HomeMy WebLinkAboutRES 03-11' RESOLUTION NO.03-11
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,PINAL AND MARICOPA COUNTIES,ARIZONA,
ESTABLISHING A HOME DETENTION PROGRAM FOR DRIVING UNDER THE
INFLUENCE OFFENDERS;REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY.
WHEREAS,state law under Arizona Revised Statutes Annotated ("A.R.S.")§
9-499.07(M)authorizes the City of Apache Junction to establish a home
detention program for persons sentenced to jail confinement under the
Driving Under the Influence ("DUI")provisions of A.R.S.§§ 28-1381,et
seq.or 28-1382,et seq.:and
WHEREAS,pursuant to A.R.S.§9-499.07(M),the Mayor and Council held a
public hearing on May 6,2003;and
WHEREAS,on such date,the Mayor and City Council found by a majority
vote of its full membership that a necessity exists for the program,
namely:1)budgetary restraints concerning DUI -related incarcerations
which,i f replaced by the home detention program,will result in
substantial jail cost savings to the City;and 2)reduction in jail
overcrowding and monitoring responsibilities;and
. WHEREAS,the presiding judge of the City of Apache Junction Magistrate
Court pursuant to A.R.S.§9-499.07(A)has communicated his approval to
the Mayor and City Council for implementation of this program.
NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City
of Apache Junction,Arizona,that:
Section 1.The Home Detention Program for DUI offenders is hereby
established pursuant to A.R.S.§§ 9-499.07(A)and (M)for the City
Magistrate Court.
Section 2.A person convicted of a DUI under A.R.S.§§28-1381,
et seq.,or 28-1382,et seq.,is eligible for participation in the Home
Detention Program if:
a)the participant is found by the City not to constitute a
risk to himself or herself or other persons;
b)the participant does not have a past history of violent
behavior;
RESOLUTION NO.03-11
PAGE 1 OF 3.,
c)the sentencing judge states at the time of sentencing the
person is eligible for the program;
d)the participant is employed in Pinal or Maricopa counties;
e)i f convicted and sentenced under A.R.S.§28-1381(1),the
participant first completed a minimum of twenty four (24)
consecutive hours in jail;
f)i f convicted under A.R.S.§§28-1381(K),or 28-1382(D)or
(F),the participant first completed a minimum of fifteen
(15)consecutive days in jail.
Section 3.Once accepted into the program by the Court,the
participant must comply with the following:
a)all of the provisions set forth in A.R.S.§9-499.07(C)
through (H):
b)testing at least once a day for alcoholic beverage or drug
use;
c)participation and completion in an alcohol or drug program
or both,accredited by the Department of Health Services or
the Pinal or Maricopa County Probation Department;
d)prohibition of associating with individuals detrimental to
the participant's success in the program;
e)all other terms of the imposed sentence and any other terms
deemed appropriate by the City Magistrate.
Section 4.The Court shall terminate participation in the program
and require the participant to complete the remaining jail sentence if:
1)the participant fails to successfully complete a court-
ordered alcohol or drug screening,counseling,educational
and treatment program pursuant to A.R.S.§§ 9-499.07(N),28-
1381(J) or (L),or 28-1382(E)or (G);
2)the Court finds the participant left the restricted premises
without permission of the Court or supervising authority
during a time the participant was ordered to be on the
premises;
3)the Mayor and City Council terminate the program by a
majority vote at a public hearing.
Section 5. 'The various City officers and employees are authorized
and directed to perform all acts necessary or desirable to give effect
to this resolution.
RESOLUTION NO.03-11
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PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA;THIS 6TH DAY OF MAY ,2003.
SIGNED AND ATTESTED TO THIS _Elk"DAY OF MAY ,2003.
DOUGLAS C EMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4 424
Richard J.STERN •-
City Attorney
RESOLUTION NO.03-11
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