home confinement; eligibility; electronic monitoring

HB2770 - 572R - I Ver

REFERENCE TITLE:
home confinement; eligibility; electronic monitoring

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2770

Introduced by

Representative
Powell

AN
ACT

AMENDING SECTION
31-418, ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 11, ARTICLE
1, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-1604.21; RELATING TO
THE STATE DEPARTMENT OF CORRECTIONS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section
1. Section 31-418, Arizona Revised Statutes, is amended to read:

START_STATUTE
31-418
.
Community supervision fee; deposit; community corrections
enhancement fund; drug testing costs

A. During the period of time that the prisoner
remains on community supervision, the state department of corrections shall
require as a condition of community supervision that the prisoner pay a monthly
supervision fee of at least
sixty-five dollars
$65
unless, after determining the inability of the prisoner to
pay the fee, the department requires payment of a lesser amount. The
supervising community supervision officer shall monitor the collection of the
fee.

B. Seventy
per cent
percent
of the monies collected pursuant to subsection A of
this section shall be deposited, pursuant to sections 35-146 and 35-147,
in the victim compensation and assistance fund established by section 41-2407
and thirty
per cent
percent
shall be
deposited in the community corrections enhancement fund established by this
section.

C. The community corrections enhancement fund is
established consisting of monies received pursuant to subsection B of this
section, sections 31-411, 31-467.06
and
41-1604.08
and 41-1604.21
and section 41-1604.13, subsection D,
paragraph 8.� The department shall administer the fund and use fund monies to
pay for costs related to community corrections.

D. In addition to any other fees, the department may
require as a condition of community supervision that the prisoner pay the
reasonable costs associated with the prisoner's participation in a drug testing
program.� The prisoner's costs shall not exceed the department's cost for the
program.� The monies collected pursuant to this subsection by the department
may only be used to offset the costs of the drug testing program.
END_STATUTE

Sec. 2. Title 41, chapter 11, article 1,
Arizona Revised Statutes, is amended by adding section 41-1604.21, to read:

START_STATUTE
41-1604.21.

Home confinement; eligibility; victim notification; conditions;
fees; revocation; ratios; applicability

A. An inmate who has served at least
one year of the sentence imposed by the court is eligible for the home
CONFINEMENT program if the inmate meets all of the following criteria:

1. Was convicted of a violation of
section 13-1503, 13-1504, 13-1505, 13-1506, 13-2316, 13-2809
or 13-3107, any felony offense in title 13, chapter 16, 18, 20, 21 or 22
or any class 4, 5 or 6 felony offense in title 13, chapter 34 or 34.1.

2. IS WITHIN EIGHTEEN MONTHS OF
BEGINNING ANY FORM OF RELEASE FROM INCARCERATION.

3. Has not previously been convicted
of a dangerous crime against children as defined in section 13-705 or a serious
offense or a violent or aggravated felony as defined in section 13-706.

4. Does not have any violent
disciplinary infractions during the current term of imprisonment.

5. has not previously participated in
the home confinement program pursuant to this section.

6. Does not have any felony warrants
or detainers.

B. The department shall adopt rules
outlining the home confinement program. The rules shall include all
of the following:

1. the method of notifying the inmate
population about the home confinement program.

2. Eligibility, including the
requirement for an inmate to find and participate in gainful employment or
education to qualify for the program unless a DISABILITY prevents THE inmate
FROM DOING SO.

3. The application process.

4. The criteria for acceptance,
including any requirements related to housing, employment and health care.

C. The department shall ensure that
all eligible applicants reside in a location where electronic monitoring
technology is functional and have equitable access to meet the home confinement
program's requirements, and shall provide assistance to applicants in
completing any program requirements.

D. Within NINETY days after receiving
a complete application for the home confinement program, the department shall
evaluate the application and ensure that all eligibility requirements are met.

E. The approval of an application is
subject to the input of the victim of the offense for which the INMATE is
incarcerated. If all criteria are met, the department shall notify
the victim within ten days after receiving the verified
application. The department shall give the victim the OPPORTUNITY to
provide any feedback about the inmate and shall review the victim's feedback
within twenty days after RECEIVING the feedback. The victim's feedback shall be
the final portion of the inmate's home confinement application.

F. twelve months after the effective
date of this section, The department may enter into a contract with an entity
to evaluate the effectiveness of the home confinement program based on all of
the following:

1. The total number of eligible
inmates.

2. The total number of active
participants.

3. The total number of inmates that
returned to custody before completing the program.

G. An inmate who participates in the
home confinement program pursuant to this section shall be monitored by the
department through electronic monitoring surveillance, which may incorporate
wearable technology using mobile biometric authentication, for at least one
year or until the inmate becomes eligible for probation or community
supervision.

H. The department may order an inmate
to pay a monthly home confinement supervision fee in an amount that is
determined by the department unless, after determining the inability of the
inmate to pay the fee, the department requires payment of a lesser
amount. The supervising corrections officer shall monitor the
collection of the fee. Monies collected shall be deposited, pursuant to
sections 35-146 and 35-147, in the community corrections
enhancement fund established by section 31-418.

I. An inmate who is placed in the
home confinement program shall remain on inmate status and is subject to all of
the limits on rights and movement. If an inmate violates a condition
of the home confinement program, the department may revoke the home confinement
and return the inmate to the custody of the department to complete the term of
imprisonment as authorized by law.

J. If an inmate is arrested for a
subsequent felony offense that is committed while in the home confinement
program pursuant to this section, the department shall revoke the home
confinement and return the inmate to the custody of the department to complete
the term of imprisonment as authorized by law.

K. The ratio of supervising
corrections officers to supervisees in the home confinement program may not
exceed one officer for every fifty supervisees.

L. Inmates who do not reach their
tentative release date and who return to custody for technical violations while
participating in the home confinement program forfeit their TENtative release
and remain in custody until their earned release credit date.

M. This section applies to all of the
following:

1. from and after December 31, 2026
THROUGH march 31, 2027, Inmates who have six months remaining on their
sentence.

2. from and after March 31, 2027
THROUGH june 30, 2027, Inmates who have TWELVE months remaining on their
sentence.

3. from and after June 30, 2027,
Inmates who have eighteen months remaining on their sentence.
END_STATUTE

Sec. 3.
Retroactivity

This act applies retroactively to from
and after December 31, 1993.