HomeMy WebLinkAboutORD1466ORDINANCE NO. 1466
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AMENDING APACHE JUNCTION
CITY CODE,VOLUME I,CHAPTER 5:MUNICIPAL COURT,
ARTICLE 5-1,MUNICIPAL COURT,BY ADDING SECTION 5-1-11,
HOME DETENTION CONTINUOUS ALCOHOL MONITORING PROGRAM,
REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the City of Apache Junction ("City")budgets each
year in excess of $290,000.00 for jail costs relating to
incarceration of misdemeanants it prosecutes; and
WHEREAS,the first day of jail confinement at the Pinal
County Jail costs the city $193.83 and $72.30 for each additional
day; and
WHEREAS,the City must ,pay for manpower,gas,jail van
maintenance in the approximate amount of $100 for one jail
delivery task with a minimum time involvement of at least three
hours travel time to and from Florence and intake processing; and
WHEREAS,Arizona Revised Statutes ("A.R.S.")§9-499.07
allows a city or town to establish a home detention program with
electronic monitoring in lieu of jail confinement for eligible
sentenced prisoners; and
WHEREAS, home detention coupled with treatment and electronic
monitoring in certain cases can be an effective alternative to
incarceration necessitated by the steadily rising jail costs and
by the unique circumstances facing particular prisoners,which
make home detention a suitable form of punishment for these
prisoners; and
WHEREAS,before implementation,the city magistrate shall
approve the program and provide a recommendation to the mayor and
city council for adoption; and
WHEREAS,the city magistrate indicated his recommendation of
approval of this program to the mayor and city council on November
5, 2018 at a city work session; and
WHEREAS,such program may be used at the discretion of the
sentencing judge in individualized cases solely for eligible
persons; and
WHEREAS, the mayor and city council held a public hearing on
these recommended code changes on November 20, 2018.
NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
ORDINANCE NO. 1466
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OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
The Apache Junction City Code,Volume I,Chapter 5,Municipal
Court,Article 5-1,Municipal Court,is hereby amended by adding
new Section 5-1-11,Home Detention Continuous Alcohol Monitoring
Program,in its entirety, to read as follows:
APACHE JUNCTION CITY CODE:§5-1-11,Home detention and
continuous alcohol monitoring
A.As authorized by Arizona Revised Statutes ("A.R.S.")§9-
499.07,if a person is sentenced to jail confinement by the
municipal court,the court may substitute home detention or
continuous alcohol monitoring, or both, for a portion of the jail
term as provided in this section.
B.A person is not eligible for home detention or continuous
alcohol monitoring when substituted for jail if any of the
following apply:
1.The person constitutes a risk to himself or other members of
the community.
2.The person has a history of violent behavior.
3.The conviction for which the person is being sentenced is a
domestic violence offense pursuant to A.R.S. § 13-3601.
4.The conviction for which the person is being sentenced is an
act of prostitution or solicitation pursuant to A.R.S. § 13-3214.
C.Any person placed on home detention or continuous alcohol
monitoring must serve an initial one day in jail,except as
provided in subsection (D)below. The person shall pay the cost
of incarceration.
D.If the person is sentenced under A.R.S.§28-1381(K)or
A.R.S. § 28-1382(D) or (E), the person must first serve a minimum
of twenty percent (20%)of the initial term of incarceration in
jail before being placed under home detention or continuous
alcohol monitoring.
E.A person placed under home detention shall be subject to
electronic monitoring in the person's home and shall be required
to remain at home during the hours specified by the court.If a
person is sentenced under A.R.S.§§28-1381 or 28-1382,the
person shall be tested at least once daily for the use of alcohol
or drugs in a manner approved by the court.
ORDINANCE NO. 1466
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F.If the person attends educational classes or is employed,
the court may permit the person to attend classes or leave home
for employment during specified hours. The court may permit the
person to also attend religious services,funerals,or seek
medical care.
G.The court may require a person under home detention to
participate in community restitution work or impose other
reasonable requirements or restrictions the court deems
necessary.
H.A person under home detention or continuous alcohol
monitoring shall be required to pay the full cost of the
electronic monitoring and alcohol or drug testing plus
administrative fees established by the presiding magistrate. The
court may assess a lesser amount based on the ability of the
person to pay after income verification is confirmed.
I.The court shall terminate a person's home detention or
continuous alcohol monitoring and require the person to complete
the remaining term of the jail sentence by jail confinement if
the court finds the person has not successfully completed court-
ordered alcohol or drug screening and treatment pursuant to
A.R.S. §§ 28-1381 or 28-1382,or the person has improperly left
the home during home detention,or failed to comply with the
continuous alcohol monitoring program requirements. The court may
terminate a person's home detention or continuous alcohol
monitoring and require jail confinement for any other violation
of the terms of the home detention or continuous alcohol
monitoring order.
J.The court may use continuous alcohol monitoring alone or in
conjunction with any other sentence requirements as a term of
probation.
K.A person who is in program pursuant to this ordinance shall
bear the cost of all testing,monitoring and enrollment in the
program and pay thirty dollars per month while in the program,
unless,after determining the inability of the prisoner to pay
the cost, the court assesses a lesser amount. The court shall use
the collected monies to offset operational costs of the program.
L.All other provisions of A.R.S. § 9-499.07 shall be followed
by the court if not already stated above.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All other ordinances and parts of ordinances in conflict with the
provisions of this ordinance or in conflict with any part of the
code adopted herein by reference are also hereby repealed.
ORDINANCE NO. 1466
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SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance,or any part of the code adopted herein by
reference is for any reason held to be invalid,pre-empted or
unconstitutional by the decision of any court of competent
jurisdiction, such decisions shall not affect the validity of the
remaining portions thereof.
SECTION IV ESTABLISHING AN EFFECTIVE DATE
The provisions of this ordinance shall take effect on January 1,
2019.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS leg DAY OF /\)Dv nea.6=4E._, 2018.
SIGNED AND ATTESTED TO THIS WI-DAY OF , 2018.
JEFF S
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
#15 ig
R. JOEL STERN
City Attorney
ORDINANCE NO. 1466
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