On July 22, 2020, the Maricopa County Board of Supervisors approved a home detention program for defendants who are sentenced to jail on cases prosecuted in the Maricopa County Justice Courts.
Under Arizona law a defendant may serve a misdemeanor DUI sentence on home detention or with continuous alcohol monitoring instead of jail if the local jurisdiction where the case is prosecuted approves it. With home detention or continuous alcohol monitoring the defendant must first serve 20% of the actual jail sentence ordered in jail, and thereafter is able to serve the balance of the 80% of the jail sentence on home detention or continuous alcohol monitoring. The amount of jail and home detention or continuous alcohol monitoring is calculated based on the actual amount of jail the defender was ordered to serve in jail. For example, with a first offense extreme DUI, 28 A.R.S. § 1382, the mandatory minimum sentence is 30 days in jail, however, 21 days can be suspended if the person installs an interlock for 12 months, which leaves 9 actual days jail, and so the defendant may serve that sentence as 2 days in jail and 7 Days on home detention or continuous alcohol monitoring. On a second offense super extreme misdemeanor DUI, 28 A.R.S. § 1382, the mandatory minimum sentence is 180 actual days in jail and with home detention or continuous alcohol monitoring the defendant is able to serve 36 days in jail and 144 days on home detention or continuous alcohol monitoring. Each day served on home detention or continuous alcohol monitoring is considered the equivalent of one day in jail. While on home detention or continuous alcohol monitoring defendants may go to work, counseling and limited daily living activities such as grocery shopping.
In Maricopa County most of the municipal courts with the exception of the Avondale Municipal Court have approved home detention for DUI defendants. Prior to July 22, 2020, home detention or continuous alcohol monitoring was also not available for defendants whose misdemeanor DUI cases were prosecuted in a Maricopa County Justice Court. At a meeting held on July 22, 2020, the Maricopa County Board of Supervisors approved home detention for the Justice Courts. In speaking in support of the proposal Maricopa County Attorney Allister Adel said the home detention would both reduce recidivism and save Maricopa County money (See July 22, 2020 Agenda Summary, Item #19 and video beginning at 12:00 minutes). Additionally, it was reported the Maricopa County Justices of the Peace support the program.
As of today, July 28, 2020, the full details of the County’s program are not publicly available however the effective date may be August 3, 2020. Since this is a program which has been previously authorized by law and not a change in the sentencing laws for DUI, the program should apply to cases which are now pending in the Justice Courts. As both the Maricopa County Attorney and the Justices of the Peace support the program there should be no opposition to applying the program to cases now pending In the Maricopa County Justice Courts.
This post will be updated when more information becomes available.
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