Senate Engrossed home arrest; electronic monitoring State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SENATE BILL 1304 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)
Senate Engrossed home arrest; electronic monitoring
State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
SENATE BILL 1304
Senate Engrossed
home arrest; electronic monitoring
State of Arizona
Senate
Fifty-sixth Legislature
First Regular Session
2023
SENATE BILL 1304
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; eligibility; victim notification; conditions; fees A. An inmate 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 a violation of section 13-1503, 13-1504, 13-1505 or 13-1506, any class 4, 5 or 6 felony offense in title 13, chapter 34 or 34.1 or any felony offense in title 13, chapter 16, 18, 20, 21 or 22. 2. Is within eighteen months 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 serious offense or a violent or aggravated felony as defined in section 13-706. 4. Does not have any violent disciplinary infractions during the current term of imprisonment. 5. has not previously participated in the home arrest program pursuant to this section. 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 forty-five 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 forty-five 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 forty-five 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. An inmate's eligibility for hOME ARREST IS CONDITIONED ON THE inmate adhering to all of 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 that is determined by the board of executive CLEMENCY and that does not exceed 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 the monthly home arrest supervision fee in an amount that is determined by the board of executive clemency 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 that is determined by the board of executive clemency. 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, the board of executive clemency may 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. If an inmate is arrested for a subsequent felony offense that is committed while on home arrest PURSUANT to this section, 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. K. The ratio of supervising corrections officers to supervisees in the home arrest program may not exceed one officer for every twenty-five supervisees. END_STATUTE Sec. 2. Applicability This act applies to eligible inmates on the following dates: 1. Inmates who have six months remaining on their sentence, from and after December 31, 2023. 2. Inmates who have twelve months remaining on their sentence, from and after March 31, 2024. 3. Inmates who have eighteen months remaining on their sentence, from and after June 30, 2024. Sec. 3. Retroactivity Section 41-1604.21, Arizona Revised Statutes, as added by this act, applies retroactively to from and after December 31, 1993.
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; eligibility; victim notification; conditions; fees
A. An inmate 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 a violation of section 13-1503, 13-1504, 13-1505 or 13-1506, any class 4, 5 or 6 felony offense in title 13, chapter 34 or 34.1 or any felony offense in title 13, chapter 16, 18, 20, 21 or 22.
2. Is within eighteen months 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 serious offense or a violent or aggravated felony as defined in section 13-706.
4. Does not have any violent disciplinary infractions during the current term of imprisonment.
5. has not previously participated in the home arrest program pursuant to this section.
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 forty-five 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 forty-five 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 forty-five 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. An inmate's eligibility for hOME ARREST IS CONDITIONED ON THE inmate adhering to all of 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 that is determined by the board of executive CLEMENCY and that does not exceed 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 the monthly home arrest supervision fee in an amount that is determined by the board of executive clemency 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 that is determined by the board of executive clemency. 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, the board of executive clemency may 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. If an inmate is arrested for a subsequent felony offense that is committed while on home arrest PURSUANT to this section, 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.
K. The ratio of supervising corrections officers to supervisees in the home arrest program may not exceed one officer for every twenty-five supervisees. END_STATUTE
Sec. 2. Applicability
This act applies to eligible inmates on the following dates:
1. Inmates who have six months remaining on their sentence, from and after December 31, 2023.
2. Inmates who have twelve months remaining on their sentence, from and after March 31, 2024.
3. Inmates who have eighteen months remaining on their sentence, from and after June 30, 2024.
Sec. 3. Retroactivity
Section 41-1604.21, Arizona Revised Statutes, as added by this act, applies retroactively to from and after December 31, 1993.