REFERENCE TITLE: home arrest; electronic monitoring State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1304 Introduced by Senator Kaiser An Act amending title 41, chapter 11, article 1, Arizona Revised Statutes, by adding section 41-1604.21; relating to the state department of corrections. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: home arrest; electronic monitoring
State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
SB 1304
Introduced by Senator Kaiser
REFERENCE TITLE: home arrest; electronic monitoring
State of Arizona
Senate
Fifty-sixth Legislature
First Regular Session
2023
SB 1304
Introduced by
Senator Kaiser
An Act
amending title 41, chapter 11, article 1, Arizona Revised Statutes, by adding section 41-1604.21; relating to the state department of corrections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Title 41, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 41-1604.21, to read: START_STATUTE41-1604.21. Home arrest for persons convicted after the effective date of this section; eligibility; victim notification; conditions; fees; definition A. An inmate who is sentenced to at least two years of imprisonment and who has served at least one year of the sentence imposed by the court is eligible for the home arrest program if the inmate meets the following criteria: 1. Was convicted of committing a felony that was not a serious offense. 2. Is within four years of beginning any form of release from incarceration. 3. Has not previously been convicted of a dangerous crime against children as defined in section 13-705 or a sexual offense. 4. Does not have any violent disciplinary infractions during the current term of imprisonment. B. The director shall report monthly all the inmates who meet the criteria prescribed in subsection A of this section. The report shall be readily available to the governor, the legislature and the public. C. An inmate who meets the criteria prescribed in subsection A of this section may apply to participate in the home arrest program not later than thirty days before becoming eligible for release on home arrest. D. Within twenty days after receiving an application for home arrest, the director shall evaluate the application and shall ensure that all eligibility requirements are met, verify that the residence submitted by the inmate is suitable for the inmate to reside in and forward the verified application to the board of executive clemency. E. Within ten days after receiving the verified application, the board of executive clemency shall notify the victim of the offense for which the inmate is incarcerated. The notice shall state the name of the inmate requesting home arrest, the offense for which the inmate was sentenced, the length of the sentence and the date of admission to the custody of the department. The notice to the victim shall also inform the victim of the victim's right to request a hearing, to be present at the hearing and to submit a written report to the board of executive clemency expressing the victim's opinion concerning the inmate's release on home arrest. A hearing concerning home arrest may not be held until fifteen days but not later than thirty days after the date of giving the notice. On mailing the notice, the board of executive CLEMENCY shall file a hard copy of the notice as evidence that notification was sent. F. If the board of executive clemency does not receive a hearing request from the victim of the offense for which the inmate is incarcerated within thirty days after the date of giving the notice, the board of executive clemency shall approve the release on home arrest. If the board of executive clemency does receive a hearing request from the victim of the offense for which the inmate is incarcerated within thirty days after the date of giving the notice, the board of executive clemency shall determine if it is in the best interest of the state to place the inmate on home arrest after considering the victim's testimony, the conduct of the inmate while incarcerated and the likelihood that there is a substantial probability that the inmate will remain at liberty without violating the law. G. HOME ARREST IS CONDITIONED ON THE FOLLOWING: 1. ACTIVE ELECTRONIC MONITORING SURVEILLANCE FOR A MINIMUM TERM OF ONE YEAR OR UNTIL ELIGIBLE FOR PROBATION OR COMMUNITY SUPERVISION. 2. Participating in gainful employment or actively seeking gainful employment. 3. Submitting to alcohol and drug tests as mandated. 4. Paying the electronic monitoring fee in an amount determined by the board of executive CLEMENCY of not less than one dollar 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 board of executive CLEMENCY requires payment of a lesser amount. The fees collected shall be returned to the department's home arrest program to offset operational costs of the program. 5. Remaining at the inmate's place of residence at all times except for movement out of the residence according to mandated conditions. The board of executive clemency and supervising corrections officer shall determine the inmate's monitoring custody level. 6. Adhering to any other conditions imposed by the court, the board of executive clemency or any supervising corrections officers. 7. Complying with all other conditions of supervision. 8. Paying monthly home arrest supervision fee of at least $65 unless, after determining the inability of the inmate to pay the fee, the department requires payment of a lesser amount. The supervising corrections officer shall monitor the collection of the fee. Monies collected shall be deposited, pursuant to sections 35-146 and 35-147, in the community corrections enhancement fund established by section 31-418. 9. Paying a drug testing fee in an amount to be determined by the board of executive clemency and not to exceed the costs of the drug testing program. The fees collected pursuant to this paragraph by the department may only be used to offset the costs of the drug testing program. H. An inmate who is placed on home arrest is on inmate status, is subject to all the limitations of rights and movement and is entitled only to due process rights of return. I. If an inmate violates a condition of home arrest or commits an additional felony offense, the board of executive clemency shall revoke the home arrest and return the inmate to the custody of the department to complete the term of imprisonment as authorized by law. J. The ratio of supervising corrections officers to supervisees in the home arrest program may not exceed one officer for every twenty-five supervisees. K. for the purposes of this section, "serious offense" includes any of the following: 1. A serious offense as defined in section 13-706, subsection f, paragraph 1, subdivision (a), (b), (c), (d), (e), (g), (h), (i), (j) or (k). 2. A dangerous crime against children as defined in section 13-705. The citation of section 13-705 is not a necessary element for a serious offense designation. 3. A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13-705, subsection T, paragraph 1 or section 13-706, subsection f, paragraph 1. END_STATUTE Sec. 2. Requirements for enactment; two-thirds vote Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 41-1604.21, to read:
START_STATUTE41-1604.21. Home arrest for persons convicted after the effective date of this section; eligibility; victim notification; conditions; fees; definition
A. An inmate who is sentenced to at least two years of imprisonment and who has served at least one year of the sentence imposed by the court is eligible for the home arrest program if the inmate meets the following criteria:
1. Was convicted of committing a felony that was not a serious offense.
2. Is within four years of beginning any form of release from incarceration.
3. Has not previously been convicted of a dangerous crime against children as defined in section 13-705 or a sexual offense.
4. Does not have any violent disciplinary infractions during the current term of imprisonment.
B. The director shall report monthly all the inmates who meet the criteria prescribed in subsection A of this section. The report shall be readily available to the governor, the legislature and the public.
C. An inmate who meets the criteria prescribed in subsection A of this section may apply to participate in the home arrest program not later than thirty days before becoming eligible for release on home arrest.
D. Within twenty days after receiving an application for home arrest, the director shall evaluate the application and shall ensure that all eligibility requirements are met, verify that the residence submitted by the inmate is suitable for the inmate to reside in and forward the verified application to the board of executive clemency.
E. Within ten days after receiving the verified application, the board of executive clemency shall notify the victim of the offense for which the inmate is incarcerated. The notice shall state the name of the inmate requesting home arrest, the offense for which the inmate was sentenced, the length of the sentence and the date of admission to the custody of the department. The notice to the victim shall also inform the victim of the victim's right to request a hearing, to be present at the hearing and to submit a written report to the board of executive clemency expressing the victim's opinion concerning the inmate's release on home arrest. A hearing concerning home arrest may not be held until fifteen days but not later than thirty days after the date of giving the notice. On mailing the notice, the board of executive CLEMENCY shall file a hard copy of the notice as evidence that notification was sent.
F. If the board of executive clemency does not receive a hearing request from the victim of the offense for which the inmate is incarcerated within thirty days after the date of giving the notice, the board of executive clemency shall approve the release on home arrest. If the board of executive clemency does receive a hearing request from the victim of the offense for which the inmate is incarcerated within thirty days after the date of giving the notice, the board of executive clemency shall determine if it is in the best interest of the state to place the inmate on home arrest after considering the victim's testimony, the conduct of the inmate while incarcerated and the likelihood that there is a substantial probability that the inmate will remain at liberty without violating the law.
G. HOME ARREST IS CONDITIONED ON THE FOLLOWING:
1. ACTIVE ELECTRONIC MONITORING SURVEILLANCE FOR A MINIMUM TERM OF ONE YEAR OR UNTIL ELIGIBLE FOR PROBATION OR COMMUNITY SUPERVISION.
2. Participating in gainful employment or actively seeking gainful employment.
3. Submitting to alcohol and drug tests as mandated.
4. Paying the electronic monitoring fee in an amount determined by the board of executive CLEMENCY of not less than one dollar 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 board of executive CLEMENCY requires payment of a lesser amount. The fees collected shall be returned to the department's home arrest program to offset operational costs of the program.
5. Remaining at the inmate's place of residence at all times except for movement out of the residence according to mandated conditions. The board of executive clemency and supervising corrections officer shall determine the inmate's monitoring custody level.
6. Adhering to any other conditions imposed by the court, the board of executive clemency or any supervising corrections officers.
7. Complying with all other conditions of supervision.
8. Paying monthly home arrest supervision fee of at least $65 unless, after determining the inability of the inmate to pay the fee, the department requires payment of a lesser amount. The supervising corrections officer shall monitor the collection of the fee. Monies collected shall be deposited, pursuant to sections 35-146 and 35-147, in the community corrections enhancement fund established by section 31-418.
9. Paying a drug testing fee in an amount to be determined by the board of executive clemency and not to exceed the costs of the drug testing program. The fees collected pursuant to this paragraph by the department may only be used to offset the costs of the drug testing program.
H. An inmate who is placed on home arrest is on inmate status, is subject to all the limitations of rights and movement and is entitled only to due process rights of return.
I. If an inmate violates a condition of home arrest or commits an additional felony offense, the board of executive clemency shall revoke the home arrest and return the inmate to the custody of the department to complete the term of imprisonment as authorized by law.
J. The ratio of supervising corrections officers to supervisees in the home arrest program may not exceed one officer for every twenty-five supervisees.
K. for the purposes of this section, "serious offense" includes any of the following:
1. A serious offense as defined in section 13-706, subsection f, paragraph 1, subdivision (a), (b), (c), (d), (e), (g), (h), (i), (j) or (k).
2. A dangerous crime against children as defined in section 13-705. The citation of section 13-705 is not a necessary element for a serious offense designation.
3. A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13-705, subsection T, paragraph 1 or section 13-706, subsection f, paragraph 1. END_STATUTE
Sec. 2. Requirements for enactment; two-thirds vote
Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.