(A) There is hereby established in the town a prisoner work, community restitution work, and home detention program for eligible sentenced prisoners, as authorized by and in compliance with A.R.S. § 9-499.07. This program shall be implemented only after approval by the Presiding Magistrate of the Magistrate Court, and shall operate only in compliance with A.R.S. § 9-499.07. Home detention shall not be granted in a sentence imposed for an offense involving domestic violence as defined by A.R.S. § 13-3601, in a sentence imposed for an offense involving prostitution as defined by A.R.S. § 13-3214 or solicitation thereof, in a sentence imposed upon a person who constitutes a risk to himself or other members of the community, in a sentence imposed upon a person with a history of violent behavior, or in any situation in which a prisoner is ineligible for home detention pursuant to the terms of A.R.S. § 9-499.07.
(B) There is hereby established, within the overall structure of the prisoner work, community restitution work, and home detention program for eligible sentenced prisoners, a home detention program for persons who are sentenced to jail confinement pursuant to A.R.S. §§ 28-1381 or 28-1382. A person placed under such program shall bear the cost of all testing, monitoring, and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. A person placed under such program shall not be eligible for home detention until the person has served a minimum of one day in jail or 20% of the initial term of incarceration in jail, as applicable pursuant to A.R.S. § 9-499.07.N.
(C) There is hereby established a continuous alcohol monitoring program for persons who are sentenced to jail confinement pursuant to A.R.S. §§ 28-1381 or 28-1382. This program shall be implemented only after approval by the Presiding Magistrate of the Magistrate Court, and shall operate only in compliance with A.R.S. § 9-499.07.
(D) The Presiding Magistrate of the Magistrate Court shall maintain detailed criteria for the town’s prisoner work, community restitution work, home detention, and continuous alcohol monitoring program or programs, including eligibility criteria (the “Program”). The initial Program, as reflected in Exhibit A to Ordinance No. 2021-905, is hereby adopted as if fully set forth herein. The Program shall be subject to amendment, from time to time, by the Presiding Magistrate at her own discretion, provided that it shall comply at all times with the provisions of this section and with the provisions of A.R.S. § 9-499.07.
(Ord. 2021-905, passed 9-28-2021; Am. Ord. 2022-922, passed 9-13-2022)