In addition to any requirements set forth in § 34.59, if a person is sentenced to a term of confinement by the court as a result of any driving under the influence charge:
(A) If the person is sentenced pursuant to A.R.S. § 28-1381(I), as amended from time to time, the person must first serve a minimum of 24 consecutive hours in jail;
(B) If the person is sentenced pursuant to A.R.S. § 28-1381(K), as amended from time to time, or A.R.S. § 28-1382(D) or (E), as amended from time to time, the person must first serve a minimum of 15 consecutive days in jail before being eligible to be placed in home detention;
(C) The person shall have an electronic monitoring device affixed to them throughout the term in jail confinement ordered by the court;
(D) 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;
(E) The person shall be employed 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 to cases where the court finds the person is incapable of employment or performing community restitution work;
(F) 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 the office of a person designated by the court to conduct these tests;
(G) 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;
(H) The person shall be prohibited from associating with any individual determined to be detrimental to the person’s successful participation in the program;
(I) The person shall, if consecutive hours of jail time are ordered, remain at home during the consecutive hours ordered;
(J) 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; and
(K) The person shall, except as set forth in § 34.61, remain at the premises designated by the court.
(Prior Code, § 6-5-6) (Ord. 21-16. passed 8-23-2021)