Arizona § 31-238 - Incarceration costs; setoff
Full text of Arizona Arizona Revised Statutes § 31-238 — Incarceration costs; setoff, with citation guidance and answers to common questions.
§ 31-238. Incarceration costs; setoff
A. The director of the state department of corrections shall establish an annual cost of incarceration for any person who is convicted in a state court and committed to the state department of corrections.
B. This cost of incarceration shall reflect the amount of dollars this state spent in behalf of the prisoner and shall equal the average cost of one year's incarceration, and the director shall credit or debit a prorated portion of the cost of incarceration with respect to any such person incarcerated for three hundred thirty-four or fewer days in a given fiscal year.
C. The calculation of the number of days of incarceration in a given fiscal year for the purpose of such a fee shall include time served before conviction.
D. This state has the right to set off the cost of incarceration calculated under subsection A of this section at any time and without prior notice against any claim made by or monetary obligation owed to a person for whom a cost of incarceration can be calculated, except that twenty percent of any claim or monetary obligation is exempt from this section.
E. Based on the average annual cost of incarceration for the previous three years, this state may set off a sum to cover the minimum future incarceration that a person will serve but must tender to the person on release the difference between the amount of monies set off and the actual cost of incarceration, if any.
F. If a person for whom a cost of incarceration can be calculated obtains a monetary judgment against this state and the attorney general appears and exercises the rights of this section, any monies set off against the monetary judgment shall be distributed as follows:
1. Seventy percent of the monies set off shall be deposited in the state general fund.
2. Thirty percent of the monies shall be transmitted to the office of the attorney general to cover the costs associated with litigation.
Frequently Asked Questions About Arizona § 31-238
What does Arizona Revised Statutes § 31-238 cover?
Section 31-238 ("Incarceration costs; setoff") is part of the Arizona Revised Statutes, the codified statutory law of Arizona. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arizona § 31-238?
A common citation format is "Arizona Revised Statutes § 31-238" (Arizona). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arizona law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arizona official source linked on this page or consult a licensed Arizona attorney.
How does Arizona § 31-238 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arizona can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arizona.