HB2211 - 531R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 6, Arizona Revised Statutes, is amended by adding section 13-611, to read:

START_STATUTE13-611. Continuous sobriety and drug monitoring program; requirements; prisoners; stay of sanctions; arrest

A. The continuous sobriety and drug monitoring program is the preferred pretrial release and monitoring program for offenders who are charged with or convicted of either a second or subsequent offense involving driving under the influence pursuant to title 28, chapter 4 or any crime in which the abuse of alcohol or drugs was a contributing factor in the commission of the crime.

B. Unless the court conducts an individualized assessment that finds that the offender does not pose a significant risk to the public health, welfare and safety, the court:

1. Shall condition any pretrial release, sentence, suspended execution of sentence or probation for an offender who is charged with or convicted of a second or subsequent offense involving driving under the influence pursuant to title 28, chapter 4 on the participation in and compliance with a continuous sobriety and drug monitoring program and payment of the required fees.

2. May condition any pretrial release, sentence, suspended execution of sentence or probation for an offender who is charged with or convicted of any crime in which the abuse of alcohol or drugs was a contributing factor in the commission of the crime on the participation in and compliance with a continuous sobriety and drug monitoring program and payment of the required fees.

C. The board of executive clemency and the state department of corrections may require a prisoner's participation in a continuous sobriety and drug monitoring program as a condition of community supervision, parole or other authorized release if the prisoner was convicted of either a second or subsequent offense involving driving under the influence pursuant to title 28, chapter 4 or any crime in which the abuse of alcohol or drugs was a contributing factor in the commission of the crime.

D. Any entity that uses a continuous sobriety and drug monitoring program may stay any sanctions imposed against an offender while the offender complies with the requirements of the continuous program.

E. Unless otherwise prohibited, a person who is convicted of a second or subsequent offense involving driving under the influence pursuant to title 28, chapter 4 and who is required to participate in a continuous sobriety and drug monitoring program may apply for and receive a special ignition interlock restricted driver license pursuant to title 28, chapter 4, article 3.1. If the person fails to comply with the requirements of the program, the court may notify the department of transportation of the person's noncompliance and direct the department to revoke the person's special ignition interlock restricted driver license.

F. If a person fails to submit to or pass a test under a continuous sobriety and drug monitoring program, a peace officer, probation officer, community supervision officer or parole officer shall complete a written statement establishing that the person, in the officer's judgment, violated a condition of release or a condition of the program by failing to submit to or pass a test. A peace officer shall immediately arrest the person without a warrant after completing or receiving the written statement. After being taken into custody, the person shall appear before a court or, if the person is on community supervision or parole, the board of executive clemency within a reasonable time. The person may not be released before making a personal appearance before a court or the board of executive clemency. END_STATUTE

Sec. 2. Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding sections 41-200 and 41‑200.01, to read:

START_STATUTE41-200. Continuous sobriety and drug monitoring program; data management system; program termination; definitions

A. A statewide continuous sobriety and drug monitoring program is established in the attorney general's office. The attorney general shall adopt rules to implement the program. The program must use a primary testing methodology for the presence of alcohol or drugs that Best facilitates the ability to apply immediate sanctions for noncompliance and that Is available at an affordable cost.

B. In cases of hardship or when a program participant is rewarded with less stringent testing requirements, testing methodologies with timely sanctions for noncompliance may be used. Hardship is determined by documentation and consideration of the following factors, including whether:

1. A device is available.

2. The participant is capable of paying the fees and costs associated with the testing device.

3. The participant is capable of wearing the device, if applicable.

4. The participant does not qualify for in person, twice‑daily breath tests at a central location because of one or more of the following:

(a) The participant lives in a rural area and submitting to twice‑daily breath tests would be unduly burdensome.

(b) The participant's employment requires job performance at a location that is remote from the testing location and submitting to twice‑daily breath tests would be unduly burdensome.

C. The program must be evidence-based and satisfy at least two of the following categories:

1. The program is included in the federal registry of evidence‑based programs and practices.

2. The program has been reported in a peer‑reviewed journal as having positive effects on the primary targeted outcome.

3. The program is documented as effective by informed experts and other sources.

D. If a jurisdiction participates in the continuous sobriety and drug monitoring program:

1. The attorney general shall assist the participating jurisdiction in establishing and administering the continuous sobriety and drug monitoring program and determining alternatives to incarceration.

2. The participating jurisdiction or law enforcement agency may designate a third party to provide the testing services or to take any other action that is required or authorized to be provided by the law enforcement agency, except that the third party designee may not determine whether to participate in the continuous sobriety and drug monitoring program.

E. The participating jurisdiction in consultation with the law enforcement agency shall establish the testing locations.

F. Any efforts by the attorney general to alter or modify the core components of the statewide continuous sobriety and drug monitoring program must include a documented strategy for achieving and measuring the effectiveness of the planned modifications. Before modifying core components, the attorney general must initiate a pilot program with defined objectives and timelines in which measurements of the effectiveness and impact of any proposed modifications to the core components are monitored. The attorney general must assess data and make a determination as to whether the stated goals were achieved and whether the modifications should be formally implemented in the statewide continuous sobriety and drug monitoring program.

G. The attorney general shall establish a statewide continuous sobriety and drug monitoring program data management system that must be used by the department of law and all participating jurisdictions to collect and manage participant demographic information, participant case history information, testing information including testing duration, test events, test results and testing attendance, data access, fees and fee payments and any required reports.

H. A vendor of testing and monitoring devices that seeks to participate in the continuous sobriety and drug monitoring program must submit the data listed in subsection G of this section for inclusion in the data management system. A vendor that fails to comply with this subsection is disqualified from participating in the program.

I. The statewide data management system must do all of the following:

1. Have a secure, remotely hosted, demonstrated, web‑based management application that allows multiple concurrent users to access and input information.

2. Support breath testing, continuous remote transdermal alcohol monitoring, drug patch testing and urinalysis testing.

3. Be capable of tracking and storing events, including participant enrollment, testing activity, accounting activity and participating agency activity.

4. Be capable of generating reports of system fields and data. The data management system must allow reports to be generated as needed and on a scheduled basis and allow reports to be exported over a network connection or by remote printing.

5. Be able to identify program participants who have previously been enrolled in a continuous sobriety and drug monitoring program in this state or another state.

6. Have sufficient security protocols to protect a participant's personal information from unauthorized use.

J. All data that is submitted to and compiled in the data management system belongs to this state.

K. The program established by this section ends on July 1, 2027 pursuant to section 41-3102.

L. For the purposes of this section:

1. "Continuous" means twenty-four hours a day, seven days a week.

2. "Continuous sobriety and drug monitoring program" means a program that authorizes a court or governmental entity, as a condition of pretrial release, sentence, probation, community supervision, parole or work furlough, to:

(a) Require a person who has been charged with, pled guilty to or been convicted of a crime in which the abuse of alcohol or drugs was a contributing factor in the commission of the crime, including driving under the influence of alcohol or drugs, to abstain from alcohol or drugs for a period of time.

(b) Require the person to be subject to testing to determine the presence of alcohol or drugs. The testing shall be conducted twice a day at a central location where immediate sanctions can be applied, except that:

(i) If twice-daily testing creates a documented hardship or is geographically impractical, the testing shall be conducted by an alternate method with the concurrence of the attorney general and consistent with this section where timely sanctions can be effectively applied.

(ii) If testing only for drugs, the testing shall be conducted as frequently as practicable, as determined by the attorney general.

3. "Core components" means those elements of a continuous sobriety and drug monitoring program that analysis demonstrates are most likely to account for positive program outcomes.

4. "Immediate sanction" means sanctions that are applied within minutes of a noncompliant test event.

5. "Law enforcement agency" means the law enforcement agency charged with the enforcement of a continuous sobriety and drug monitoring program.

6. "Participating Jurisdiction" means a county, city, town or other governmental entity that chooses to participate in a continuous sobriety and drug monitoring program.

7. "Testing" means a procedure for determining the presence and level of alcohol or a drug as listed in section 13‑3401 in a person's breath or body fluid, including blood, urine, saliva or perspiration, and includes any combination of the use of breath testing, drug patch testing, urine analysis testing, saliva testing or continuous or transdermal alcohol monitoring.

8. "Timely sanction" means a sanction that is applied within hours or days after a noncompliant test event, but the period of time should be as short as possible and not exceed five days. END_STATUTE

START_STATUTE41-200.01. Continuous sobriety and drug monitoring program; fees; account; use of monies; rules

A. The law enforcement agency of a participating jurisdiction shall collect the testing fee required by department of law rules and deposit the fees into the local continuous sobriety and drug monitoring program account established pursuant to department of law rules.

B. The fee must be distributed according to those rules to the proper participating jurisdiction for use by the law enforcement agency or third-party vendor pursuant to the terms determined by the law enforcement agency in accordance with section 41‑200.

C. The law enforcement agency shall distribute a portion of the fees to the participating vendors in accordance with the vendor agreements and shall deposit the remaining fees in the continuous sobriety and drug monitoring program account authorized pursuant to this section for the purposes of administering and operating the continuous sobriety and drug monitoring program.

D. The attorney general shall adopt rules to implement this section and section 41‑200. The rules must:

1. Provide for the nature and manner of testing and the procedures and apparatus to be used for testing.

2. Establish reasonable fees. The fees shall be set as low as possible, but shall be set so that the total of the fees and other monies credited to the local program account defray the entire expense of the program, including costs to the state. Fees must include:

(a) Fees charged to the participant, including fees to pay the cost of enrollment, participation and testing, including installation, monitoring and deactivation of any testing device.

(b) Fees charged to data furnishers for use of the data management system.

3. Provide the attorney general with authority to accept gifts or donations, or to apply for any available public or private grants to support continuous sobriety and drug monitoring program activities, including those opportunities available under 23 United States Code section 405.

4. Establish a process for the determination and management of indigent participants.

5. Provide for the establishment and use of local program accounts for the deposit of fees collected pursuant to these rules.

6. Establish program best practices as recognized by leaders with significant experience implementing continuous sobriety and drug monitoring programs in other states and a national continuous advisory council. The best practices should include suggested sanctions for program noncompliance and violations.

7. Provide a process authorizing an offender who participates in a continuous sobriety and drug monitoring pilot program to receive a restricted driver license consistent with 23 United States Code section 164.

8. Establish a program coordinator and management group. END_STATUTE