20200630 MCAO HDP PROJECT PROPOSAL FINAL.PDF
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1 MARICOPA COUNTY HOME DETENTION PROGRAM June 30, 2020 OVERVIEW 1. Program Background and Description A.R.S. § 11-251.15 authorizes the county Board of Supervisors (BOS) to approve a home detention program as a sentencing option in misdemeanor DUI cases. A home detention program allows a DUI defendant, following an initial mandatory period in custody, to serve the remainder of the sentence on home detention. A home detention sentence requires either GPS monitoring and a breathalyzer or continuous alcohol monitoring. This monitoring is conducted by an outside vendor who immediately reports non-compliance to the administrative agency for the program (usually the prosecutor or the court). The prosecutor and the court are responsible for addressing non-compliance. The following Arizona cities and counties have had successful home detention programs for many years: Phoenix; Scottsdale; Gilbert; Tempe; Mesa; Chandler; Glendale; Coconino County; Pima County; and Pinal County. The following Maricopa County agencies support a home detention program: the Maricopa County Attorney’s Office (MCAO); the Maricopa County Sheriff’s Office (MCSO); Maricopa County Justices of the Peace (MCJP); and the Maricopa County Office of Public Defense Services (MCOPDS). 2. Defendant Eligibility Pursuant to A.R.S. § 11-251.15(B), defendants are not eligible for home detention if: • The court finds that the defendant constitutes a risk to either himself or other members of the community. • The defendant has a prior history of violent behavior. • The sentencing judge determines and states at the sentencing hearing that a defendant is not eligible for a home detention program. 3. Financing of the Program A home detention program is funded as follows: • A defendant participating in the program pays for the monitoring equipment; 2 • Fees are set by the equipment provider using a sliding scale based on the defendant’s ability to pay; • There is a waivable $30 statutory fee paid by the defendant to the county or administrative agency to offset costs to administer the program; • For an average home detention sentence between 9-13 days, MCAO projects that most misdemeanor DUI defendants will pay between $200 and $400, including installation, statutory fee, and daily monitoring fees. 4. Provider Requirements MCAO will select a private vendor to provide: • Home detention devices, including GPS monitoring; breathalyzers; and continuous alcohol monitors; • Home detention compliance monitoring services 24 hours a day, 365 days a year; • An electronic case management system with the ability to electronically exchange data with MCAO; • Ability to adopt a sliding scale offender fee structure based upon the defendant’s ability to pay; • Most jurisdictions in Arizona have a contract with either Sentinel Advantage or Scram Systems of Arizona. The procurement process for vendors is streamlined due to the use of National Association of State Procurement Officials (NASPO) contracts. 5. Benefits of a Home Detention Program Benefits of a Home Detention program include: • Reduction of costs for Maricopa County in terms of fewer inmates for self- surrender, intake, and incidentals during custody. An estimated 200 to 300 individuals each year will be eligible for the program. • Allows defendants to continue with school or work while serving sentence without having to administer and supervise jail work release programs. • Long term cost savings through recidivism reduction. • Provides sentencing option for high liability defendants who have underlying medical conditions. • Studies have shown high compliance rates by participating defendants with low recidivism rates. • Gives Justices of the Peace the same sentencing options other judges have for DUI offenders. 3 6. Program Creation Tasks The essential tasks for the home detention project consist of: • The Board of Supervisors must approve of the creation of a home detention/continuous alcohol monitoring program by a majority vote. • The Presiding Justice of the Peace must approve the home detention program by judicial order. • MCAO contracts with a home detention vendor that provides home detention devices and continuous alcohol monitoring services. 7. Tentative Schedule for Approval and Implementation A tentative schedule for approval and implementation follows: June 30, 2020: The Board of Supervisors provides public notice for home detention hearing on or about July 22, 2020; July 22, 2020: The Board of Supervisors holds a public hearing on home detention; makes findings; votes on whether to approve home detention for misdemeanor DUIs in justice courts; Presiding JP authorizes home detention sentences for misdemeanor DUI defendants in justice courts; July 22, 2020: MCAO selects a vendor for home detention devices and services; approves home detention prosecution policy; signs contract with vendor; July 22, 2020 – August 3, 2020: MCAO, vendor, and justice courts implement home detention program (establish electronic data exchange; adjust internal processes and procedures as necessary; update legal filing templates; identify misdemeanor DUI cases eligible for home detention); MCPD and defense attorney notify and advise misdemeanor DUI defendants of home detention sentencing option; August 3, 2020: Justice Courts begin sentencing misdemeanor DUI defendants to home detention; MCAO and vendor administer home detention program; defendants sentenced to home detention.