Any person found guilty of the offense of driving under the influence, pursuant to A.R.S. Title 28, may, at the discretion of the court, be eligible for home detention in lieu of jail confinement, pursuant to A.R.S. § 9-499.07(M), provided all provisions of this section are met with regard to individual eligibility and compliance.
(A) A prisoner must meet all of the following eligibility requirements for the program:
(1) The prisoner is found by the town not to constitute a risk to either himself or other members of the community.
(2) The prisoner does not have a past history of violent behavior.
(3) If the prisoner is sentenced under A.R.S. § 28-1382(B), the prisoner first serves a minimum of 24 consecutive hours in jail.
(4) If the prisoner is sentenced under A.R.S. § 28-1382(D), the prisoner first serves a minimum of 15 consecutive days in jail.
(B) A prisoner is required to comply with all of the following provisions for the duration of the prisoner’s participation in the program:
(1) The prisoner shall remain on electronic monitoring in the prisoner’s home and, if consecutive hours are ordered, shall remain at home during the hours ordered.
(2) The prisoner shall pay the full cost of the home detention, as determined by the Gila County Probation Home Detention Office, and $30 per month while on electronic monitoring.
(3) The prisoner shall be employed within Gila County, subject to review by the town; alternatively, community service work may be substituted, or if it is determined that the prisoner is incapable of performing community service or being employed, the town or the court may exempt the prisoner from this provision.
(4) Provided the prisoner is employed, if the prisoner is terminated or does not come to work, the employer shall notify the town and the court.
(5) The prisoner may be required to participate in community service work programs on the weekends.
(6) The prisoner may be allowed to be away from home detention for special purposes, including church attendance, medical appointments or funerals.
(7) The prisoner shall be tested daily for the use of alcoholic beverages by submitting to an intoxilizer test at a location designated by the court.
(8) The prisoner shall participate in an alcohol or drug program as designated by the court.
(9) The prisoner may be prohibited from associating with individuals, as determined by the court, that may be detrimental to the prisoner’s successful participation in the program.
(10) The prisoner shall comply with all other provisions of the sentence imposed.
(C) The court may terminate the prisoner’s participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement, if any of the following apply:
(1) The prisoner fails to comply with any provision of division (B) of this section.
(2) At any other time the court deems necessary.
(3) At any other time the town deems necessary.
(4) At any other time when this program is not in effect.
(D) Pursuant to A.R.S. § 9-499.07(O), electronic monitoring may not be substituted with some other form of home detention; also, nothing in this section shall be deemed to waive the minimum jail confinement requirements under A.R.S. § 28-1382.
(`82 Code, § 10-1-30) (Ord. 358, passed 2-28-91; Am. Ord. 527, passed 9-24-98; Am. Ord. 859A, passed 11-6-14; Am. Res. 2804A, passed 11-6-14) Penalty, see § 130.99