Legislative Edits to City Code 5-5-1.pdf

Section 5-5-1 Home Detention/Electronic Monitoring Program 
A home detention/electronic monitoring program AND A CONTINUOUS ALCOHOL 
MONITORING PROGRAM, pursuant to A.R.S. § 9-499-07 is ARE hereby authorized by the city 
council. 
A. To the extent authorized by applicable law, the presiding judge of the city municipal 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 a sentence or juvenile disposition ordered by the 
court, as provided herein. 
1. A person (adult or juvenile) is not eligible for home detention if any of the following apply: 
a. The person constitutes a risk to himself or other members of the community. 
b. The person has a past history of violent behavior. 
c. The conviction for which the person is being sentenced is a domestic violence offense 
pursuant to A.R.S. § 13-3601, as amended. 
d. The conviction for which the person is being sentenced is an act of prostitution or solicitation 
pursuant to A.R.S. § 13-3214, as amended. 
e. The person is not eligible pursuant to A.R.S. § 9-499.07, as amended. 
2. If a person is sentenced to jail confinement by the court (the "responsible party") in any 
driving under the influence ("DUI") charge, the court may substitute home detention for a portion 
of the jail term as provided in this section. Any responsible party 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 subsection 5-5-1(A)(3) below. The responsible party shall bear the costs of 
incarceration and be responsible for payment of thereof. 
3. If a responsible party is sentenced pursuant to A.R.S. § 28-1381(I) OR (K), as amended, or 
A.R.S. § 28-1382(D) or (E), as amended, the responsible party must first serve a minimum 
NUMBER of 15 consecutive days in jail before being eligible to be placed in a home detention 
OR CONTINUOUS ALCOHOL MONITORING program, AS SPECIFIED IN A.R.S. § 9-
499.07(N). The responsible party shall bear the costs of incarceration and be responsible for 
payment of thereof. 
B. A responsible party placed in a home detention program shall be subject to electronic 
monitoring in the responsible party's home and shall be required to remain at home during the 
hours specified by the court. A responsible party sentenced pursuant 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 responsible party attends educational classes in Maricopa County or is employed within 
Maricopa County, the court may permit the responsible party to attend classes or leave home 
for employment during specified hours. The court may permit the responsible party to attend 
religious services or funerals, or to seek medical care or other court-approved counseling.

D. The court may require a responsible party placed in a home detention OR CONTINUOUS 
ALCOHOL MONITORING program to participate in community service work or impose other 
reasonable requirements or restrictions the court deems necessary. 
E. A responsible party 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. Non-payment of any program costs 
may result in termination of home detention. A RESPONSIBLE PARTY WHO IS PLACED 
UNDER THE CONTINUOUS ALCOHOL MONITORING PROGRAM SHALL BEAR THE COST 
OF ALL TESTING, MONITORING AND ENROLLMENT IN THE PROGRAM AND PAY 
THIRTY DOLLARS PER MONTH WHILE IN THE PROGRAM, UNLESS, AFTER 
DETERMINING THE INABILITY OF THE PERSON TO PAY THE COSTS, THE COURT 
ASSESSES A LESSER AMOUNT. THE CITY SHALL USE THE COLLECTED MONIES TO 
OFFSET OPERATIONAL COSTS OF THE PROGRAM.  
F. The court shall terminate a responsible party's participation in a home detention program and 
require the responsible party to complete the remaining term of any sentence by jail 
confinement if the court finds the responsible party (i) 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 (ii) has left the home during home detention 
without permission of the judge or supervising authority. The court may terminate a responsible 
party's participation in the home detention program and require jail confinement for any other 
violation of the terms of the home detention order.