SB 1304
Initials NM Page 1 Military Affairs & Public Safety
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: JUD DPA 6-0-1-0 | 3
rd
Read DPA 24-5-1-0
SB 1304: home arrest; electronic monitoring
Sponsor: Senator Kaiser, LD 2
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 Board of Executive Clemency (Board) conducts hearings for clemency actions that include
Pardon, Commutation of Sentence and Reprieve. In addition, the Board may consider various
other modifications of sentencing such as parole revocation, absolute discharge from
imprisonment and others (A.R.S. § Title 31, Chapter 3).
Provisions
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 being released 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. (Sec. 1)
2. Permits an eligible inmate to apply to the Program no later than 30 days before becoming
eligible for release under home arrest. (Sec. 1)
3. Directs the Department of Corrections, within 20 days of receiving an inmate's application, to:
a) ensure the inmate qualifies;
b) verify the inmate's residence is suitable; and
c) forward the application to the Board. (Sec. 1)
4. Instructs the Board, within 10 days of receiving an inmate's application, to:
a) notify the victim of the inmate's request for home arrest;
b) provide specified information to the victim; and
c) schedule a hearing within 15-45 days if the victim requests a hearing. (Sec. 1)
5. Stipulates, if the victim does not request a hearing within 45 days, that the inmate is to be
approved for release on home arrest. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1304
Initials NM Page 2 Military Affairs & Public Safety
6. Stipulates, if the victim does request a hearing, that the Board is to consider various factors
and decide if approving the inmate for release on home arrest is in the best interests of the
state. (Sec. 1)
7. Provides that the inmate's eligibility for home arrest is conditional on his adherence to various
monitoring, testing and supervision requirements, which costs he may be obligated to pay for
in whole or in part. (Sec. 1)
8. Asserts that an inmate who is placed on home arrest is still on inmate status and subject to
all its limitations of rights. (Sec. 1)
9. Permits the Board to revoke an inmate's home arrest if he violates a condition of his home
arrest. (Sec. 1)
10. Requires the Board to revoke an inmate's home arrest if he is arrested for a subsequent felony
offence committed while on home arrest. (Sec. 1)
11. Mandates that the ratio of supervising corrections officers to supervised inmates must not
exceed 1 officer for every 25 inmates. (Sec. 1)
12. Instructs the director of the Department of Corrections to issue a monthly report of all the
inmates who meet the Program eligibility criteria to the governor, legislature and public. (Sec.
1)
13. Outlines that the Program becomes available to inmates based on their remaining length of
sentence as follows:
a) For inmates who have 6 months of incarceration remaining, January 1, 2024;
b) For inmates who have 12 months of incarceration remaining, April 1, 2024; and
c) For inmates who have 18 months of incarceration remaining, July 1, 2024. (Sec. 2)
14. Contains a retroactivity clause of January 1, 1994. (Sec. 3)