ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: CJR DPA 9-0-0-0

HB 2165: prisoners; eligibility

Sponsor: Representative Blackman, LD 6

Caucus & COW

Overview

Establishes a home arrest program (Program) for inmates meeting certain requirements. Provides conditions for participation in the Program and authorizes the Board of Executive Clemency (Board) to determine which inmates may participate.

History

The Board consists of five members, appointed by the Governor, and has exclusive power to recommend reprieve, commutations, paroles, and pardons (A.R.S. §§ 31-401; 31-402).

A home arrest program exists for inmates who have served at least six months of their sentence if the inmate:

1) Was convicted of a class 4, 5 or 6 felony not involving a dangerous or sexual offense and had not previously been convicted of any felony;

2) Committed a technical violation of parole that was not a criminal offense;

3) Is eligible for work furlough; or

4) Is eligible for release on parole (A.R.S. § 1604.13).

Provisions

1. Creates the Program for inmates who meet the following criteria:

a) Are sentenced to at least two years of imprisonment for a felony that is not a serious offense;

b) Have served at least one year of the sentence, but is within four years of any form of release from incarceration;

c) Has not previously been convicted of certain listed crimes; and

d) Does not have any violent disciplinary infractions during the current term of imprisonment. (Sec. 3)

2. Directs the Board to determine which inmates are released to the Program based on a determination that there is a substantial probability the inmate will not violate the law, considering the prior record of the inmate, conduct of the inmate and any other information available. (Sec. 3)

3. Conditions participation in the Program on:

a) Maintaining active electronic monitoring surveillance and paying an electronic monitoring fee;

b) Participating in gainful employment or other beneficial activities;

c) Submitting to alcohol and drug tests and paying a drug testing fee;

d) Remaining at the inmate's place of residence except for conditions determined by the Board and supervising correctional officer;

e) Adhering to and complying with other conditions; and

f) Paying a monthly home arrest supervision fee. (Sec. 3)

4. Allows a hearing before assignment to home arrest, on request, with invitations to the presiding judge of the Superior Court, prosecuting attorney, director of the law enforcement agency, and victim. (Sec. 1, 3)

5. Stipulates that the ratio of supervising corrections officers to supervisees in the Program may not exceed 25:1. (Sec. 3)

6. Defines serious offense. (Sec. 3)

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

Amendment

Committee on Criminal Justice Reform

1. Clarifies list of offenses which make an inmate ineligible for participation in the Program.

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5. HB 2165

6. Initials AF Page 0 Caucus & COW

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