Assigned to COMPS AS
PASSED BY COW
Assigned to COMPS AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
aggravated DUI; sentence; county jail
Purpose
Allows county sheriffs in all counties except Maricopa County and Pima County to establish aggravated driving under the influence (DUI) programs that permit aggravated DUI offenders to serve their terms of incarceration in the county jail rather than in prison.
Background
A person commits a DUI if the person has a blood alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle (A.R.S. § 28‑1381). A person commits aggravated DUI if: 1) the person commits any type of DUI while the person's driver license or privilege to drive is suspended or otherwise restricted; 2) the person has had three or more DUIs within the past seven years; 3) the person commits DUI or extreme DUI with a person under the age of 15 in the vehicle; or 4) the person is required to equip a motor vehicle with a certified ignition interlock device and commits another type of DUI.
Aggravated DUI with a child under 15 in the vehicle is a class 6 felony; all other aggravated
DUI offenses are class 4 felonies. The penalty is four months in prison for aggravated DUI related
to a license suspension or three DUIs. The penalty for aggravated DUI for the fourth, or subsequent, DUI is eight months in prison. The person is not eligible for release on any basis until that term is served. All aggravated DUIs require the person to attend and complete alcohol or other drug screening, education or treatment. If the person fails to comply, he or she may be placed on probation and the court may order the person to be incarcerated as a term of probation from four months to a year, or eight months to two years, depending on the type of aggravated DUI (A.R.S. § 28-1383).
Statute allows a city, town or county to establish a minimum security facility for the confinement of DUI or extreme DUI offenders. A judge may order such an offender to serve the sentence in a minimum-security facility, if one has been established. Additionally, the Arizona Department of Corrections (ADC) may enter into an intergovernmental agreement with such a city, town or county for the incarceration of a DUI or extreme DUI offender (A.R.S. § 28-1443). This legislation extends this ability to medium security facilities and aggravated DUI offenders.
The anticipated fiscal impact to the state General Fund is unknown at this time. If ADC enters into an agreement with a county to transfer prisoners to a county jail, the agreement must provide for payments to the county, "in an amount sufficient to reimburse the full costs attached to housing a prisoner," otherwise sentenced to ADC. Additionally, statute allows such prisoners to participate in the facility's programs and requires ADC to bear the related expenses if the program is a required condition of confinement (A.R.S. § 31-234).
Provisions
1. Permits county sheriffs in counties with populations of less than 500,000 persons to establish an aggravated DUI program.
2. Prohibits an aggravated DUI program from being implemented until ADC enters into an agreement with a county Board of Supervisors that establishes an aggravated DUI program.
3. Allows a person who commits an aggravated DUI to serve the mandatory term of incarceration in county jail if:
a) the violation occurred in a county that has established an aggravated DUI program or in a county that is contiguous to a county that has established an aggravated DUI program; and
b) the person is placed on probation.
4. Deems such a person ineligible for early release of any kind.
5. Requires the Arizona Criminal Justice Commission (ACJC) to submit an annual recidivism report, beginning January 1, 2019, to the Legislature comparing the recidivism rate for a person who serves the mandatory incarceration in a county jail versus in a prison.
6. Requires a county sheriff who establishes an aggravated DUI program to submit an annual report to ACJC that contains the data that the Arizona Statistical Analysis Center determines is necessary to prepare the annual recidivism report.
7. Permits cities, towns and counties to establish medium security facilities for DUI inmates, in addition to minimum security.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Establishes reporting requirements for sheriffs who establish aggravated DUI programs.
Senate Action
COMPS 2/5/18 DPA 6-0-2
Prepared by Senate Research
February 20, 2018
GH/VR/lb