(The Center Square) – The opioid settlement funds headed to the Arizona corrections system are legal, according to a judge’s ruling on Monday.
The part of the budget that would divert $115 million in total to support the Arizona Department of Corrections, Rehabilitation and Reentry with what’s outlined as substance abuse treatment. Although the original legal action from Attorney General Kris Mayes resulted in a temporary restraining order for the funds to be transferred, this recent decision from the Maricopa County Superior Court scrapped that.
Gov. Katie Hobbs’ office, who negotiated the budget along with Republican legislative leadership for months, said the judge made the correct call.
“The Attorney General is flatly wrong on the law and mischaracterized the opioid funding in the bipartisan budget. Today’s ruling gets it right. Governor Hobbs is a social worker who secured a bipartisan agreement to treat victims of the opioid crisis and will continue to defend that funding,” a spokesman for Hobbs, Christian Slater, stated.
However, Mayes said she will keep tabs on how the money is used. That aspect of the budget raised concerns among both Republicans and Democrats, as it was one of many fund transfers used. The settlement has a memorandum of understanding that outlines what the funds can be used for, and the argument centered on the money could be used to help ADCRR. According to Capitol Media Services, further action can be sought from Mayes’ office is the money is not spent properly.
Still, the budget passed with a bipartisan vote, with votes for and against from both parties.
“I continue to believe the move by the Legislature and the Governor to sweep these funds in this manner is wrong — and I will be closely monitoring each penny of spending by ADCRR. I also believe that this move in a very real way puts at risk future settlement payments,” Attorney General Kris Mayes said in a statement.
“But the people who really lost today are the countless Arizonans on the front lines of this crisis, particularly in rural Arizona, whose needs have been ignored by the Governor and GOP legislative leaders,” she continued. Meanwhile, House Speaker Ben Toma remains confident that the funds would be used for their intended purpose.“I’m pleased with the judge’s decision to dissolve the temporary restraining order, which AG Mayes wrongly sought. Now the funds will lawfully spent by the Department of Corrections, as intended in the budget and to help individuals impacted by opioids,” he said in a statement. As budget talks were ongoing, Toma said Mayes was jumping the gun by suggesting legal action over the settlement fund usage, The Center Square reported.
