Assigned to JUD AS PASSED BY COW
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. Violent or aggravated
felonies include: 1) first degree murder; 2) second degree murder; 3) aggravated assault resulting
in serious physical injury or involving a deadly weapon or dangerous instrument; 4) dangerous or
deadly assault by a prisoner; 5) committing assault with intent to incite to riot or participate in riot;
6) drive by shooting; 7) discharging a firearm at a residential structure if the structure is occupied;
8) kidnapping; 9) sexual conduct with a minor that is a class 2 felony; 10) sexual assault;
11) molestation of a child; 12) continuous sexual abuse of a child; 13) violent sexual assault;
14) burglary in the first degree committed in a residential structure if the structure is occupied;
15) arson of an occupied structure; 16) arson of an occupied jail or prison facility; 17) armed
robbery; 18) participating in or assisting a criminal syndicate or leading or participating in a
criminal street gang; 19) terrorism; 20) taking a child for the purpose of prostitution; 21) child sex
trafficking; 22) commercial sexual exploitation of a child; 23) sexual exploitation of a minor; and
24) unlawful introduction of disease or parasite as specified (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) has served at least one year of the sentence imposed; FACT SHEET – Amended
S.B. 1304
Page 2
b) was convicted of specified trespassing and burglary offenses, class 4, 5 or 6 felony drug
offenses, or any felony involving damage to property, theft, forgery, credit card fraud, or
business and commercial fraud;
c) is within 18 months of beginning any form of release from incarceration;
d) has not previously been convicted of a DCAC, serious offense or a violent or aggravated
felony;
e) does not have any violent disciplinary infractions during the current term of imprisonment;
and
f) has not previously participated in the home arrest program.
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.
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 45 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 45 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. FACT SHEET – Amended
S.B. 1304
Page 3
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.
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. Allows the Board to revoke home arrest and return the inmate to custody of ADCRR to
complete the term of imprisonment if an inmate violates a condition of home arrest.
19. Requires the Board to revoke home arrest and return the inmate to custody of ADCRR to
complete the term of imprisonment if an inmate commits an additional felony offense.
20. Requires the ratio of supervising officers to supervisees in the Program to not exceed 1 officer
for every 25 supervisees.
21. States that this legislation applies to eligible inmates on the following dates:
a) for inmates with 6 months remaining on their sentence, January 1, 2024;
b) for inmates with 12 months remaining on their sentence, April 1, 2024; and
c) for inmates with 18 months remaining on their sentence, July 1, 2024.
22. Becomes effective on the general effective date, retroactive to January 1, 1994. FACT SHEET – Amended
S.B. 1304
Page 4
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.
Amendments Adopted by Committee of the Whole
1. Narrows the scope of who is eligible for the home arrest program from persons convicted of
any non-serious felony offense to just persons convicted of:
a) certain trespassing and burglary offenses;
b) class 4, 5 or 6 felony drug offenses; or
c) any felony involving criminal damage to property, theft, forgery, credit card fraud or
business and commercial fraud.
2. Requires an inmate to be within 18 months, rather than 4 years, of beginning any form of
release before being considered eligible for home arrest.
3. Removes the requirement that an inmate be sentenced to at least two years in prison in order
to be eligible for home arrest.
4. Requires an inmate to have not previously participated in home arrest in order to be eligible.
5. Prohibits an inmate from being eligible for home arrest if the inmate has previously been
convicted of a serious offense or a violent or aggravated felony.
6. Increases, from 30 days to 45 days, the amount of time that a victim has to request a hearing
on an inmate's release to home arrest after the Board of Executive Clemency (Board) receives
a home arrest application.
7. Allows, rather than requires, the Board to revoke home arrest if an inmate violates a condition
of home arrest.
8. Applies the provisions of this legislation retroactively to January 1, 1994.
9. States that this legislation applies to eligible inmates on the following dates:
a) for inmates with 6 months remaining on their sentence, January 1, 2024;
b) for inmates with 12 months remaining on their sentence, April 1, 2024; and
c) for inmates with 18 months remaining on their sentence, July 1, 2024.
10. Makes technical changes.
Senate Action
JUD 2/16/23 DPA 6-0-1
Prepared by Senate Research
March 27, 2023
ZD/sr