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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
home confinement; eligibility; electronic monitoring
Purpose
Establishes a home confinement program (program) for eligible inmates.
Background
Various
community supervision programs exist for qualified inmates that meet certain
statutory requirements. Such programs include: 1) the 90-day Transition
Program; 2) the Mental Health Transition Program for inmates who have been
diagnosed as seriously mentally ill; and
3) Coordinated Reentry Planning Services Programs for offenders who have
violated the terms of their probation. These programs are generally not
available to inmates who have been convicted of serious offenses, violent
or aggravated felonies or dangerous crimes against children (DCACs)
(A.R.S. §§ 11-392;
31-281;
and 31-291).
Serious offenses and violent or aggravated felonies include: 1) murder; 2) manslaughter; 3) aggravated assault; 4) sexual assault; 5) kidnapping; 6) child sex trafficking; 7) arson; 8) armed robbery; 9) drive by shooting; and 10) terrorism. DCACs include offenses committed against a minor who in under 15 years old involving murder or various sexual offenses (A.R.S. §§ 13-705 and 13-706).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes the program that inmates are eligible to participate in if the inmate:
a) has served at least one year of the sentence imposed;
b) was convicted of specified trespassing and burglary offenses, computer tampering, physical evidence tampering, unlawful discharge of a firearm, class 4, 5 or 6 felony drug offenses, any felony offense involving damage to property, theft, forgery, credit card fraud, or business or commercial fraud;
c) is within 18 months of beginning a 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;
f) has not previously participated in the home arrest program; and
g) does not have any felony detainers or warrants.
2. Requires the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) to adopt rules outlining the program, including:
a) the method of notifying the inmate population about the program;
b) eligibility requirements, including a requirement to find and participate in gainful employment or education, unless the inmate has a disability;
c) the application process; and
d) the criteria for acceptance, including any requirements related to housing, employment and health care.
3. Requires inmates who participate in the program to be monitored through electronic monitoring surveillance for at least one year or until the inmate becomes eligible for probation or community supervision.
4. Requires ADCRR to ensure that all eligible applicants reside in a location where electronic monitoring technology is functional and have quotable access to meet program requirements.
5. Requires ADCRR to provide assistance to applicants in completing program requirements.
6. Requires ADCRR to evaluate applications for the program within 90 days of receipt.
7. Stipulates that application approval is subject to input from the victim.
8. Requires ADCRR to:
a) notify the victim within 10 days of an application being verified;
b) provide the victim with the opportunity to provide feedback regarding the inmate;
c) review the victim's feedback within 20 days of receipt; and
d) include the victim's feedback as the final portion of an inmate's application.
9. Allows ADCRR, within 12 months of the general effective date, to enter into a contract with an entity to evaluate the effectiveness of the program based on the total number of:
a) eligible inmates;
b) active participants; and
c) inmates that returned to custody before completing the program.
10. Allows ADCRR to order an inmate to pay a monthly home confinement fee determined by ADCRR, or a lesser fee if the inmate cannot pay the full amount.
11. Requires the supervising corrections officer to monitor the collection of the fee.
12. Requires monies collected from the fee to be deposited in the Community Corrections Enhancement Fund.
13. Requires participating inmates to remain on inmate status and be subject to all limits on rights and movement.
14. Allows ADCRR to revoke home confinement and return the inmate to custody for violating a condition of the program.
15. Requires ADCRR to revoke home confinement and return the inmate to custody if the inmate is arrested for a subsequent felony offense.
16. Prohibits the ratio of supervising corrections officers to supervisees from exceeding one officer for every 50 supervisees.
17. Stipulates that inmates who do not reach their release date and who return to custody for technical violations forfeit their tentative release and must remain in custody until their earned release credit date.
18. States that program requirements and eligibility criteria apply to eligible inmates as follows:
a) from January 1, 2027, through March 31, 2027, inmates with 6 months remaining on their sentence;
b) from April 1, 2027, through July 1, 2027, inmates with 12 months remaining on their sentence; and
c) after July 1, 2024, inmates with 18 months remaining on their sentence.
19. Makes technical changes.
20. Becomes effective on the general effective date, retroactive to January 1, 1994.
Prepared by Senate Research
February 5, 2026
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