Ordinance No. 24-25 Home Detention and Electronic Monitoring Code Amendment 7.1.25.docx

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WHEN RECORDED, RETURN TO:  
 
City of Buckeye  
ATTN: City Clerk, Lucinda J. Aja  
530 East Monroe Avenue  
Buckeye, Arizona 85326  
 
ORDINANCE NO. 24-25 
 
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, 
ARIZONA, AMENDING THE BUCKEYE CITY CODE BY AMENDING CHAPTER 
5, 
MUNICIPAL 
COURT 
REGULATIONS, 
ARTICLE 
5-5 
- 
HOME 
DETENTION/ELECTRONIC MONITORING PROGRAM, SECTION 5-5-1 HOME 
DETENTION/ELECTRONIC MONITORING PROGRAM TO AUTHORIZE A 
CONTINUOUS MONITORING PROGRAM; AND PROVIDING FOR REPEAL OF 
CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. 
 
WHEREAS, the Mayor and Council of the City of Buckeye, Arizona (“City”) are 
authorized by City Code Chapter 2, Article 2-5, Section 2-5-4 to adopt and/or amend all 
ordinances necessary or proper for the carrying into effect of the powers vested in the City; and, 
 
WHEREAS, the Mayor and Council believe that it is in the best interest of the City to 
amend particular sections the Municipal Court Regulations of the City Code to establish a 
program for continuous alcohol monitoring, 
 
WHEREAS, the authority for a city or town to establish a continuous alcohol monitoring 
program is granted by A.R.S. § 9-499.07, 
 
BE IT ORDAINED by the Mayor and Council of the City of Buckeye, Arizona, as follows: 
 
Section 1. 
The foregoing recitals are incorporated as if fully set forth herein. 
 
Section 2. 
The City Code is hereby amended by amending Chapter 5, Municipal 
Court Regulations, Article 5-5, Home Detention Electronic Monitoring Program, Section 5-5-1, 
Home Detention/Electronic Monitoring Program, to authorize a continuous alcohol monitoring 
program and amending Section 5-5-1 as follows: 
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, 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 a sentence ordered by the court, as provided herein. 
1. A person 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.

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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. 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 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 
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 program 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 responsible party to pay the costs, the court assesses a 
lesser amount. The City shall use the collected monies to offset operational costs of the 
program.

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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. 
Section 3. All ordinances and parts of ordinances in conflict with the provisions of this 
Ordinance or any part of the Code are hereby repealed.  
 
Section 4. Any section, subsection, sentence, clause, phrase or portion of this Ordinance 
or any part of the Code adopted herein by reference, is for any reason held to be invalid or 
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not 
affect the validity of the remaining portions thereof.  
 
Section 5. The Mayor, the City Manager, the City Clerk and the City Attorney are hereby 
authorized and directed to take all steps and to execute all documents necessary to carry out the 
purpose and intent of this Ordinance.  
 
PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, 
this 1st day of July, 2025.  
 
______________________________ 
Eric W. Orsborn, Mayor  
 
 
ATTEST:  
 
______________________________ 
Lucinda J. Aja, City Clerk  
 
 
APPROVED AS TO FORM:  
 
______________________________ 
K. Scott McCoy, City Attorney