(A) To the extent authorized by applicable law, the Town Magistrate or Assistant Town Magistrate (the “Judge”) of the Town Magistrate Court (the “Court”) may, in the exercise of the Judge’s discretion, order home detention, electronic monitoring, and alcohol/drug testing as a term of an adult sentence ordered by the Court, as provided herein.
(1) A defendant may be sentenced to home detention, electronic monitoring, and alcohol/drug testing in any situation where such person is sentenced or ordered confined to any jail in this state, upon such terms and conditions as the Judge may direct.
(2) A defendant is not eligible for home detention if any of the following apply:
(a) The defendant constitutes a risk to himself, herself, or other members of the community;
(b) The defendant has a past history of violent behavior;
(c) The conviction for which the defendant is being sentenced is a domestic violence offense pursuant to A.R.S. § 13-3601, as amended;
(d) The conviction for which the defendant is being sentenced is an act of prostitution or solicitation pursuant to A.R.S. § 13-3214, as amended; or
(e) The defendant is not eligible pursuant to A.R.S. § 9-499.07, as amended.
(3) If a defendant is sentenced to jail confinement by the Court in any driving under the influence (“DUI”) charge (A.R.S. §§ 28-1381 et seq., as amended), the Court may substitute home detention for a portion of the jail term as provided in this section. Any defendant placed in a home detention program as a term of a DUI sentence must serve an initial 24 consecutive hours in jail, except as provided in division (A)(4) below. The defendant shall bear the costs of incarceration and be responsible for payment thereof.
(4) If a defendant is sentenced pursuant to A.R.S. § 28-1381(K), as amended, or A.R.S. § 28-1382(D) or (E), as amended, the defendant must first serve a minimum of 15 consecutive days in jail before being eligible to be placed in a home detention program. The defendant shall bear the costs of incarceration and be responsible for payment of thereof.
(B) A defendant placed in a home detention program shall be subject to electronic monitoring in the defendant’s home and shall be required to remain at home during the hours specified by the Court. A defendant sentenced pursuant to A.R.S. §§ 28-1381 or 28-1382 shall be tested at least once daily for the use of alcohol or drugs in a manner approved by the Court.
(C) If the defendant attends educational classes in the county or is employed within the county, the Court may permit the defendant to attend classes or leave home for employment during specified hours. The Court may permit the defendant to attend religious services or funerals, or to seek medical care or other Court-approved counseling.
(D) The Court may, but is not required to, order that prisoners participate in community restitution work programs. In such a program, the following constitute acceptable community restitution work: municipal and other government public works projects; or other projects sponsored and supervised by public or private community organizations. All such private community organizations must be certified as non-profit entities as defined by Internal Revenue Code § 501(C)(3). The defendant may not be compensated for such work. The Town Council shall act as the town’s Community Restitution Committee unless, in its discretion, it chooses to appoint an advisory committee. The presiding Magistrate of the town’s Court shall have full discretion to determine which community restitution programs, if any, shall be approved and which defendants, if any, shall be assigned to community restitution work.
(E) A defendant placed in a home detention program shall bear the expense and be responsible for payment of the full cost of the home detention, including electronic monitoring and alcohol or drug testing costs, to the program provider/administrator. The Court may assess a lesser amount based on the ability of the person to pay pursuant to A.R.S. § 9-499.07(D). Non-payment of any program costs may result in termination of home detention. The Court shall order the defendant to reimburse the town for any home detention costs the town incurs as a result of the defendant being sentenced to home detention.
(F) (1) The Court shall terminate a defendant’s participation in a home detention program and require the defendant to complete the remaining term of any sentence by jail confinement if the Court finds the defendant:
(a) Has not successfully completed Court-ordered alcohol or drug screening and treatment pursuant to A.R.S. §§ 28-1381 or 28-1382, or pursuant to any other Court-ordered program; or
(b) Has left the home during home detention without permission of the Judge or supervising authority.
(2) The Court may terminate a defendant’s participation in the home detention program and require jail confinement for any other violation of the terms of the home detention order.
(G) As required by A.R.S. § 9-499.07(D), in addition to any other fees or costs, the Court shall order that the defendant pay an electronic monitoring fee of $30 per month while being electronically monitored. Said fee shall be used by the town to offset the costs of monitoring the program.
(Ord. 2010-03, passed 11-10-2010; Ord. O2020.06, passed 4-23-2020)