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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
prisoners; eligibility
Purpose
Establishes a home arrest program for eligible inmates and outlines program requirements.
Background
The Arizona Board of Executive Clemency (BOEC) consists of five members appointed by the Governor. The BOEC conducts monthly parole hearings for inmates who were convicted of offenses committed on or before January 1, 1994. Hearings may also be held to consider work furlough, home arrest or absolute discharge from imprisonment or parole supervision. The BOEC also conducts hearings for clemency actions that include pardon, commutation of sentence and reprieve (A.R.S. § 31-402).
An inmate who has
served at least six months of a sentence is eligible for home arrest if the
inmate meets established statutory criteria. The inmate must have been
convicted of a class 4, 5 or 6 felony not involving a dangerous offense, that
was not a sexual offense and the inmate must not have been previously convicted
of a felony. In addition, the inmate must have committed a technical violation
of parole, be eligible for work furlough and be parole eligible (A.R.S.
§ 41-1604.13).
According to the Joint Legislative Budget Committee (JLBC) fiscal note, the fiscal impact will vary considerably based on the number of inmates who are approved to participate in the proposed program. Based on a 75 percent participation assumption, the program would generate a new cost of $38 million. The costs could be offset by revenue charged to program participants and would be further offset by savings if the lower prison population results in the closure of entire prison facilities. The JLBC estimates that the total offsetting savings could be up to $148 million. The JLBC estimates that most of the cost and savings would not be incurred until at least FY 2023 (JLBC Fiscal Note).
Provisions
1. Allows an inmate who is sentenced to at least two years of prison and who has served at least one year of the sentence imposed by the court to be eligible for the home arrest program, if the inmate:
a) is not serving a sentence for, or has not previously been convicted of, whether completed or preparatory:
i. a serious offense;
ii. a violent or aggravated felony;
iii. a dangerous crime against children; or
iv. a previous conviction for an offense in another jurisdiction that if committed in Arizona would be a prohibited offense;
b) is within four years of beginning any form of release from incarceration in the Arizona Department of Corrections (ADC); and
c) does not have any violent disciplinary infractions during the inmate's current term of imprisonment.
2. Requires the BOEC to determine which inmates are released to the home arrest program based on the statutory criteria and based on a determination that there is a substantial probability that the inmate will remain at liberty without violating the law and that the release is in the best interest of the state after considering:
a) the offense for which the inmate is presently incarcerated;
b) the prior record of the inmate;
c) the conduct of the inmate while incarcerated; and
d) any other information concerning the inmate that is in the possession of ADC, including any presentence report.
3. Conditions home arrest on:
a) active electronic monitoring surveillance for a minimum term of one year or until eligible for probation or community supervision;
b) participating in gainful employment or other beneficial activities;
c) submitting to alcohol and drug tests, as applicable;
d) paying the electronic monitoring fee in an amount determined by the BOEC of not less than $1 per day and not more than the total cost of the electronic monitoring unless, after determining the inability of the inmate to pay the fee, the BOEC requires payment of a lesser amount;
e) remaining at the inmate's place of residence at all times except for movement out of the residence according to mandated conditions;
f) adhering to any other conditions imposed by the court, the BOEC or supervising corrections officers;
g) paying a monthly home arrest supervision fee of at least $65 unless, after determining the inability of the inmate to pay the fee, ADC requires payment of a lesser amount; and
h) paying a drug testing fee in an amount determined by the BOEC and not to exceed the costs of the drug testing program.
4. Requires the electronic monitoring fee to be returned to the ADC's home arrest program to offset operational costs.
5. Requires the BOEC and supervising correctional officer to determine the inmate's monitoring custody level.
6. Requires the supervising corrections officer to monitor the collection of the monthly home arrest supervision fee.
7. Requires the monthly home arrest supervision fee to be deposited in the Community Corrections Enhancement Fund.
8. Requires the drug testing fees collected by ADC to only be used to offset costs of the drug testing program.
9. Requires the BOEC on request, before holding a home arrest hearing, to notify and afford an opportunity to be heard to the presiding judge of the superior court, the prosecuting attorney and the director of the arresting law enforcement agency.
10. Requires the BOEC to notify the victim of the name of:
a) the inmate requesting home arrest;
b) the offense for which the inmate was sentenced;
c) the length of the sentence; and
d) the date of admission to the custody of ADC.
11. Requires the victim notice to inform the victim of the victim's right to be present and to submit a written report to the BOEC expressing the victim's opinion concerning the inmate's release.
12. Prohibits a home arrest hearing from being held until 15 days after the date of providing the notice to the victim.
13. Requires the BOEC, after mailing the notice to the victim, to file a hard copy of the notice as evidence that the notification was sent.
14. Deems an inmate placed on home arrest as on inmate status subject to all limitations of rights and movement and entitled only to due process rights of return.
15. Requires the BOEC, if the inmate violates a condition of home arrest or commits an additional felony offense, to revoke the home arrest and return the inmate to the custody of the ADC to complete the term of imprisonment.
16. Prohibits the ratio of supervising corrections officers to supervisees in the home arrest program from exceeding 1 officer for every 25 supervisees.
17. Becomes effective on the general effective date.
House Action
CJR 2/10/21 DPA 9-0-0-0
3rd Read 2/18/21 51-9-0
Prepared by Senate Research
March 9, 2021
JA/kja