UPDATE: Passed 7/22/20, see my blog post.
Arizona law allows permits municipalities and counties to establish home detention programs for defendants convicted in their courts of DUI and other misdemeanor criminal offenses. The laws require defendants to serve the first 20% of the sentence in jail, and the balance on home detention or on what is known as continuous alcohol monitoring (CAM), which means wearing an ankle bracelet to ensure they have not been drinking alcohol. If a defendant violates the home detention rules, they are immediately summonsed back into court and then are ordered to serve the balance of their sentence in jail.
These programs benefit the municipalities that establish the home detention programs because they are otherwise responsible for a defendant’s jail costs, which in Maricopa County are currently $396.98 for the first day and $102.55 for each day thereafter. The defendants are ordered to reimburse the municipality or county for the jail costs but if they are unable to pay the costs the municipality or county remains responsible for that cost.
The program also benefits the defendants because it is far easier for the defendant to get to and from home for work than from the county jail, particularly for those defendants whose driver’s license is suspended or who work far from the jail such as in North Phoenix or Mesa, Chandler or Gilbert. Defendants who can remain employed are able to continue to support their families as well as pay their court fines and assessments.
Almost all municipalities in Maricopa County, such Phoenix, Mesa and Gilbert, have approved home detention programs. However, Maricopa County has not approved a home detention program for its local courts, the Maricopa County Justice Courts. This has created a situation where defendants are in effect treated differently solely based on which court their case is prosecuted in. For example if a defendant is arrested within the City of Phoenix by a Phoenix Police Officer their case will go to the Phoenix Municipal Court where they can do home detention, however, if they are arrested at exactly the same location within the City by a County Deputy Sheriff the case will go to a Justice Court where they will not be able to do home detention.
Fortunately, the Maricopa County Board of Supervisors is considering a Home Detention Program at their regular board meeting on July 22, 2020. Approving a Home Detention Program would be good for Maricopa County because it will reduce the jail population, which is of no small concern to everyone in this time of the Pandemic, as well as reducing the costs of incarcerating defendants. It is a benefit for defendants because it will help them maintain their employment and therefore their abilities to support their family and pay their court fines.
If you want to let your member of the Board of Supervisors know your thoughts about this you can find which district you live in and send them an email.
Gordon Thompson
For more information about Arizona DUI and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions.
