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.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1992–2024 · leading case:
Holly v. State, 18 P.3d 152 (Ariz. Ct. App. 2001).
Goff v. State (Ariz. Ct. App. 2024).
· cites it 2× “§ 12-542, which establishes a two-year limitations period for various claims, A.R.S. § 31-238, which entitles the State to an offset for incarceration costs against any monetary obligation owed to a prison inmate, and A.”
Holly v. State, 18 P.3d 152 (Ariz. Ct. App. 2001).
· cites it 14× “Does The Anti-Abrogation Clause Apply? ¶ 3 A.R.S. § 31-238(A) requires the director of the Arizona Department of Corrections to calculate the per annum cost of incarceration for those committed to the Department.”
Ford v. State, 979 P.2d 10 (Ariz. Ct. App. 1999).
· cites it 7× “section 31-238, which provides: D. The state shall have the right to set off the cost of incarceration calculated under subsection A 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…”
Duarte v. State, 971 P.2d 214 (Ariz. Ct. App. 1998).
· cites it 8× “The trial court entered a judgment finding “that the Defendant State of Arizona is entitled to a setoff against each Plaintiff pursuant to A.R.S. § 31-238, in a sum equal to eighty percent of the amount due under the verdict.”
Cienfuegos v. Superior Court, 837 P.2d 1196 (Ariz. Ct. App. 1992).
“In order for section 31-238(H) to apply to the defendants in this case, the words “fails to return from .”
— Ariz. Rev. Stat. § 31-238(A) — 1 case
Holly v. State, 18 P.3d 152 (Ariz. Ct. App. 2001).
“Does The Anti-Abrogation Clause Apply? ¶ 3 A.R.S. § 31-238(A) requires the director of the Arizona Department of Corrections to calculate the per annum cost of incarceration for those committed to the Department.”
— Ariz. Rev. Stat. § 31-238(D) — 3 cases
Holly v. State, 18 P.3d 152 (Ariz. Ct. App. 2001).
“Does The Anti-Abrogation Clause Apply? ¶ 3 A.R.S. § 31-238(A) requires the director of the Arizona Department of Corrections to calculate the per annum cost of incarceration for those committed to the Department.”
Ford v. State, 979 P.2d 10 (Ariz. Ct. App. 1999).
“section 31-238, which provides: D. The state shall have the right to set off the cost of incarceration calculated under subsection A 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…”
Duarte v. State, 971 P.2d 214 (Ariz. Ct. App. 1998).
“The trial court entered a judgment finding “that the Defendant State of Arizona is entitled to a setoff against each Plaintiff pursuant to A.R.S. § 31-238, in a sum equal to eighty percent of the amount due under the verdict.”
— Ariz. Rev. Stat. § 31-238(D)(1996) — 1 case
Holly v. State, 18 P.3d 152 (Ariz. Ct. App. 2001).
“Does The Anti-Abrogation Clause Apply? ¶ 3 A.R.S. § 31-238(A) requires the director of the Arizona Department of Corrections to calculate the per annum cost of incarceration for those committed to the Department.”
— Ariz. Rev. Stat. § 31-238(H) — 1 case
Cienfuegos v. Superior Court, 837 P.2d 1196 (Ariz. Ct. App. 1992).
“In order for section 31-238(H) to apply to the defendants in this case, the words “fails to return from .”
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