State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1400: aggravated DUI; sentence; county jail

PRIME SPONSOR: Senator Smith, LD 11

BILL STATUS: Chaptered

               

Legend: ACJC – Arizona Criminal Justice Commission ADC – Arizona Department of Corrections BOS – Board of Supervisors DUI – driving under the influence Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to incarceration for aggravated DUIs.

Provisions

1.       Allows the sheriff of a county with less than 500,000 persons to establish an aggravated DUI jail program. (Sec. 1)

2.       Requires ADC to enter into an agreement with the county BOS before the program can be implemented. (Sec. 1)

3.       Permits the mandatory term of incarceration that a person would serve in prison to be served in the county jail, if a violation occurs in a county or contiguous to a county with an established and implemented jail program and the person is placed on probation. (Sec. 1)

4.       Mirrors the eligibility for release, work detail or monitoring program to the eligibility granted to a person incarcerated in prison. (Sec. 1)

5.       Requires a sheriff who establishes an aggravated DUI program to submit an annual report containing data that the Arizona Statistical Analysis Center deems necessary to prepare a recidivism report to ACJC. (Sec. 1)

6.       Expands where persons convicted of a DUI, extreme DUI or aggravated DUI may be incarcerated to include a medium security facility established by a city, town or county that has entered into an agreement with ADC and upon the order of a judge. (Sec. 2)

7.       Requires ACJC to submit an annual recidivism report to the Legislature, beginning January 1st, 2019, which compares the recidivism rate for persons who serve a term of mandatory incarceration in a county jail and for persons who serve that term in prison. (Sec. 3)

8.       Makes technical and conforming changes. (Sec. 1, 2)

Current Law

A.R.S. § 28-1383 outlines offenses and penalties for an aggravated DUI.

1.       DUI under A.R.S. § 28-1381 or A.R.S. § 28-1382 with a:

a.       Suspended, canceled, revoked, or refused license; or

b.       License restriction because of a DUI violation or an administrative license suspension.

2.       Commits a third or subsequent DUI violation within an 84-month look-back period.

3.       DUI with a person under 15 in the vehicle.

4.       DUI while the person has an ignition interlock restriction.

Aggravated DUI with a person under 15 in the vehicle is a Class 6 felony (1 year, up to $150,000 plus surcharges), otherwise it is a Class 4 felony (2˝ years, up to $150,000 plus surcharges). Depending on the circumstances, the minimum period of incarceration varies from either the minimum under the originating DUI offense up to 8 months in prison.  

A.R.S. § 28-1443 establishes a minimum-security facility for persons convicted of a DUI or extreme DUI.

A.R.S. § 31-234 states ADC may enter into an agreement with a city, county jail district, county, or city and county to permit the transfer of prisoners to a jail or other adult correctional facility, if the sheriff having jurisdiction over the facility consented to the transfer.

A.R.S. § 41-2405 outlines the duties of ACJC.

 

 

 

 

 

 

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Fifty-third Legislature                  SB 1400

Second Regular Session                               Version 4: Chaptered

 

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