ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 


HB 2606: home arrest; electronic monitoring

Sponsor: Representative Payne, LD 27

Committee on Military Affairs & Public Safety

Overview

Creates the Home Arrest Program (Program) to permit qualifying prison inmates to serve up to 18 months of their sentence under home arrest instead of under imprisonment.

History

The Department of Corrections (DOC) is responsible for the custody, control, correction, treatment and rehabilitation of all adult offenders committed to the state; it administers and oversees the various institutions, facilities and programs that are part of the correctional program of Arizona. In addition, DOC administers all community supervision services, including those for adult offenders who are released from incarceration. DOC is to provide the supervisory staff and administrative functions at the state level for all matters relating to said responsibilities (A.R.S. §§ 41-1602; 41-1604).

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteProvisions

1.   Makes eligible to the Program an inmate, who has served at least one year of his sentence and:

a)   was convicted of:

i) specified trespassing and burglary offenses;

ii)   class 4, 5 or 6 felony drug offenses; or

iii)  any felony involving damage to property, theft, business and commercial fraud, forgery or credit card fraud;

b)   is within 18 months of beginning any form of release from incarceration;

c) has not been convicted of a dangerous crime against children, a serious offence, a violent felony or an aggravated felony;

d)   does not have any violent disciplinary infractions during the current term of imprisonment;

e)   has not previously participated in the Program; and

f) does not have any felony detainers. (Sec. 2)

2.   Directs DOC to notify eligible inmates of the Program no later than 120 days before their eligibility. (Sec. 2)

3.   Instructs DOC, within 30 days of receiving an application, to:

a)   ensure the inmate qualifies;

b)   verify suitability of the residence the inmate proposes to reside in; and

c) send victim notification. (Sec. 2)

4.   Prohibits an inmate from being released into the Program unless the victim has been notified and given an opportunity to be heard. (Sec. 2)

5.   Requires inmates who participate in the Program to be monitored by DOC through electronic monitoring for a minimum of one year, or until they become available for probation or community supervision. (Sec. 2)

6.   Provides that an inmate's eligibility for home arrest is conditional on his adherence to various monitoring, testing, employment, supervision and program participation requirements, which costs he may be obligated to pay for in whole or in part. (Sec. 2)

7.   Asserts that an inmate who is placed on home arrest is still on inmate status and subject to all its limitations of rights. (Sec. 2)

8.   Permits the Director of DOC to revoke an inmate's home arrest if he violates a condition of his home arrest. (Sec. 2)

9.   Requires the Director of DOC to revoke an inmate's home arrest if he is arrested for a subsequent felony offence committed while on home arrest. (Sec. 2)

10.  Mandates that the ratio of supervising corrections officers to supervised inmates must not exceed 1 officer for every 100 inmates. (Sec. 2)

11.  Establishes various reporting requirements and directs specified information to be provided to the public and designated members of the legislative and executive branches. (Sec. 2)

12.  Outlines that the Program becomes available to inmates based on their remaining length of sentence as follows:

a)   for inmates with less than 6 months of incarceration remaining, January 1, 2025;

b)   for inmates with less than 12 months of incarceration remaining, April 1, 2025; and

c) for inmates with less than 18 months of incarceration remaining, July 1, 2025. (Sec. 3)

13.  Makes technical and conforming changes. (Sec. 1)

 

 

 

 

 

 

 

 

 

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                        HB 2606

Initials NM    Page 0 Military Affairs & Public Safety

 

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