A. Definitions.
1. COURT. The Lake Havasu City Municipal Court.
2. ELECTRONIC MONITORING DEVICE. Equipment capable of continuously confirming the location of the person to whom it is issued.
3. PROGRAM. A home detention and electronic monitoring program authorized under A.R.S. § 9-499.07, as may be amended, in which a person sentenced to jail is allowed to be released from jail, but requires the person to wear an electronic monitoring device and to conform to court ordered requirements.
4. PROVIDER. A person that has entered into a contract with Lake Havasu City to provide the following services:
a. Issuance of electronic monitoring devices;
b. Continual monitoring of electronic monitoring devices;
c. Provision of alcohol or drug use testing; and
d. Providing reports as required by the court.
B. Council intent concerning costs. Except as provided herein, all persons granted participation in the Program shall pay the actual costs of the program in advance of services being provided. If a person is unable to pay program costs in advance, the City Magistrate or designee, may advance budgeted prisoner jail cost monies to the provider upon written request within 30 days of the person beginning the program. The court shall thereafter collect advanced funds through a payment plan that reimburses the prisoner jail cost fund for the year the monies are collected.
C. Requirements of the home detention and electronic monitoring program.
1. The court shall order the person granted participation in the program to pay the actual costs of the program unless the court finds the person indigent. The court may also, upon recommendation of the prosecutor in a plea agreement or at its own discretion, assess less than the actual costs of the program based upon the person's income level and ability to pay.
2. The City Magistrate may approve additional terms and conditions of the program that do not conflict with this section or state statute.
3. The community restitution work committee required under A.R.S. § 9-499.07 shall be appointed by the City Manager or designee, in consultation with the City Attorney, and may include employees of the police department, prosecutor's office, the parks and recreation department, members of the local defense bar, and any other persons or organizations the City Manager considers helpful to the process. Committee members shall not receive any compensation for their services.
(Ord. 10-1019, passed 11-9-2010)