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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: ED DP 5-2-0-0 | APPROP DP 6-2-2-0 | 3rd Read 18-11-1-0 |
SB 1233: school safety; proposals; assessments; plans.
S/E: home confinement; electronic monitoring
Sponsor: Senator Payne, LD 27
Committee on Public Safety & Law Enforcement
Summary of Strike-Everything Amendment to SB 1233
Overview
Creates the Home Confinement Program (Program) under the Department of Corrections (DOC) as of April 1, 2026, for inmates as outlined.
History
DOC provides, at the state level, staff and administrative functions for all matters relating to the institutionalization, rehabilitation and community supervision functions of all adult offenders. The DOC Director may establish divisions and units within DOC as they deem necessary and must appoint an individual to supervise each division or unit (A.R.S. §§ 14-1602 and 14-1611).
Provisions
1. Stipulates that an inmate who has served at least one year of the sentence imposed by the court is eligible for the Program if the inmate meets the following criteria:
a) was convicted of a violation of specified laws;
b) is within 18 months of beginning any form of release from incarceration;
c) has not been previously convicted of a statutorily defined dangerous crime against children or serious offense or a violent or 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 warrants or detainers. (Sec. 2)
2. Details the Program's eligible violations of laws relating to:
a) criminal trespass in the first and second degree;
b) possession of burglary tools;
c) burglary in the third degree;
d) computer tampering;
e) tampering with physical evidence:
f) unlawful discharge of firearms;
g) any class 4, 5 or 6 felony drug or imitation substance offense; or
h) any criminal damage to property, theft, forgery, credit card fraud or business and commercial fraud offenses. (Sec. 2)
3. Requires DOC to establish and adopt a departmental order outlining the Program and its governance. (Sec. 2)
4. Directs the DOC order to include:
a) a method for alerting the inmate population about the Program and its eligibility information as outlined;
b) an application process:
c) criteria for acceptance;
d) conditions for acceptance that may include further requirements related to housing, employment, health care, prohibitions, data tracking and other information. (Sec. 2)
5. Instructs DOC to ensure all eligible applicants have equitable access to meet Program requirements and provide assistance to applicants in completing the Program's requirements. (Sec. 2)
6. Orders DOC to evaluate the criteria for approval within 90 calendar days after receiving a Program application and send a victim a notification if all criteria are met. (Sec. 2)
7. Details that application approval is subject to the input of the victim of the offense for which the inmate was incarcerated. (Sec. 6)
8. Requires the DOC order to:
a) require DOC to contact any applicable victims within 10 days after a completed application has been submitted;
b) establish a mechanism for victims to provide feedback about an applicant;
c) require the DOC Director or their designee to review a victim's feedback within 20 calendar days after receiving feedback; and
d) require victim feedback to be included in the applicant's home confinement application. (Sec. 2)
9. Allows DOC to enter into a contract to evaluate the Program after 12 months of its conception to determine the success of the Program, including the total number of:
a) eligible inmates;
b) active participants; and
c) inmates that were returned to custody before program completion. (Sec. 2)
10. Outlines that an inmate who participates in the Program must be monitored by DOC through electronic monitoring surveillance, which may incorporate wearable technology that uses mobile biometric authentication for a minimum of one year or until the inmate becomes eligible for probation or community supervision. (Sec. 2)
11. Permits DOC to have an inmate pay the monthly home confinement supervision fee as outlined. (Sec. 2)
12. States that monies collected must be deposited into the Community Corrections Enhancement Fund. (Sec. 2)
13. Requires an inmate who is placed on home confinement to remain on inmate status and to be subject to all the limits of rights and movement. (Sec. 2)
14. Authorizes the DOC Director to revoke the home confinement and return the inmate to DOC custody to complete their imprisonment term as authorized by law. (Sec. 2)
15. Directs the DOC Director to revoke the home confinement and return the inmate to DOC custody to complete their imprisonment term if an inmate is arrested for a subsequent felony offense that is committed while on home confinement. (Sec. 2)
16. Stipulates that the ratio of supervising corrections officers to supervisees in the Program may not exceed one officer for every one hundred supervisees. (Sec. 2)
17. Becomes effective on April 1, 2026. (Sec. 3)
18. Makes technical changes. (Sec. 1)
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22. SB 1233
23. Initials MT Page 0 Public Safety & Law Enforcement
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