A. Authorization to Use Alternative Sentencing Options. If a person is sentenced to jail confinement by the city court, the judge may substitute home detention and monitoring for a portion or all of the jail term, as provided in this Section 2.24.200. The city court may also sentence a person to provide community restitution work, either as a condition of entering the home detention and monitoring program, or as a separate term of any sentence by the city court.
B. Definitions. For purposes of this Section 2.24.200, the following terms are hereby defined:
“Community restitution work” means work, traditionally referred to as community service, and performed by a person without compensation for the city or a community-oriented organization designated by the city, in order to provide partial restitution to the community for the commission of an offense.
“Electronic monitoring device” means equipment that is able to continuously confirm the location of the person to whom it is issued.
“Home detention and electronic monitoring program” means a sentence that allows a person to be released from or not serve time in jail, but requires that the person be affixed with an electronic monitoring device and comply with all other court orders and requirements.
“Provider” means a person or entity that has entered into an agreement with the city of Casa Grande to provide for the issuance of electronic monitoring devices, the continual monitoring of electronic monitoring devices, and the furnishing of alcohol and/or drug testing as requested by the city of Casa Grande.
C. Persons Not Eligible for Participation in Program. A person is not eligible for the home detention and electronic monitoring program if any of the following apply:
1. The person is found by the city to constitute a risk to himself/herself or other members of the community.
2. The person has a past history of violent behavior.
3. The sentencing judge states at the time of the sentence that the person may not be eligible for the home detention and electronic monitoring program.
4. The person has, within the previous thirty-six (36) calendar months, previously been a participant in the home detention and electronic monitoring program, and such participation was terminated as a result of the violation by such person of any condition set by the court, including but not limited to: failure to complete a court-ordered treatment program, use of alcohol or drugs, or failure to remain within the designated premises during home detention.
D. Provider Required. Before any person may participate in the home detention and electronic monitoring program, the city shall have entered into an agreement with one or more providers to implement the home detention and electronic monitoring program, requiring the provider to provide for the issuance of electronic monitoring devices, continually monitoring those devices, and providing such other services as the city may require.
E. Requirements for Persons Selected for Home Detention and Electronic Monitoring Program. If a person is sentenced to a term of confinement by the court for an offense other than driving under the influence:
1. Except as permitted by the court pursuant to Paragraph G. of this Section 2.24.200, the person shall remain at the premises designated by the court.
2. The court may order that the person be affixed with an electronic monitoring device and be required, except as permitted by the court pursuant to Paragraph G. of this Section 2.24.200, to remain at the premises designated by the court.
3. The person shall be employed within Pinal County and in a job that the court determines is suitable in both type and location of work for the home detention program. The court may, alternatively or in addition thereto, assign the person to a community restitution work assignment. The court may waive the requirement of employment or community restitution in cases where the court finds the person is incapable of employment or performing community restitution work.
4. The Court may place other restrictions on persons in the program, including but not limited to: prohibiting the use of and testing the person for consumption of alcoholic beverages or drugs; requiring that the person participate in a screening, education or treatment program for alcohol, substance abuse, or anger management purposes; requiring that the person maintain employment without absence therefrom during the term of home detention; participation in a community restitution work program, including participation on weekends even if the person is also employed during the week; and prohibiting the association of the person with individuals who are determined to be detrimental to the person's successful participation in the program.
5. The person shall bear the expense and be responsible for the full payment of all costs of home detention, testing, electronic monitoring, counseling, treatment, or other costs related to the person's participation in the home detention and electronic monitoring program unless, after determining the inability of the person to pay the cost, the court assesses a lesser amount.
F. Requirements for Persons Sentenced for DUI Offenses. In addition to any requirements set forth in Paragraph E. of this Section 2.24.200, if a person is sentenced to a term of confinement by the court as a result of any driving under the influence charge:
1. If the person is sentenced pursuant to ARS 28-1381(I), as from time to time amended, the person must first serve a minimum of twenty-four (24) consecutive hours in jail.
2. If the person is sentenced pursuant to ARS 28-1381(K), as from time to time amended, or ARS 28-1382(D) or (E), as from time to time amended, the person must first serve a minimum of fifteen (15) consecutive days in jail before being eligible to be placed in home detention.
3. The person shall have an electronic monitoring device affixed to them throughout the term of jail confinement ordered by the court.
4. The person shall bear the full cost of all testing, monitoring, and enrollment in the home detention and electronic monitoring program, as well as all alcohol or substance abuse programs unless, after determining the inability of the person to pay the cost, the court assesses a lesser amount.
5. The person shall be employed within Pinal County and in a job that the court determines is suitable in both type and location of work for the home detention program. The court may, alternatively or in addition thereto, assign the person to a community restitution work assignment. The court may waive the requirement of employment or community restitution in cases where the court finds the person is incapable of employment or performing community restitution work.
6. The person shall be subject to testing at least once a day for the use of alcoholic beverages or drugs, by a scientific method that is not limited to urinalysis or a breath or intoxication test, in the person's home or at the office of a person designated by the court to conduct these tests.
7. The person shall participate in an alcohol or drug program, or both as determined by the court. These programs must be accredited by the department of health services or a county probation department.
8. The person shall be prohibited from associating with any individual determined to be detrimental to the person's successful participation in the program.
9. The person shall, if consecutive hours of jail time are ordered, remain at home during the consecutive hours ordered.
10. The person shall fully comply with any additional conditions or terms set forth by the court in any order establishing the person's sentence or eligibility for the home detention and electronic monitoring program.
11. The person shall, except as set forth in Paragraph G. of this Section 2.24.200, remain at the premises designated by the court.
G. Permission by Court to Leave Premises. The court may permit a person in the home detention and electronic monitoring program, who has first secured the written permission of the court, to leave the designated premises to:
1. Be employed outside the home;
2. Conduct community restitution work;
3. Attend classes at accredited education institutions;
4. Attend funerals and religious services;
5. Attend medical appointments; and
6. Travel to a provider's location as required by the provider to ensure payment of fees or proper operation of the electronic monitoring device.
H. Community Restitution Work Committee.
1. There is hereby created a community restitution work committee for the city of Casa Grande. The committee shall consist of no fewer than seven (7) members and no more than eleven (11) members, and shall be appointed by the city manager or his/her designee.
2. The committee shall, unless impracticable, include representatives of the city court, police department, city attorney's office, parks and recreation department, public works department, a member of the defense bar, and a member representing a community organization. The appointment of additional members representing community organizations, other city departments, or other community members may also be made.
3. All members shall serve without compensation.
4. The committee shall recommend to the city court appropriate community restitution work projects for persons in home detention. All such projects shall be either public works projects operated and supervised by the city or other public agencies of the state, or be projects sponsored and supervised by public or private community-oriented organizations and agencies.
I. Termination of Participation in the Home Detention and Electronic Monitoring Program.
1. The city court shall terminate a person's participation in the home detention and electronic monitoring program, and require the person to complete the remaining term of any jail sentence by jail confinement, if the person fails to successfully complete a court-ordered alcohol or drug screening, counseling, education and treatment program, or the court finds that the person left the premises without permission of the court or supervising authority during a time that the person was ordered to be on the premises.
2. The city court may terminate a person's participation in the home detention and electronic monitoring program at any other time for any reason and, if terminated, may require the person to complete the remaining term of any jail sentence.
3. If the city council, by a majority vote of its full membership, terminates the home detention and electronic monitoring program, then a person's participation in the home detention and electronic monitoring program shall terminate on the effective date of the home detention and electronic monitoring program's termination.
J. Administrative Fee for Participation in the Home Detention and Electronic Monitoring Program. In addition to paying for the full cost of participation in the home detention and electronic monitoring program as set forth elsewhere in this Section 2.24.200, a person subject to electronic monitoring shall pay an administrative fee of thirty dollars ($30) per month to the city while on electronic monitoring, unless, after determining the inability of the person to pay these fees, the court assesses a lesser fee.
(Ord. 1397.02.11 § 1, 2010)