What is Home Detention?
Home detention is an alternative to imprisonment for certain non-violent criminal offenders. According to The Sentencing Project, Arizona has one of the highest imprisonment rates in the United States, making home detention an attractive option to offset the oversaturation of jails and prisons.
Those sentenced to home detention will be confined to their primary residence for the duration of the time to which they were sentenced to such by the court, monitored electronically by a device such as an ankle monitor. According to A.R.S. 11-251.15, home detention programs are treated the same as confinement in jail.
Who is Not Eligible for Home Detention?
A prisoner is not eligible for a home detention program or a continuous alcohol monitoring program if any of the following applies:
- The prisoner is found by the court to constitute a risk to either himself or other members of the community.
- The prisoner has a past history of violent behavior.
- The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a home detention program or a continuous alcohol monitoring program.
What are Common Home Detention Rules?
The court may implement varying requirements for home detention prisoners as they see fit for each case. These requirements can include, but are not limited to:
- Electronic monitoring in the prisoner’s home whenever the prisoner is not at the prisoner’s regular place of employment or while the prisoner is assigned to a community work task.
- If electronic monitoring is required, the prisoner will remain under the control of a home detention device that constantly monitors the prisoner’s location in order to determine that the prisoner has not left the prisoner’s premises.
- A system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements.
- Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner’s home or at the office of a person designated by the court to conduct these tests.
- Prohibiting association with individuals who are determined to be detrimental to the prisoner’s successful participation in the program.
- Participation in an accredited alcohol or drug program, or both.
Prisoners may be able to leave their residence for special purposes, such as church attendance, medical appointments, and funerals.
Additionally, those sentenced to home detention are required to pay any costs associated with their electronic monitoring fee, with ranges of up to $30 per month, as well as any applicable costs associated with testing, counseling, or any other programs or needs.
Home Detention for DUI Offenses
Those convicted of DUI offenses may be eligible for home detention programs.
DUI offenders may be subject to continuous alcohol monitoring and must pay the cost of testing, monitoring, and enrollment in any programs or counseling. Offenders will have their BrAC or BAC tested daily.
Eligibility for DUI offenders is as follows:
Base level DUI – Prisoners must first serve at least one day in jail.
Second DUI Conviction within 84 Months – Prisoners must serve at least 20% of their sentence in jail.
Extreme or Super Extreme DUI – Prisoners must serve at least 20% of their sentence in jail.
Home Detention Programs in Arizona
Home Detention Programs in Arizona
Every court in Arizona that chooses to offer a home detention program can set their own eligibility requirements for such sentences. Some programs in the state include:
City of Phoenix Home Detention/Continuous Alcohol Monitoring Program
Administered by the Phoenix City Prosecutor’s Office, this program serves both home detention and continuous alcohol monitoring (CAM) services.
Home detention is available for a portion of jail sentencing for all offenses except domestic violence and prostitution.
The CAM program does not require house arrest but monitors alcohol consumption 24 hours a day, 7 days a week. This program is suitable for DUI offenders in conjunction with a portion of their jail sentence.
City of Tucson Home Detention Program
Tucson’s home detention program is available to offenders of DUI, prostitution, and some driving on suspended license offenses. It is not open to violent or at-risk offenders, sexual offense offenders, felony offenders, child abuse offenders, or illegal residents.
Those sentenced to home detention must first serve at least 24 hours in jail. Home detention inmates will be electronically monitored and undergo drug and alcohol testing.
City of Mesa Home Detention Program
The City of Mesa utilizes a home detention program through Prodigy Healthcare through a partnership with Mesa Municipal Court and the Mesa City Prosecutor’s Office. The program utilizes SCRAM systems as their partner for electronic monitoring and home detention.
Is Home Detention the Same as House Arrest?
It is not unusual for “home detention” and “house arrest” to be used interchangeably. However, despite both involving remaining at home under electronic monitoring, they are not necessarily the same.
Home detention refers specifically to an offender’s sentencing following a conviction. On the other hand, house arrest can be utilized during the pretrial period, as sentencing, or as a condition of probation or parole.
In many courts, “intensive probation” for felony offenses is a form of house arrest. Intensive probation is the strictest level of probation available and strictly monitors offenders, typically prohibiting them from leaving their house for reasons other than normal obligations, such as working or completing mandated community service.
Additionally, criminal defendants who are non-dangerous and don’t pose a flight risk may be permitted to wait out their time until trial under house arrest rather than in jail.
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