A.R.S. tit. 11 ch. 3 — Arizona Revised Statutes Title 11 Chapter 3 — County Officers

11-401. Enumeration of officers A. The officers of the county are: 1. Sheriff. 2. Recorder. 3. Treasurer. 4. School superintendent. 5. County attorney. 6. Assessor. 7. Supervisors. 8. Clerk of the board of supervisors. 9. Tax collector. B. The county treasurer shall be ex officio tax collector. 11-402. Qualifications A person shall not be eligible for a county office, whether elective or appointive, nor shall a certificate of election or commission issue to any person, unless he is, at the time of his election or appointment, eighteen years of age or over, a resident of the state, an elector of the county or precinct in which the duties of the office are to be exercised and able to read and write the English language. The board of supervisors shall be the sole judge of such qualifications, subject to review by certiorari in the superior court. 11-403. Private practice of law prohibited; certain county attorneys; exceptions A. The sheriff, the constable and the constable's deputies are prohibited from practicing law or forming a partnership with an attorney-at-law. B. In a county having a population of sixty thousand or more persons, the county attorney or the county attorney's deputies shall not engage in the private practice of law, except: 1. With consent of the board of supervisors, a special deputy county attorney may be appointed on a fee basis in like manner as a special assistant attorney general. 2. Deputy county attorneys may, but in no circumstances shall be required to, represent private clients in pro bono, private civil matters under the following circumstances: (a) The representation will be conducted exclusively during off hours or while on leave and the attorney will not receive any compensation for such services. (b) The client is not seeking an award of attorney fees for the services. (c) The services are for an individual in need of personal legal services who does not have the financial resources to pay for the professional services or for a nonprofit, tax exempt charitable organization formed for the purpose of providing social services to individuals and families. (d) The representation will not interfere with the performance of any official duties. (e) The subject matter of pro bono representation is outside of the area of practice to which the attorney is assigned in the county attorney's office and the activity will not appear to create a conflict of interest. (f) The activity will not reflect adversely on this state, the county or any of their agencies. (g) The deputy county attorney's position will not influence or appear to influence the outcome of any matter. (h) The activity will not involve assertions that are contrary to the interest or position of this state, the county or any of their agencies. (i) The activity does not involve a criminal matter or proceeding or any matter in which this state or the county is a party or has a direct or substantial interest. (j) The activity will not use resources that will result in a cost to this state, the county or any of their agencies. (k) The attorney's supervisor may require the attorney to submit a prior written request to engage in pro bono work that includes a provision holding the agency harmless from any of the work undertaken by the attorney. C. Notwithstanding any provision of law or rule to the contrary, representation by an attorney of a pro bono client under subsection B, paragraph 2 of this section shall not disqualify the office from subsequently participating in any action affecting the client. 11-404. Residence of county officers The following officers shall reside within the county: 1. Judge of the superior court. 2. Treasurer and ex officio tax collector. 3. Clerk of the board of supervisors. 4. Sheriff. 5. Assessor. 6. County attorney. 7. Recorder. 8. School superintendent. 9. Public defender. 11-405. Limitations on absence of officer from state A county officer shall not absent himself from the state for more than thirty days without the consent of the board of supervisors. 11-406. Term of office A. County and precinct officers for whose election and term of office no other provision is made, shall be elected at the regular general election and shall hold office for a term of two years from the first day of January subsequent to their election. B. One person only shall be elected to an office to which are attached other offices ex officio. 11-407. Duties of successors to office A. When the term of office for which an officer has been elected or appointed is terminated by operation of law, death, resignation or removal, leaving unperformed any duty imposed by law, the successor in office shall perform all acts and complete all unfinished official business commenced by his predecessor. B. The incoming sheriff shall execute certificates of sale or deeds of sales made by his predecessor. 11-408. Consolidation of offices Where offices are consolidated, the person elected or appointed to fill the offices consolidated shall take the oath of office and give the bond required for each, discharge the duties and receive the compensation of each office. 11-409. Deputies and employees; appointment The county officers enumerated in section 11-401, by and with the consent of, and at salaries fixed by the board, may appoint deputies, stenographers, clerks and assistants necessary to conduct the affairs of their respective offices. The appointments shall be in writing. 11-410. Use of county resources or employees to influence elections; prohibition; civil penalty; definitions A. A county shall not spend or use its resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value, for the purpose of influencing the outcomes of elections. Notwithstanding this section, a county may distribute informational pamphlets on a proposed bond election as provided in section 35-454 if those informational pamphlets present factual information in a neutral manner. Nothing in this section precludes a county from reporting on official actions of the county board of supervisors. B. The prohibition on the use of public resources to influence the outcome of bond, budget override and other tax-related elections includes the use of county-focused promotional expenditures that occur after an election is called and through election day. This prohibition does not include routine county communications. C. This section does not prohibit the use of county resources, including facilities and equipment, for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate. D. Employees of a county shall not use the authority of their positions to influence the vote or political activities of any subordinate employee. E. The attorney general or the county attorney of the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the alleged violation occurred for the purpose of complying with this section. F. For each violation of this section, the court may impose a civil penalty not to exceed five thousand dollars plus any amount of misused funds subtracted from the county budget against a person who knowingly violates or aids another person in violating this section. The person determined to be out of compliance with this section is responsible for the payment of all penalties and misused funds. County funds or insurance payments shall not be used to pay these penalties or misused funds. All misused funds collected pursuant to this section shall be returned to the county whose funds were misused. G. Nothing contained in this section shall be construed as denying the civil and political liberties of any employee as guaranteed by the United States and Arizona Constitutions. H. For the purposes of this section: 1. "Government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters. 2. "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral. 3. "Misused funds" means county monies or resources used unlawfully as proscribed by this section. 4. "Routine county communications" means messages or advertisements that are germane to the functions of the county and that maintain the frequency, scope and distribution consistent with past practices or are necessary for public safety. 11-411. Performance of duties at place other than county seat; record filing When, in the opinion of the chief officer of any county office, the public interest requires the performance of any duties of the office at a place other than the county seat, the duties may be performed at such place by a duly appointed and qualified deputy of the county officer, in the same manner, and with like effect as if performed at the county seat. Records of all duties so performed shall be filed in the office of the county officer at the county seat. 11-412. Seals for certain officers The board of supervisors, treasurer and recorder shall each have a seal of office bearing the name of the county and the office. 11-413. County offices; business periods A. Every county officer, except the sheriff, shall keep the officer's office open for at least forty hours each week or at least thirty-two hours each week if the week contains a day that is a legal holiday. Notwithstanding section 1-301, for the purposes of opening county offices for the transaction of business, the board of supervisors of any county by resolution may designate the Friday after the fourth Thursday in November as a legal holiday in place of the second Monday in October. If the board of supervisors makes such a designation, every county officer, except the sheriff, shall keep the officer's office open for at least twenty-four hours for that November week. B. The criminal division of the sheriff's office shall be open at all times. 11-414. Monthly statement of fees earned; disposition of fees A. County and precinct officers entitled to receive or collect fees, except notaries public, shall file on the first day of the month an itemized statement of all fees earned during the last month in the conduct of their official duties with the clerk of the board and the county treasurer, and all fees earned, as shown by the statement, shall be paid into the county treasury at the time of filing the statement. B. The sheriff of a county in which prisoners of the United States are received or kept shall in like manner pay into the county treasury the money received therefor. 11-416. Liability for failure to collect and remit fees Every salaried county or precinct officer failing to collect the prescribed fees and pay them into the county treasury is liable to the county therefor. 11-419. County salaries A. In counties having a population of five hundred thousand or more persons, the following annual salaries shall be paid to county officers: Annual Salary Annual Salary Through Beginning Officer December 31, 2024 January 1, 2025 Attorney $123,678 $143,678 Assessor 76,600 96,600 Recorder 76,600 96,600 Sheriff 100,824 120,824 Superintendent of schools 76,600 96,600 Supervisor 76,600 96,600 Treasurer 76,600 96,600 B. In counties having a population of less than five hundred thousand persons, the following annual salaries shall be paid to county officers: Annual Salary Annual Salary Through Beginning Officer December 31, 2024 January 1, 2025 Attorney $123,678 $143,678 Assessor 63,800 83,800 Recorder 63,800 83,800 Sheriff 100,824 120,824 Superintendent of schools 63,800 83,800 Supervisor 63,800 83,800 Treasurer 63,800 83,800 C. Each of the officers named in subsections A and B of this section, other than the board of supervisors and the county attorney, may appoint a chief deputy who shall receive an annual salary agreed on by the board of supervisors and the officer appointing the deputy. D. The county attorney shall devote full time to the county attorney's official duties and shall not engage in the private practice of law. The county attorney shall appoint a chief deputy who shall receive an annual salary agreed on by the board of supervisors and the officer appointing the chief deputy. E. In any county included under subsection B of this section, a chief deputy county attorney shall not be appointed unless authorized by the board of supervisors who may authorize or prohibit the chief deputy from engaging in the private practice of law. The annual salary of the chief deputy shall be in an amount agreed on by the county attorney and the board of supervisors. F. In case of a vacancy in office of any elected county officer included in subsections A and B of this section, the salary of the person appointed to fill such vacancy shall be the same for the balance of the unexpired term as that being paid the previous officeholder. 11-422. Salary of clerk of the board A. The board of supervisors in each county shall appoint a clerk and determine his salary. B. A clerk of a board of supervisors shall not be paid compensation other than the salary determined by the board but the clerk may be reimbursed for his actual necessary expenses incurred in the performance of his duties. 11-423. Assessor; treasurer; confidentiality; email addresses A. The county assessor and treasurer shall maintain the confidentiality of email addresses provided by county residents who request to receive information and notices from these county offices by email. B. This section does not limit or prohibit the public from inspecting or copying other records pursuant to title 39, chapter 1, article 2 that contain the email addresses provided by county residents. 11-424.01. Salaries of constables; definitions A. At the regular June meeting of the several boards of supervisors preceding a general election, the boards shall fix the salaries of constables to be elected for the four-year period commencing on the first day of the following January. B. In precincts with an average of one hundred or fewer documents served per year by a constable over the previous four years, as reported on the constable standardized daily activity logs, a constable is entitled to receive an annual salary of not more than $20,000. C. In precincts with an average of more than one hundred documents served per year by a constable over the previous four years, as reported on the constable standardized daily activity logs, the constables shall be paid as follows: 1. In precincts with five thousand or fewer registered voters, annual salaries of not more than $20,000. 2. In precincts with more than five thousand registered voters but fewer than ten thousand registered voters, annual salaries of not more than $30,000. 3. In precincts with ten thousand or more registered voters but fewer than twelve thousand registered voters, annual salaries of not less than $36,000 or more than $45,000. 4. In precincts with twelve thousand or more registered voters but fewer than sixteen thousand registered voters, annual salaries of not less than $41,000 or more than $56,000. 5. In precincts with sixteen thousand or more registered voters, annual salaries of not less than $55,000 or more than $75,000. D. The board of supervisors shall determine, subject to subsections B and C of this section, the salary of a constable appointed to fill a vacancy caused otherwise than by expiration of the term. This subsection does not authorize an increase or decrease in the salary during the term of office of a constable appointed to fill a vacancy. E. The board of supervisors shall withhold a constable's salary during the time that a constable is suspended from performing the constable's duties without pay pursuant to section 22-137. F. For the purposes of this section: 1. "Registered voter" means a qualified elector of a precinct who is registered on June 1 of each year. 2. "Standardized daily activity log" means a log of a constable's work-related activities, including all of the following: (a) A listing of all processes served. (b) The number of processes attempted to be served by case number. (c) The names of the plaintiffs and defendants. (d) The names and addresses of the persons to be served except as otherwise precluded by law. (e) The date of process. (f) The daily mileage. 11-424.02. Receipt of salary by justices of the peace; affidavit; pending and undetermined causes; violation; classification A. A justice of the peace or a justice of the peace pro tempore shall not receive his salary unless such justice either certifies that no cause before such justice remains pending and undetermined for sixty days after it has been submitted for decision or there is submitted by the chief justice of the Arizona supreme court a certification that such justice of the peace has had a physical disability during the preceding sixty days or that good and sufficient cause exists to excuse the application of this section to particularly identified litigation then pending. B. Any certification submitted by the chief justice pursuant to subsection A shall set forth in detail the nature and duration of the physical disability involved or the reason why subsection A should not apply to the specified pending litigation. C. Any person who issues or causes to be issued any check, warrant or payment to a justice of the peace or a justice of the peace pro tempore knowing that, pursuant to this section, such justice should not receive his salary is guilty of a class 3 misdemeanor. 11-441. Powers and duties A. The sheriff shall: 1. Preserve the peace. 2. Arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense. 3. Prevent and suppress all affrays, breaches of the peace, riots and insurrections that may come to the knowledge of the sheriff. 4. Attend all courts, except justice and municipal courts, when an element of danger is anticipated and attendance is requested by the presiding judge and obey lawful orders and directions issued by the judge. 5. Take charge of and keep the county jail, including a county jail under the jurisdiction of a county jail district, and the prisoners in the county jail. 6. Endorse on all process and notices the year, month, day, hour and minute of reception and issue to the person delivering the process or notice, on payment of fees, a certificate showing the names of the parties, the title of the paper and the time of reception. 7. Serve process and notices in the manner prescribed by law and certify under the sheriff's hand on the process or notices the manner and time of service, or if the sheriff fails to make service, the reasons for failure, and return them without delay. When returnable to another county, the sheriff may enclose such process or notices in an envelope, addressed to the officer from whom received, and deposit the envelope postage prepaid in the post office. The return of the sheriff is prima facie evidence of the facts stated in the return. 8. Secure, as soon as possible, the home of a deceased person located outside the boundaries of an incorporated city or town if the sheriff is unable to determine or locate the heirs or executor of the deceased person. B. The sheriff, in executing the duties prescribed in subsection A, paragraphs 1 through 4 of this section, may command the aid of as many inhabitants of the county as the sheriff deems necessary. C. The sheriff shall conduct or coordinate within the county search or rescue operations involving the life or health of any person or may assist in such operations in another county at the request of that county's sheriff. The sheriff may request assistance from any persons or agencies in fulfilling duties under this subsection. A search and rescue unit established or recognized by a county may possess human remains as defined in section 36-301 for the purpose of training canines used for search and rescue work. The sheriff or the sheriff's designee shall keep an inventory of all human remains that are kept for the purpose of training search and rescue canines. The inventory must be updated when the search and rescue unit receives human remains or disposes of human remains that are no longer useful to the search and rescue unit. Each search and rescue unit that possesses human remains for the purpose of training search and rescue canines shall establish policies and standard operating procedures for access to, the inventory of and the possession and disposal of human remains kept for the purpose of training search and rescue canines. D. The sheriff, in executing the duties prescribed in this section, including the duties prescribed in subsection A of this section, may request and use the aid of volunteer posse and reserve organizations located in the county. When activated by the sheriff, the sheriff has exclusive authority to regulate the organization and equipment that is used by a posse or reserve organization or members of a posse or reserve organization that are acting within the sheriff's authority and written policy in support of the sheriff's office, consistent with law. E. The sheriff may assist in executing the duties prescribed in this section in another county at the request of that county's sheriff. F. The sheriff may require any prisoner who is on work release to reimburse the county for reasonable expenses incurred in connection with the release. G. The board of supervisors of a county bordering Mexico may adopt an ordinance pursuant to chapter 2 of this title allowing the sheriff to prevent the entry from this state into Mexico at the border by any resident of this state who is under eighteen years of age if the minor is unaccompanied by a parent or guardian or does not have written consent for entry from the minor's parent or guardian. The authority of the sheriff is only to prevent entry and not to otherwise detain the minor. This subsection does not limit the authority of the sheriff pursuant to any other law. A county is not civilly or criminally liable for not adopting an ordinance pursuant to this subsection. H. Notwithstanding section 13-3112, the sheriff may authorize members of the sheriff's volunteer posse who have received and passed firearms training that is approved by the Arizona peace officer standards and training board to carry a deadly weapon without a permit while on duty. I. The sheriff has the exclusive right to name any posse that is associated with the sheriff's office and to dissolve any posse that operates under the sheriff's jurisdiction. 11-442. Ranger deputies; appointment and compensation By and with the advice and consent of the board of supervisors, the sheriff may appoint ranger deputies whose compensation shall be fixed by the board, not to exceed one hundred twenty-five dollars per month for each deputy for salary and expenses incurred. Every ranger deputy shall provide and keep at his own expense a means of travel to be used by him in the discharge of his duty. 11-443. Vacancy in office When a vacancy occurs in the office of sheriff the chief deputy shall execute the office until the vacancy is filled. 11-444. Expenses of sheriff as county charge; expense fund A. The sheriff shall be allowed actual and necessary expenses incurred by the sheriff in pursuit of criminals, for transacting all civil or criminal business and for service of all process and notices, and such expenses shall be a county charge, except that the allowable expenses of service of process in civil actions shall be as provided in section 11-445. B. The board shall, at the first regular meeting in each month, set apart from the expense fund of the county a sum sufficient to pay the estimated traveling and other expenses of the sheriff during the month, which shall be not less than the amount paid for the expenses for the preceding month. The sum so set apart shall thereupon be paid over to the sheriff for the payment of such expenses. C. At the end of each month the sheriff shall render a full and true account of such expenses, and any balance remaining unexpended shall be paid by the sheriff into the county treasury. If the sum so paid over is insufficient to pay the expenses incurred during the month, the excess shall be allowed and paid as other claims against the county. 11-445. Fees chargeable in civil actions by sheriffs and constables; constables' standardized daily activity logs A. The sheriff shall receive the following fees in civil actions: 1. For serving each true copy of the original summons in a civil suit, $16, except that the sheriff shall not charge a fee for service of any document pursuant to section 13-3602 or any injunction against harassment pursuant to section 12-1809 if the court indicates the injunction arises out of sexual violence as defined in section 23-371. 2. For summoning each witness, $16. 3. For levying and returning each writ of attachment or claim and delivery, $48. 4. For taking and approving each bond and returning it to the proper court when necessary, $12. 5. For endorsing the forfeiture of any bond required to be endorsed by the sheriff, $12. 6. For levying each execution, $24. 7. For returning each execution, $16. 8. For executing and returning each writ of possession or restitution, $48 plus a rate of $40 per hour per deputy or constable for the actual time spent in excess of three hours. 9. For posting the advertisement for sale under execution, or any order of sale, $12. 10. For posting or serving any notice, process, writ, order, pleading or paper required or allowed by law, not otherwise provided for, $16 except that posting for a writ of restitution shall not exceed $10. 11. For executing a deed to each purchaser of real property under execution or order of sale, $24. 12. For executing a bill of sale to each purchaser of real and personal property under an execution or order of sale, when demanded by the purchaser, $16. 13. For services in designating a homestead or other exempt property, $12. 14. For receiving and paying money on redemption and issuing a certificate of redemption, $24. 15. For serving and returning each writ of garnishment and related papers, $40. 16. For the preparation, including notarization, of each affidavit of service or other document pertaining to service, $8. 17. For every writ issued on behalf of a justice of the peace, a fee established by the board of supervisors of not more than $10 per writ. Monies collected from the writ fees shall be deposited in the constable ethics standards and training fund established by section 22-138. B. The sheriff shall also collect the appropriate recording fees, if applicable, and other appropriate disbursements. C. The sheriff may charge: 1. $56 plus disbursements for any skip tracing services performed. 2. A reasonable fee for executing a civil arrest warrant ordered pursuant to court rule by a judge or justice of the peace. The fee shall only be charged to the party requesting the issuance of the civil arrest warrant. 3. A reasonable fee for storing personal property levied on pursuant to title 12, chapter 9. D. For traveling to serve or on each attempt to serve civil process, writs, orders, pleadings or papers, the sheriff shall receive $2.40 for each mile actually and necessarily traveled but not to exceed two hundred miles, nor to be less than $16. Mileage shall be charged one way only. For service made or attempted at the same time and place, regardless of the number of parties or the number of papers so served or attempted, only one charge for travel fees shall be made for such service or attempted service. E. For collecting money on an execution when it is made by sale, the sheriff and the constable shall receive $8 for each $100 or major portion thereof not to exceed a total of $2,000, but when money is collected by the sheriff without a sale, only one-half of such fee shall be allowed. When satisfaction or partial satisfaction of a judgment is received by the judgment creditor after the sheriff or constable has received an execution on the judgment, the commission is due the sheriff or constable and is established by an affidavit of the judgment creditor filed with the officer. If the affidavit is not lodged with the officer within thirty days of the request, the commission shall be based on the total amount of judgment due as billed by the officer and may be collected as any other debt by that officer. F. The sheriff shall be allowed for all process issued from the supreme court and served by the sheriff the same fees as are allowed the sheriff for similar services on process issued from the superior court. G. The constable shall receive the same fees as the sheriff for performing the same services in civil actions, except that mileage shall be computed from the office of the justice of the peace in the precinct where the constable serves to the place of service. H. Notwithstanding subsection G of this section, in a county with a population of more than three million persons, if an office of a justice of the peace is located outside of the precinct boundaries, the mileage for a constable shall be calculated pursuant to subsection D of this section, except that the distance between the precinct boundaries and the office of the justice of the peace, as determined by the county and certified by the board of supervisors of that county, shall be subtracted from the mileage calculation. This certified mileage calculation shall be transmitted to the justice courts and the clerks of those courts shall calculate the mileage between the office of the justice of the peace and the location where the civil process, writ, order, pleading or paper was served and reduce the mileage used to calculate the mileage fee according to the certified mileage calculation for that respective jurisdiction. I. Constables shall maintain a standardized daily activity log of work related activities, including a listing of all processes served and the number of processes attempted to be served by case number, the names of the plaintiffs and defendants, the names and addresses of the persons to be served except as otherwise precluded by law, the date of process and the daily mileage. J. The standardized daily activity log maintained in subsection I of this section is a public record and shall be made available by the constable at the constable's office during regular office hours. The standardized daily activity log shall be filed monthly by the tenth day of the following month with the clerk of the board of supervisors. The board of supervisors shall determine the method for filing the standardized daily activity log. 11-446. Payment of fees into county treasury The sheriff shall pay into the county treasury, on the first Monday of each month, all fees and mileage earned and collected by him. 11-447. Service of process regular on its face A sheriff or other ministerial officer is justified in the execution of, and shall execute all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued. 11-448. Duty to show process The officer executing process shall then, and so long as he retains it, upon request, show a conformed copy of the process, with all papers attached, to any interested person. 11-449. Liability relating to writs, levies or sales If a sheriff neglects to make due return of a writ or paper delivered to him to be served or executed, or is guilty of any misconduct in the service or execution thereof, he is liable to the party aggrieved for damages sustained, and, in addition, for a penalty of two hundred dollars. If the sheriff to whom a writ of execution is delivered neglects or refuses, after demand by the creditor, to levy upon or sell property of the party named in the writ which is subject to levy or execution, he is liable to the creditor for the value of the property. 11-450. Effect of directions of party upon liability of sheriff in execution of process No direction or authority by a party to a sheriff in respect to the execution of process or return thereof, or to any act or omission relating thereto, shall discharge or excuse the sheriff from liability for neglect or misconduct, unless in writing and signed by the party or his attorney. 11-451. Proceedings upon failure to pay over money If a sheriff or deputy fails to pay over to the county, according to law, any money collected or received by the sheriff or deputy for the county, or fails to pay over to the person entitled thereto any money collected or received by the sheriff or deputy by virtue of the sheriff's or deputy's office, the county attorney of the county, or such person entitled thereto, may proceed against the sheriff or deputy in the superior court, by an order to show cause why the sheriff or deputy should not pay over the money. Upon the hearing, the court may order the sheriff or deputy to pay to the county or person the amount found due, with not to exceed twenty-five per cent thereof as damages for the failure, together with the costs of the proceeding. Upon failure to comply with the order the sheriff or deputy may be committed to jail as for contempt. When the sheriff is so committed, and remains committed for sixty days, the sheriff's office is vacant. 11-452. Neutral safe exchange locations; parenting time; designation; immunity A. Each county sheriff shall maintain on the office's public website a list of the neutral safe exchange locations within their county for the purposes of exchanging children pursuant to a parenting plan under section 25-403.10. B. Any sheriff's office may designate two or more parking spots at the sheriff's office or any sheriff's office substation as a neutral safe exchange location for the purposes of exchanging children. Any police department of a city or town may designate two or more parking spots at the police department or any police department substation as a neutral safe exchange location. C. Each parking lot that is designated as a neutral safe exchange location shall have a purple light or a sign clearly identifying the area as a neutral safe exchange location. The neutral safe exchange location shall meet all of the following: 1. Provide accessibility twenty-four hours a day, seven days a week. 2. Have adequate lighting and an external video surveillance system that records continuously twenty-four hours a day, seven days a week and that has the ability to retain videos for forty-five days. 3. Have at least one camera that is fixed in or near the designated neutral safe exchange location, that captures images that clearly and accurately display the time and date and that has the ability to store images for forty-five days. D. Counties, cities, towns, sheriffs, law enforcement officers and employees of the designated neutral safe exchange location are not liable for civil damages for any act or omission relating to an incident arising out of the exchange of a child at a neutral safe exchange location. 11-454. Service on sheriff Service of a paper, other than process, upon the sheriff may be made by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours. When the sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, shall be executed by a constable, or a person appointed by the court. 11-455. Employment of prisoners; work projects The sheriff may employ prisoners, inside or outside the county jail, who have been sentenced to imprisonment in the county jail to such labor or occupation as he deems necessary, including, but not limited to, agricultural work projects or the production of articles needed for construction, operation, maintenance or use of a county department, office, institution or agency. 11-456. Delivery of property and papers to successor; return of executed process A. The sheriff shall deliver to his successor in office: 1. The jail of the county, or of a county jail district, with all its appurtenances, and all the property of the county therein. 2. All prisoners then confined in the jail. 3. All process, commitments or other papers or documents in his custody authorizing or relating to the confinement of the prisoners, and if any process has been returned, a statement in writing of the contents thereof and when returned. 4. All writs and other original process, and all documents for the summoning of a grand or petit jury, then in his hands which have not been fully executed by him. 5. All executions, attachments and final process, and all property in his hands or possession by virtue of the levy of any writ. B. Upon such delivery, the former sheriff shall execute in duplicate an instrument reciting the property, process, documents and prisoners delivered, specifying particularly the process or other authority by which each prisoner was committed and is detained, and whether such process or authority is returned or delivered to the new sheriff. The instrument shall be delivered to the new sheriff, who shall in writing upon the duplicate copy, acknowledge receipt of the property, process, documents and prisoners therein specified, and shall deliver the duplicate and acknowledgment to the former sheriff. C. The former sheriff shall return in his own name all original process, attachments and executions which he has fully executed. 11-457. Refusal to deliver property or papers to successor If a former sheriff neglects or refuses to deliver to his successor the jail, process, documents and prisoners in his charge, as required by section 11-456, the successor may take possession of the jail, take custody of the prisoners therein confined, and may compel the delivery of the process and documents in the manner provided by law. 11-458. Refusal by sheriff to pay or disburse fine or forfeiture received; classification A sheriff who receives a fine or forfeiture and knowingly fails or refuses to pay or disburse it according to law within thirty days after the receipt thereof, is guilty of a class 2 misdemeanor. 11-459. Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs; community restitution work committee; members; duties A. The sheriff may establish a prisoner work, community restitution work and home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the county jail and prisoners. B. A prisoner is not eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program if any of the following applies: 1. After independent review and determination of the jail's classification program, the prisoner is found by the sheriff to constitute a risk to either himself or other members of the community. 2. The prisoner has a past history of violent behavior. 3. The prisoner has been convicted of a serious offense as defined in section 13-706 or has been sentenced as a dangerous offender pursuant to section 13-704 or repetitive offender pursuant to section 13-703. 4. Jail time is being served as a result of a felony conviction. 5. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program. 6. The prisoner is sentenced to a county jail and is being held for another jurisdiction. C. If a prisoner is selected for a program established pursuant to subsection A of this section, the sheriff may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises. In all other cases, the sheriff shall implement a system of monitoring using visitation, telephone contact or other appropriate methods to assure compliance with the home detention requirements. The sheriff may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program. D. If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the court may order the prisoner to pay the electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring unless, after determining the inability of the prisoner to pay these fees, the sheriff assesses a lesser fee. The sheriff shall use the fees collected to offset operational costs of the program. E. The sheriff may require that a prisoner who is employed during the week also participate in community restitution work programs on weekends. F. The sheriff may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals. The standard for review and determination of such leave is the same as that implemented to decide transportation requests for similar purposes made by prisoners who are confined in the county jail. G. Community restitution work shall include public works projects operated and supervised by public agencies of this state or counties, cities or towns on recommendation of the community restitution work committee and approval of the sheriff. The community restitution work committee may also recommend and the sheriff may approve other forms of community restitution work sponsored and supervised by public or private community oriented organizations and agencies. H. The community restitution work committee is established in each county and is composed of two designees of the sheriff, a representative of the county attorney's office selected by the county attorney, a representative of a local police agency selected by the police chief of the largest city in the county and three persons selected by the county board of supervisors from the private sector. A sheriff's designee shall serve as committee chairman and schedule all meetings. The committee shall meet as often as necessary, but no less than once every three months, for the purpose of considering and recommending appropriate community restitution work projects for home detention prisoners. The committee shall make its recommendations to the sheriff. Members are not eligible to receive compensation. I. At any time the sheriff may terminate a prisoner's participation in the prisoner work, community restitution work and home detention program or continuous alcohol monitoring program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement. J. If authorized by the court, a person who is sentenced pursuant to section 28-1381 or 28-1382 shall not be placed under home detention in a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program except as provided in subsections K through Q of this section. K. By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity a county may authorize the sheriff to establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382. If the board authorizes the establishment of a home detention program, a county sheriff may establish the program. A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program. L. A county sheriff may establish a continuous alcohol monitoring program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382, which shall be treated the same as confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the county jail and prisoners. A prisoner who is placed under a continuous alcohol monitoring program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in the program and pay thirty dollars per month while in the program, unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program. M. If a county sheriff establishes a home detention or continuous alcohol monitoring program under subsection K or L of this section, a prisoner must meet the following eligibility requirements for the program: 1. Subsection B of this section applies in determining eligibility for the program. 2. If the prisoner is sentenced under section 28-1381, subsection I, the prisoner first serves a minimum of one day in jail. 3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced under section 28-1381, subsection K or section 28-1382, subsection D or E, the prisoner first serves a minimum of twenty per cent of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring. 4. If placed under home detention, the prisoner is required to comply with all of the following requirements for the duration of the prisoner's participation in the home detention program: (a) All of the provisions of subsections C through G of this section. (b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests. (c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department. (d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program. (e) All other provisions of the sentence imposed. 5. Any additional eligibility criteria that the county may impose. N. If a county sheriff establishes a home detention program under subsection K of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection M, paragraph 2 of this section. O. The court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if either: 1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection M, paragraph 4, subdivision (c) of this section or section 28-1381, subsection J or L. 2. If placed under home detention, the prisoner leaves the premises during a time that the prisoner is ordered to be on the premises without permission of the court or supervising authority. P. At any other time the court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement. Q. The sheriff may terminate a program established pursuant to this section at any time. 11-459.01. County prisoner complaints to entities; procedure A. If a county operates a facility that provides medical and health services to inmates and the facility has been accredited by the national commission on correctional health care or the American correctional association, the board of supervisors of that county may require that a prisoner under the supervision of the county sheriff's office exhaust all internal grievance procedures before filing a complaint with any regulatory entity regulating health professions as defined in section 32-3101. B. If a prisoner files a complaint with an entity pursuant to subsection A of this section, the prisoner shall attach a copy of the county sheriff's office final grievance response to the complaint. 11-461. Recording instruments; keeping records; identification; location; social security numbers; definition A. The recorder shall have custody of and shall keep all records, maps and papers deposited in the recorder's office. B. The recorder shall record separately, in typewriting, in a legible hand or by use of photostatic or photographic machines or by a system of microphotography, all instruments or writings required or authorized by law to be recorded. In a like manner, the recorder shall record any other instrument offered for recording provided the instruments meet the requirements of section 11-480. C. The recorder may accept a digitized image of a recordable instrument for recording if it is submitted by a title insurer or title insurance agent as defined in section 20-1562, by a state chartered or federally chartered bank insured by the federal deposit insurance corporation, by an active member of the state bar of Arizona, by an agency, branch or instrumentality of the federal government, a trusted submitter or by a governmental entity and the instrument from which the digitized image is taken conforms to all applicable laws relating to the recording of paper instruments. D. Instruments shall be recorded consecutively as of the time they are received. The recorder shall affix to each instrument, either by hand or in a digitized form, a notation or notations sufficient to provide: 1. A record identification to uniquely identify each instrument and to fix its position within the sequence of recordings. 2. A record location to enable each instrument to be retrieved for purposes of inspection. E. Instruments may be recorded in docket books, in separate record books or in suitable containers, if the location of each instrument can be determined from notations both on the instrument and in the appropriate index. Reference to any recorded instrument may be made by the record location without further description. F. Any reference to docket and page, or book and page, or similar indication means the record location as notated on each recorded instrument. G. On or before January 1, 2009, the recorder in a county with a population of more than eight hundred thousand persons, shall redact references to complete nine digit social security numbers that are available on the recorder's website. Social security numbers may be retained on instruments that are not available on a website. The recorder shall also redact complete social security number references on all instruments recorded but not available on the website before the effective date of this amendment to this section, before making the instruments available on the website. The recorder is not liable for any errors or cases of stolen identity resulting from redactions made pursuant to this subsection. H. The recorder in a county with a population of less than eight hundred thousand persons shall redact references to complete nine digit social security numbers on instruments that are available on the recorder's website at the request of the holder of the social security number if the holder identifies the recorded instrument. The recorder shall also redact complete social security number references on all instruments recorded but not available on the website before the effective date of this amendment to this section, before making the instruments available on the website. Social Security numbers may be retained on instruments that are not available on the website. The recorder is not liable for any errors or cases of stolen identity resulting from redactions made pursuant to this subsection. I. Notwithstanding the limitations of section 11-475.01, county recorders may use monies in the document storage and retrieval conversion and maintenance fund to accomplish the requirements of subsections G and H of this section. J. For the purposes of this section, "a trusted submitter" means a person or entity that has entered into a memorandum of understanding regarding digitized recording with the county recorder in the county in which the digitized recording is to be submitted. 11-462. Enumeration of indices A. Every recorder shall keep indices to the instruments that have been recorded. There shall be at least one entry in the indices for each instrument recorded and this entry shall show at least the date of recording, the docket and page number where recorded, the grantor or the equivalent, if any, and the grantee or the equivalent, if any. B. The recorder may elect to keep some or all of the indices by categories according to the type of instrument. In this case, he must establish at least the following categories in which each instrument shall be indexed both by the grantor or the equivalent and by the grantee or the equivalent: conveyances of real property, mortgages, releases of mortgages, miscellaneous, leases, secured transactions, assignments of mortgages and leases, governmental liens, nongovernmental liens, attachments, judgments, and agreements. In addition the recorder, under this option, shall maintain at least the following additional categories: powers of attorney, official bonds, executions, lis pendens, mine location notices and partnerships. C. The recorder may elect to keep some or all of the indices by grantor and by grantee. In this case, the entry in the indices for each instrument shall also include a description or code indicating the type of instrument recorded. D. No other provisions of law shall prevent a recorder from indexing as specified in this section. 11-463. Manner of keeping indices A. The recorder may keep single or multiple indices of official records. The indices may be kept in distinctly marked volumes or may be stored by electronic or other storage and retrieval media. B. The names of the grantor or the equivalent or the grantee or the equivalent in the several indices which are kept in volumes shall be arranged in alphabetical order. C. Indices which are recorded or generated by computer shall have adequate safeguards for the preservation and integrity of the indices and shall allow for reasonable access by the public. 11-464. Master forms A. On presentation, the recorder shall record master forms in the official records, indexing the forms in such manner that they can be easily located. B. A recorded master form, or a numbered portion of a master form, may be incorporated by reference in any subsequent recorded instrument. If the entire form is not applicable, the reference shall state which portion or portions are to be included. C. Any instrument which references a recorded master form shall contain an acknowledgment by the person executing the instrument that he has received a copy of the recorded master form or applicable portion of it as part of the instrument which he is executing. D. This section does not affect contractual relations of parties to any transaction. 11-465. Discharge papers of service personnel The recorder shall record without fee the discharge papers of officers and enlisted personnel of the military and naval forces of the United States. Information contained in the military service record DD-214 or its equivalent shall not be disclosed to the general public if stored in electronic format. The county recorder shall provide access to a military service record DD-214 or its equivalent only to an official of the United States, a claimant or the guardian, attorney or personal representative of a claimant as needed in accordance with section 39-122 to be used in connection with a claim for a pension, an allotment, an allowance, compensation, insurance or other benefits that is to be presented to a department or bureau of the United States government. 11-466. Certified copies of judgments affecting real property The recorder shall file and record with the record of deeds, grants and transfers, certified copies of final judgments partitioning or affecting the title to or possession of real property, any part of which is located in the county. 11-467. Recorded documents; notice to named party Not later than January 1, 2025, the recorder shall provide a system for notifying a person or entity when any document is recorded in which the person or entity is a named party to the instrument. The system shall allow a person or entity to choose to participate and is voluntary for the person or entity, and the notice shall be provided promptly by email, text message or other similar means. 11-468. Place of recording instrument When any instrument is authorized or required by law to be recorded, it shall be recorded, unless otherwise expressly provided, in the office of the county recorder of the county in which the property or thing, or part thereof, affected by the instrument is located, but if only personal rights are affected thereby, then in the county where the parties thereto reside. 11-469. Time instrument deemed recorded; certificate; copies A. An instrument shall be considered recorded from the time it is accepted for record, as provided by sections 11-461 and 11-480. The recorder shall certify every instrument so recorded, indicating the hour, day, month and year of recording and the record identification of the instrument. When the instrument is recorded the recorder shall return it to the party designated in the instructions. If no such instructions are given, the instrument shall be returned to the party who presented it for recording. B. The recorder upon demand shall make and deliver certified copies of instruments r