Assigned to JUD AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1304
home arrest; electronic monitoring
Purpose
Allows eligible inmates sentenced to imprisonment in the Arizona Department of
Corrections, Rehabilitation and Reentry (ADCRR) to apply for the home arrest program
(Program).
Background
Serious offenses include: 1) first degree murder; 2) second degree murder; 3) manslaughter;
4) aggravated assault resulting in serious physical injury or involving a deadly weapon or
dangerous instrument; 5) sexual assault; 6) any dangerous crime against children (DCAC); 7) arson
of an occupied structure; 8) armed robbery; 9) first degree burglary; 10) kidnapping; 11) sexual
conduct with a minor under 15 years old; and 12) child sex trafficking (A.R.S. § 13-706). DCACs
include any of the following offenses committed against a minor under 15 years old: 1) second
degree murder; 2) attempted first degree murder; 3) aggravated assault resulting in serious physical
injury or involving a deadly weapon or dangerous instrument; 4) involving or using minors in drug
offenses; 5) manufacturing methamphetamine under circumstances that cause physical injury to a
minor; and 6) several sexual offenses (A.R.S. § 13-705).
If eligible inmates are allowed to participate in home arrest and subsequently pay newly
established fees associated with home arrest, there may be a positive impact to the state General
Fund.
Provisions
1. Establishes the Program and states that inmates are eligible for the Program if the inmate:
a) was sentenced to at least two years imprisonment and has served at least one year of the
sentence;
b) was not convicted of a felony that was a serious offense;
c) is within four years of beginning any form of release from incarceration;
d) has not previously been convicted of a DCAC or a sexual offense;
e) does not have any violent disciplinary infractions during the current term of imprisonment.
2. Requires the Director of ADCRR (Director) to report all the inmates who meet the prescribed
criteria on a monthly basis, which must be readily available to the Governor, the Legislature
and the public.
3. Allows an inmate who meets prescribed criteria to apply for participation in the Program not
later than 30 days before becoming eligible for release on home arrest. FACT SHEET – Amended
S.B. 1304
Page 2
4. Requires the Director, within 20 days after receiving an application for home arrest, to evaluate
the application and 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 (Board).
5. Requires the Board, within 10 days after receiving a verified application, to notify the victim
of the offense for which the inmate was incarcerated.
6. Requires the notice to 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 ADCRR.
7. Requires the notice to inform the victim of their right to request a hearing, to be present at the
hearing and to submit a written report to the Board expressing the victim's opinion concerning
the inmate's release on home arrest.
8. Prohibits a hearing on home arrest from being held until 15 days, but not later than 30 days,
after the date of giving the notice.
9. Requires the Board, on mailing the notice, to file a hard copy of the notice as evidence that
notification was sent.
10. Requires the Board to approve the release on home arrest if the Board does not receive a
hearing request from the victim within 30 days after the dare of giving the notice.
11. Requires the Board, if it does receive a timely hearing request from the victim, to determine:
a) if it is in the best interest of the state to place the inmate on home arrest after considering
the victim's testimony;
b) the conduct of the inmate while incarcerated; and
c) the likelihood that there is a substantial probability that the inmate will remain at liberty
without violating the law.
12. Conditions participation in home arrest on the following:
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 actively seeking gainful employment;
c) submitting to alcohol and drug tests as mandated;
d) paying the electronic monitoring fee, in an amount determined by the Board, not exceeding
the total cost of the electronic monitoring;
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 Board or any supervising
corrections officers;
g) complying with all other conditions of supervision;
h) paying a monthly home arrest fee in an amount determined by the Board; and
i) paying a drug testing fee in an amount to be determined by the Board.
13. Requires the Board and supervising corrections officer to determine the inmate's monitoring
custody level. FACT SHEET – Amended
S.B. 1304
Page 3
14. Stipulates that, if the Board determines that the inmate is unable to pay the electronic
monitoring fee or the monthly home arrest fee, the Board can require a payment of a lesser
amount.
15. Requires the fees collected from electronic monitoring and drug testing to be returned to
ADCRR's Program to offset operational costs of the Program.
16. Requires the home arrest supervision fees to be deposited into the Community Corrections
Enhancement Fund and requires the supervising corrections officer to monitor the collection
of the fee.
17. Stipulates that an inmate 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.
18. Requires the Board, if an inmate violates a condition of home arrest or commits an additional
felony offense, to revoke home arrest and return the inmate to custody of ADCRR to complete
the term of imprisonment.
19. Requires the ratio of supervising officers to supervisees in the Program to not exceed 1 officer
for every 25 supervisees.
20. Defines a serious offense as:
a) all offenses listed under the statutory definition of a serious offense, except for any DCACs
and child sex trafficking;
b) a DCAC, specifying that a citation of DCAC is not a necessary element for a serious
offense designation; and
c) a conviction under a prior criminal code for any offense that possesses reasonably
equivalent offense elements as the offense elements that are listed under statute defining
DCACs and serious offenses.
21. Becomes effective on signature of the Governor.
Amendments Adopted by Committee
1. Requires all fees associated with the home arrest program to be set by the Board, rather than
prescribed in statute.
2. Removes the Proposition 108 clause.
Senate Action
JUD 2/16/23 DPA 6-0-1
Prepared by Senate Research
February 17, 2023
ZD/sr