said the cost to each local municipality is what they have to pay to use the crime lab this year.
The cost is based on how much each agency used the lab last year, she said.
Ramming said the law passed by the state legislature sets a cap of $7.8 million which DPS can collect.
If the state legislature extends this law into fiscal year 2009-10, the fees for next year will be based on how much each agency used the crime lab this year, Ramming said.
DPS will not deny evidence processing in a major case if a small municipality cannot afford the fees, she said.
However, for those municipalities which do not pay the bill, Ramming continued, not every piece of evidence submitted this year will be processed.
Sedona Police Department Chief Joe Vernier stands firm with area law enforcement agencies on the current statute mandating DPS to assist and support their efforts in solving crimes, without billing
them. Vernier’s concern goes directly to public safety, as
the department will have to make cuts.
Cottonwood City Manager Doug Bartosh said the charges are “interesting,” since the state statute clearly says the crime lab was established for the purpose of giving assistance to law enforcement in this state.
The danger is in forcing area law enforcement agencies to make decisions on evidence analysis based on cost. They now know they will be billed next year for how much they use the lab this year, he said.
The only other state in the country which does this is Mississippi, he said.
Bartosh also said the fact Mississippi is the only other state should be a clear indication of how bad an
idea charging for the crime
lab is.
Bartosh believes the state legislature has had a longtime plan to charge law enforcement agencies for using the crime lab. The current economic downturn simply gave them the needed excuse.
“In an economic downturn you don’t cut public safety, you cut extras you can live without,” he said.
Cottonwood Police Department’s Chief Jodi Fanning said he is not sure how the department will manage their bill of $40,598.
To cover the additional burden, Fanning said he will have to ask the Cottonwood City Council for emergency funding but is not sure this money will be available.
Fanning was definite in his view this cost will impact the efforts and effectiveness of his department.
CPD was going to reopen the Marisol Gonzales murder case by sending DNA samples for analysis. Now, due to the bill, the department will have to hold off on reopening the case until funding becomes available, Fanning said.
This means the family of Gonzales will have to continue waiting and hoping her killer will eventually be caught.
Camp Verde Town Marshal David Smith said his department does not have the $30,942 they are being billed.
He said the town was not consulted prior to the sudden bill and he feels the state legislature “snuck it in.”
Smith believes this bill to be a “double dipping” into tax payers due to the state statute mandating DPS assist without charging.

Larson Newspapers

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