ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2599: jail; home confinement electronic monitoring

Sponsor:  Representative Blackman, LD 6

Committee on Criminal Justice Reform

Overview

Authorizes counties to establish a home confinement electronic monitoring program (Program) and outlines the Program's conditions.

History

An inmate who has served not less than six months of a sentence is eligible for the home arrest program if certain specified conditions are met. The Board of Executive Clemency must determine which inmates are released to the home arrest program based on the programs criteria and other specified considerations.  Inmates must follow the conditions of the home arrest program or risk being returned to the custody of the Department of Corrections (A.R.S. § 41-1604.13).

Provisions

1.   Authorizes counties to establish a home confinement electronic monitoring program (Program). (Sec. 1)

2.   States the Program allows a prisoner to serve a portion of the jail term under monitoring conditions set by the court. (Sec. 1)

3.   States that, except in specific circumstances, all time a prisoner participates in the Program is considered time spent in jail. (Sec. 1)

4.   Specifies only the court may authorize a prisoner to participate in the Program and the court may set terms and conditions for participation. (Sec. 1)

5.   Outlines the following eligibility Program requirements for the prisoner:

a)   Not a flight risk;

b)   Currently employed;

c)   Not a risk to the community; and

d)   Has not been removed from the program in the past. (Sec. 1)

6.   Grants the victim the right to be heard before a court authorizes a prisoner to participate in the Program. (Sec. 1)

7.   Restricts the prisoner to only court-approved locations while participating in the Program. (Sec. 1)

8.   Authorizes the court to order the prisoner to participate in drug- or alcohol-monitoring or treatment programs while participating in the Program. (Sec. 1)

9.   Specifies the Program may be monitored by the adult probation department or by a county-contracted provider. (Sec. 1)

10.  States counties must specify how Program violations are reported to the courts. (Sec. 1)

11.  Outlines hearing requirements for prisoners who commit Program violations. (Sec. 1)

12.  Provides discretion to the courts to determine whether a prisoner who violated the terms and conditions of the Program remains in the program, with or without modifications, or removes the prisoner from the Program. (Sec. 1)

13.  States the prisoner is responsible for the Program's costs and any other costs associated with court-ordered drug- or alcohol-treatment or monitoring programs

14.  Requires the court to remove any prisoner from the Program who willfully refuses to pay costs related to the Program or other court-ordered programs. (Sec. 1)

15.  Limits the monthly costs of the Program not to exceed $50. (Sec. 1)

16.  Defines court, jail, prisoner and program. (Sec. 1)☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

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20.                    HB 2599

21.  Initials LC/JR        Page 0 Criminal Justice Reform

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