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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
home confinement; eligibility; electronic monitoring
Purpose
Effective April 1, 2026, establishes the home confinement program to be administered by the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) for eligible inmates.
Background
ADCRR is responsible for the custody, control, correction, treatment and rehabilitation of all adult offenders committed to the state. ADCRR administers all community supervision services, including those for adult offenders who are released from incarceration, and provides the supervisory staff and administrative functions at the state level for all matters relating to said responsibilities (A.R.S. §§ 41-1602 and 41-1604).
Serious
offenses include: 1) first and second degree murder; 2) manslaughter; 3)
aggravated assault resulting in serious physical injury or involving a deadly
weapon or dangerous instrument; 4) sexual assault; 5) any dangerous crime
against children (DCAC); 6) arson of an occupied structure; 7) armed robbery; 8)
first degree burglary; 9) kidnapping; 10) sexual conduct with a minor under 15
years old; and 11) child sex trafficking. Violent or aggravated felonies
include:
1) first and second degree murder; 2) aggravated assault resulting in serious
physical injury or involving a deadly weapon or dangerous instrument; 3)
dangerous or deadly assault by a prisoner; 4) committing assault with intent to
incite to riot or participate in riot; 5) drive by shooting;
6) discharging a firearm at a residential structure if the structure is
occupied; 7) kidnapping;
8) various sexual offenses; 9) burglary in the first degree; 10) arson offenses;
11) armed robbery; 12) participating in or assisting a criminal syndicate or
leading or participating in a criminal street gang; 13) terrorism; and 14)
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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes a home confinement program that an inmate may participate in if the inmate:
a) has served at least one year of the sentence imposed by the court;
b) is within 18 months of beginning any form of release from incarceration;
c) was convicted of specified trespassing and burglary offenses, hiring minors for an illegal enterprise, computer tampering, third degree money laundering, evidence tampering, unlawful discharge of a firearm, conducting a chop shop, any class 4, 5 or 6 felony drug offense and any offenses involving criminal damage to property, theft, forgery, credit card fraud and business or commercial fraud;
d) has not been previously convicted of a DCAC, serious offense or a violent or aggravated felony;
e) does not have any violent disciplinary infractions during their current term of imprisonment;
f) has not previously participated in the home confinement program; and
g) does not have any felony warrants or detainers.
2. Requires ADCRR to adopt rules outlining the home confinement program, including:
a) methodology for alerting the inmate population about the home confinement program;
b) eligibility, including the requirement for an inmate to find and participate in gainful employment or education to qualify for the program, unless a disability prevents the inmate from doing so;
c) the application process; and
d) the criteria for acceptance, including any requirements related to housing, employment and health care.
3. Requires ADCRR to ensure that all eligible applicants have equitable access to meet the home confinement program's requirements and must assist applicants in completing any program requirements.
4. Requires ADCRR to evaluate a complete application within 90 days of receiving it and ensure that all eligibility requirements are met.
5. Stipulates that approval of the application is subject to the input of the victim, who must be notified within 10 days of affirming an application is complete and allowed an opportunity to provide any feedback about the inmate.
6. Requires ADCRR to review the victim's feedback within 10 days of receiving it and requires the feedback to be included in the final portion of the inmate's application.
7. Allows ADCRR, by April 1, 2027, to enter into a contract with an entity to evaluate the effectiveness of the home confinement program, based on:
a) the total number of eligible inmates;
b) the total number of active participants; and
c) the total number of inmates that returned to custody before completing the program.
8. Requires an inmate who participates in the home confinement program to be monitored by ADCRR through electronic surveillance for at least one year, or until the inmate becomes eligible for probation or community supervision.
9. Allows electronic surveillance to incorporate wearable technology using mobile biometric authentication.
10. Allows ADCRR to order an inmate to pay a monthly home confinement supervision fee in an amount set by ADCRR and allows ADCRR to require payment of a lesser amount upon determining the inmate is unable to pay the set fee.
11. Requires monies collected from home confinement fees to be deposited into the Community Corrections Enhancement Fund.
12. Requires the supervising corrections officer to monitor collection of the fee.
13. Specifies that an inmate placed in home confinement must remain on inmate status and is subject to all of the limits on rights and movement.
14. Allows ADCRR to revoke home confinement and return the inmate to custody to complete the imprisonment term if an inmate violates a condition of the program.
15. Requires ADCRR to revoke home confinement and return the inmate to custody to complete imprisonment if an inmate is arrested for a subsequent felony offense while in home confinement.
16. Requires the ratio of supervising officers to supervisees in the home confinement program to not exceed one officer for every 100 supervisees.
17. Becomes effective on April 1, 2026.
Prepared by Senate Research
February 7, 2025
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