Bill Text: AZ HB2599 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced
Bill Title: Jail; home confinement electronic monitoring
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-02 - House read second time [HB2599 Detail]
Download: Arizona-2021-HB2599-Introduced.html
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REFERENCE TITLE: jail; home confinement electronic monitoring |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2599 |
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Introduced by Representative Blackman
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AN ACT
amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11‑251.20; relating to the board of supervisors.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-251.20, to read:
11-251.20. Home confinement electronic monitoring program; jail alternative; requirements; definitions
A. Notwithstanding any other law, a county, by majority vote of the board of supervisors, may establish a home confinement electronic monitoring program that allows a prisoner to serve a portion of the jail term under the monitoring conditions set by the court and that provides a prisoner with an ability to maintain employment while serving a sentence that includes a jail term. Except as provided in subsection H of this section, all time spent participating in a program is considered time spent in jail.
B. a prisoner is not eligible to participate in a home confinement electronic monitoring program unless specifically authorized by the court. A prisoner's eligibility may be limited by an agreement included in a plea agreement.
C. A court may authorize a prisoner to be placed in a home confinement electronic monitoring program at the time of sentencing or anytime before the prisoner completes the jail term if, using an evidence‑based risk assessment tool, the court finds that the prisoner:
1. Does not present a flight risk.
2. Is currently employed.
3. Does not present a risk to anyone in the community.
4. Has not previously been removed from the program pursuant to subsection H of this section.
d. A court may set reasonable terms and conditions on a prisoner's participation in the home confinement electronic monitoring program, including imposing a minimum term of incarceration in jail that the prisoner must serve before the prisoner is eligible to participate in the program. After a prisoner is released from confinement to participate in the program, the court may not require the prisoner's return to the custody of the county jail for the period of the sentence unless the court determines pursuant to subsection H of this section that the prisoner violated a program requirement.
e. A victim has the right to be heard before a court authorizes a prisoner to participate in a home confinement electronic monitoring program.
F. A prisoner who participates in a home confinement electronic monitoring program shall be on global position system monitoring. The prisoner must be at the prisoner's residence, work or another court‑approved location at all times while participating in the program. The court may order that the prisoner participate in a continuous alcohol or drug monitoring program, or both, while in the program. The court may impose additional requirements, including participating in treatment programs while the prisoner is in the program.
G. A home confinement electronic monitoring program may be monitored by the adult probation department or by one or more private providers that contract with the county to perform monitoring services. A home confinement electronic monitoring program must specify how a violation of any of the program's terms and conditions as set by the court will be reported to the court.
H. When notified of a program violation, a court must set a hearing to determine whether a violation occurred. The Arizona rules of criminal procedure that govern probation violations apply to any hearing. If the court determines that the prisoner violated a term or condition of the program, the court may allow the prisoner to continue in the program, may impose additional terms and conditions on any continued participation in the program or may remove the prisoner from the program and require the prisoner to serve the remaining sentence in jail. The court must set the hearing within ten days after receiving a violation notice, not including weekends and holidays. If the court finds a violation occurred, the time between the date of the violation and the court's decision is not included as time spent in jail. If the court removes a prisoner from the program and returns the prisoner to the custody of the county jail, the prisoner is no longer eligible to participate in the program and must serve the remaining sentence in jail.
I. The prisoner shall pay the Cost of global position system monitoring and any continuous alcohol or drug testing, or both, based on the rates established in the program. Whether the program is administered by the probation department or a private provider, the daily cost of any device and monitoring service must be clearly described in the program description and in any contracts with providers.
J. The failure of a prisoner to pay program costs constitutes a violation of the terms and conditions of the program and must be addressed as provided in subsection H of this section. If the court finds the prisoner has wilfully refused to pay the costs, the court must remove the prisoner from the program and return the prisoner to the custody of the county jail for the remaining term.
K. At the time a court authorizes a prisoner to participate in a program, the court may order a monthly fee of not more than $50. The county must use the fee to offset the administrative costs of the program.
L. For the purposes of this section:
1. "Court" means a superior court commissioner or superior court judge.
2. "Jail" means any county facility where a person who is convicted of and sentenced for an offense is detained.
3. "Prisoner" means a person who is convicted of an offense and who is sentenced to incarceration in the county jail for the offense or as a term of probation pursuant to section 13-901.
4. "Program" means a home confinement electronic monitoring program established pursuant to this section.
