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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
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 Director of the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) to establish the program, which must include:
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, subject to available monies that are specifically allocated for the program, 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 equitable 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. Requires ADCRR, beginning January 1, 2031, to provide a report for the purpose of determining program continuation, which must include the total number of:
a) eligible inmates;
b) active participants; and
c) inmates that returned to custody before completing the program.
10. Requires the report to be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, the minority leaders of the Senate and the House of Representatives and the chairpersons of the Judiciary and Public Safety Committees or their successor committees.
11. 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.
12. Requires the supervising corrections officer to monitor the collection of the fee.
13. Requires monies collected from the fee to be deposited in the Community Corrections Enhancement Fund.
14. Requires participating inmates to remain on inmate status and be subject to all limits on rights and movement.
15. Allows ADCRR to revoke home confinement and return the inmate to custody for violating a condition of the program.
16. Requires ADCRR to revoke home confinement and return the inmate to custody if the inmate is arrested for a subsequent felony offense.
17. Prohibits the ratio of supervising corrections officers to supervisees from exceeding one officer for every 50 supervisees.
18. 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.
19. 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.
20. Makes technical changes.
21. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Removes the retroactivity clause.
2. Stipulates that the requirement for ADCRR to ensure eligible inmates reside in a location where electronic monitoring technology is functional and have equitable access to meet program requirements is subject to available monies specifically allocated for this purpose.
3. Requires, rather than allows, ADCRR to report on specified data regarding the program in order to determine continuance of the program and requires ADCRR to begin reporting on the program on January 1, 2031, rather than 12 months after the general effective date.
4. Specifies that the Director of ADCRR must establish the program, rather than ADCRR adopting rules outlining the program.
Senate Action House Action
JUDE 2/11/26 DP 5-1-1 JUD 3/25/26 DP 7-2-0-1
3rd Read 3/3/26 25-5-0 3rd Read 6/12/26 40-14-6
Prepared by Senate Research
June 12, 2026
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