Bill Text: AZ HB2606 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Home arrest; electronic monitoring
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2024-03-11 - Senate read second time [HB2606 Detail]
Download: Arizona-2024-HB2606-Engrossed.html
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House Engrossed
home arrest; electronic monitoring |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE BILL 2606 |
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An Act
amending section 31-418, Arizona Revised Statutes; 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. Section 31-418, Arizona Revised Statutes, is amended to read:
31-418. Community supervision fee; deposit; community corrections enhancement fund; drug testing costs
A. During the period of time that the prisoner remains on community supervision, the state department of corrections shall require as a condition of community supervision that the prisoner pay a monthly supervision fee of at least sixty-five dollars $65 unless, after determining the inability of the prisoner to pay the fee, the department requires payment of a lesser amount. The supervising community supervision officer shall monitor the collection of the fee.
B. Seventy per cent percent of the monies collected pursuant to subsection A of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the victim compensation and assistance fund established by section 41-2407 and thirty per cent percent shall be deposited in the community corrections enhancement fund established by this section.
C. The community corrections enhancement fund is established consisting of monies received pursuant to subsection B of this section, sections 31-411, 31-467.06 and 41-1604.08, and section 41-1604.13, subsection D, paragraph 8 and section 41-1604.21. The department shall administer the fund and use fund monies to pay for costs related to community corrections.
D. In addition to any other fees, the department may require as a condition of community supervision that the prisoner pay the reasonable costs associated with the prisoner's participation in a drug testing program. The prisoner's costs shall not exceed the department's cost for the program. The monies collected pursuant to this subsection by the department may only be used to offset the costs of the drug testing program.
Sec. 2. Title 41, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 41-1604.21, to read:
41-1604.21. Home arrest; eligibility; victim notification; conditions; fees; revocation; supervising ratios
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.
6. Does not have any felony detainers.
B. The department shall notify an inmate who meets the eligibility criteria for the home arrest program pursuant to subsection A of this section and provide the inmate an application to participate in the home arrest program not later than one hundred twenty days before the date the inmate becomes eligible to transition to the home arrest program.
C. Within thirty days after receiving an application to participate in the home arrest program, the department 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 send victim notification pursuant to subsection D of this section.
D. An inmate may be released to the home arrest program pursuant to this section only after the victim has been provided notice and an opportunity to be heard. The department shall provide notice to a victim who has provided a current address or other contact information within ten days after the date of eligibility. The notice shall inform the victim of the opportunity to be heard on the determination of the inmate's home arrest release. Any objection to the inmate's home arrest release must be made within twenty days after the department has mailed the notice to the victim.
E. If an inmate is eligible for the home arrest program and the department does not receive a hearing request from the victim of the offense for which the inmate is incarcerated within thirty days after giving notice, the director or the director's designee shall approve the application.
F. The department shall do all of the following:
1. 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.
2. Conduct an annual study to determine the recidivism rate of inmates who were placed in the home arrest program.
3. On or before july 31 of each year, submit a written report to the governor, the PRESIDENT of the senate and the speaker of the house of REPRESENTATIVES and provide a copy of this report to the secretary of state. The report shall contain all of the following information:
(a) The recidivism rate of inmates who were placed in home arrest pursuant to this section.
(b) The number of inmates who were eligible for placement in home arrest pursuant to this section.
(c) The number of eligible inmates who applied for the home arrest program.
(d) The number of inmates who were granted placement in the home arrest program.
(e) The number of eligible inmates who declined to apply for the home arrest program.
(f) The number of inmates who violated the terms of the home arrest program.
(g) The number of inmates who were returned to custody before completing the home ARREST program.
(h) The number of inmates who SUCCESSFULLY completed the home arrest program.
(i) The minimum, maximum, mean and median duration that inmates are in the home arrest program.
G. An inmate who participates in the home arrest program pursuant to this section shall be monitored by the department through active electronic monitoring surveillance, which may incorporate wearable technology using mobile biometric authentication, for a minimum of one year or until the inmate becomes eligible for probation or community supervision.
H. The department shall establish conditions for home arrest the department deems appropriate to ensure the best interests of the inmate and the citizens of this state. As a condition of home arrest, the director:
1. May order an inmate on home arrest to participate in an ALCOHOL or drug treatment, TESTING or education program that is administered by a qualified agency, organization or INDIVIDUAL approved by the department of health services and that provides treatment or education to INDIVIDUALS who abuse controlled substances. Each INDIVIDUAL who is enrolled in a drug treatment or education program shall pay the cost of participating in the program to the extent of the INDIVIDUAL'S financial ability.
2. May order additional conditions, including participation in a rehabilitation program or COUNSELING and performance of community restitution.
3. May order an inmate to apply for health care benefits through the arizona health care cost containment system before being released. The department shall enter into an enrollment agreement with the arizona health care cost containment system to reinstate benefits for inmates who were sentenced to a term of imprisonment of TWELVE months or less and who were previously enrolled in the arizona health care cost containment SYSTEM immediately before incarceration. For all other INMATES, the department shall SUBMIT a prerelease application to the arizona health care cost CONTAINMENT system at least thirty days before the inmate's release date. The department may COORDINATE with community-based organizations or the department of health services to assist inmates in applying for enrollment in the arizona health care cost containment SYSTEM.
4. Shall order that an inmate seek out and participate in gainful employment.
5. Shall oder that an inmate remain at the inmate's place of residence at all times, except for movement out of the residence according to mandated conditions set by the department.
6. May order that an inmate pay the MONTHLY home arrest supervision fee in an amount that is determined by the director, 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.
I. AN INMATE WHO IS PLACED ON HOME ARREST IS ON INMATE STATUS and IS SUBJECT TO ALL THE LIMITS OF RIGHTS AND MOVEMENT. If an inmate violates a condition of home arrest, the director 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 director 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 one hundred supervisees.
Sec. 3. Applicability
This act applies to eligible inmates on the following dates:
1. Inmates who have less than six months remaining on their sentences, from and after December 31, 2024.
2. Inmates who have less than twelve months remaining on their sentences, from and after March 31, 2025.
3. Inmates who have less than eighteen months remaining on their sentences, from and after June 30, 2025.
