§ 9-16. Home detention and electronic monitoring program.

If a person is sentenced to jail confinement by the city court pursuant to A.R.S. § 28-1381 or § 28-1382, the judge may substitute home detention and electronic monitoring for a portion of the jail term as provided in this section.

(1)

Definitions.

a.

Electronic monitoring device means equipment able to confirm continuously the location of the person to whom it is issued.

b.

Home detention and electronic monitoring program means a sentence that allows a person to be released from jail, but requires the person to wear an electronic monitoring device and conform to court ordered requirements.

c.

Provider means a person that has entered into a contract with the City of Scottsdale to provide the following services:

1.

Issuance of electronic monitoring devices;

2.

Continual monitoring of electronic monitoring devices; and

3.

Furnishing of testing for alcohol and/or drug use.

(2)

Eligibility. A person is eligible for the home detention and electronic monitoring program if:

a.

The person is eligible under A.R.S. § 9-499.07, and

b.

The person is sentenced under A.R.S. § 28-1381 or § 28-1382 and has satisfied the requirements of those sections, including any mandatory minimum jail sentence.

c.

The judge states at the time of sentencing that the person is eligible for the home detention and electronic monitoring program.

d.

The person does not constitute a risk to himself or other members of the community.

e.

The person does not have a history of violent behavior.

(3)

Committee required.

a.

A committee shall be appointed to recommend appropriate community restitution work for the home detention and electronic monitoring program.

b.

The committee shall include members of the city court, police department, city attorney's office, member of the defense bar and parks and recreation department.

(4)

Provider required. Before any person may participate in the home detention and electronic monitoring program, the City shall have entered into a contract with one (1) or more providers to implement the home detention and electronic monitoring program and the provider is subject to contractual language regarding notification and requirements set forth in the contract.

(5)

Requirements of the home detention and electronic monitoring program.

a.

Except as provided in subsection (6) below, a person participating in the home detention and electronic monitoring program shall, as specified by the city court, comply with A.R.S. § 9-499.07.

b.

The city court shall require the person to pay the fees set forth in A.R.S. § 9-499.07 unless the city court finds that the person is unable to pay some or all of the fees.

c.

A person shall serve any statutorily required minimum sentence in jail before placement in the home detention and electronic monitoring program.

d.

Except as provided in subsection (6) below, a person shall remain at home during the hours specified by the city court.

e.

A person shall submit to drug and alcohol testing as directed by the city court.

(6)

Exemptions from the requirements of the home detention and electronic monitoring program. As specified by, and with prior approval of, the city court, the city court may allow a person participating in the home detention and electronic monitoring program to:

a.

Be employed outside the home;

b.

Conduct community restitution work;

c.

Attend classes at accredited educational institutions;

d.

Attend funerals and religious services; and

e.

Attend medical appointments.

(7)

Terminating participation in the home detention and electronic monitoring program.

a.

The city court shall terminate a person's participation in the home detention and electronic monitoring program, and require the person to complete the jail sentence, if the city court finds:

1.

The person failed to successfully complete a city court ordered program.

2.

The person left the premises without permission of the city court or supervising authority during a time the person is ordered to be on the premises.

b.

At any other time the city court may terminate a person's participation in the home detention and electronic monitoring program.

c.

The city court shall take action within five (5) days upon receiving notice that a person is not eligible for the home detention and electronic monitoring program or has violated any of the requirements of the home detention and electronic monitoring program.

d.

Upon termination, the person shall complete the remaining term of the jail sentence by jail confinement.

(Ord. No. 3891, § 1, 4-27-10; Ord. No. 3997, § 1, 1-24-12)