(A) As authorized by A.R.S. § 9-499.07, if a person is sentenced to jail confinement by the municipal court, the court may substitute home detention or continuous alcohol monitoring, or both, for a portion of the jail term as provided in this section.
(B) A person is not eligible for home detention or continuous alcohol monitoring when substituted for jail, if any of the following apply:
(1) The person constitutes a risk to himself or herself or other members of the community;
(2) The person has a history of violent behavior;
(3) The conviction for which the person is being sentenced is a domestic violence offense pursuant to A.R.S. § 13-3601;
(4) The conviction for which the person is being sentenced is an act of prostitution or solicitation pursuant to A.R.S. § 13-3214.
(C) If the person is sentenced under A.R.S. § 28-1381(K) or A.R.S. § 28-1382(D) or (E), the person must first serve a minimum of 20% of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring and shall pay the incarceration costs; if the person is sentenced under A.R.S. § 28-1381(I), the person shall first serve a minimum of 24 hours in jail.
(D) A person placed under home detention shall be subject to electronic monitoring in the person's home, and shall be required to remain at home during the hours specified by the court. If a person is sentenced under A.R.S. §§ 28-1381 or 28-1382, the person shall be tested at least once daily for the use of alcohol or drugs in a manner approved by the court.
(E) If the person attends educational classes or is employed, the court may permit the person to attend classes or leave home for employment during specified hours. The court may permit the person to also attend religious services or funerals, or to seek medical care.
(F) The court may require a person under home detention to participate in community restitution work, or impose other reasonable requirements or restrictions the court deems necessary.
(G) A person under home detention or continuous alcohol monitoring shall be required to pay the full cost of the electronic monitoring and alcohol or drug testing, plus administrative fees established by the Presiding Magistrate. The court may assess a lesser amount, based on the ability of the person to pay after income verification is confirmed.
(H) The court shall terminate a person's home detention or continuous alcohol monitoring and require the person to complete the remaining term of the jail sentence by jail confinement, if the court finds the person has not successfully completed court-ordered alcohol or drug screening and treatment pursuant to A.R.S. §§ 28-1381 or 28-1382, or the person has improperly left the home during home detention, or failed to comply with the continuous alcohol monitoring program requirements. The court may terminate a person's home detention or continuous alcohol monitoring and require jail confinement for any other violation of the terms of the home detention or continuous alcohol monitoring order.
(I) The court may use continuous alcohol monitoring alone or in conjunction with any other sentence requirements as a term of probation.
(J) A person who is in a program pursuant to this section shall bear the cost of all testing, monitoring and enrollment in the program, and pay $30 per month while in the program, unless, after determining the inability of the defendant to pay the cost, the court assesses a lesser amount. The court shall use the collected monies to offset operational costs of the program.
(K) This program can only be terminated by a majority vote of the City Council.
(L) All other provisions of A.R.S. § 9-499.07 shall be followed by the court if not already stated above.
(Ord. 1466, passed 11-20-2018; Am. Ord. 1512, passed 9-21-2021)