HomeMy WebLinkAbout04/10/2007 Blue Sheet Home Detention Program for DUI Offenders
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: April 10, 2007
AGENDA ITEM:
D.3
TO: MAYOR AND COUNCIL
FROM: Jane Fairall, Deputy Town Attorney
SUBJECT: Discussion and direction regarding proposed amend-
ments to Title 5 (Municipal Court), establishing a home detention
program for DUI offenders.
DISCUSSION
Under A.R.S. ~ 9-499.07, the Town Council is authorized to establish a home detention program
for people sentenced to jail for driving under the influence (DUI) offenses. The Council must
first hold a public hearing on the issue and make a finding of necessity for the program.
A.R.S. ~ 9-499.07 sets forth strict requirements for the program. These requirements include:
. payment of all costs for the program by the prisoner
. a finding by the court that the prisoner is neither a threat to himself or other members of
the community, nor has a past history of violent behavior
. mandatory alcohol and/or drug testing and counseling
. monitoring of prisoners, either by electronic or other means
. a requirement that the prisoner first serve a minimum jail sentence before being placed
on home detention
The Town of Marana pays Pima County for the cost of inmate booking and housing rates for the
Pima County Adult Detention Center. Currently those rates are set at $166.28 for booking and
$57.46 per day for housing. For fiscal year 2007-2008, the booking rate will be reduced by 20
cents to $166.08, while the housing rate will be increased to $62.79 per day. Use ofa home de-
tention program in appropriate cases, particularly in those cases where a defendant has a prior
DUI conviction and is facing a minimum mandatory sentence of 30 to 60 days in jail, would re-
sult in a savings to the Town in jail costs.
Staff requests feedback and direction from Council concerning the proposed Municipal Court
prOVISIOns.
{00004388.DOC I}
ATTACHMENTS
Draft ordinance amending Marana Town Code Title 5 (Municipal Court), establishing a home
detention program for DUI offenders.
REQUESTED ACTION
Feedback and direction from Council at its discretion.
SUGGESTED MOTION
I move that we direct staff to bring back to the Council for public hearing and adoption the pro-
posed amendments to the Town Code Municipal Court provisions (Town Code Title 5).
{00004388.DOC /}
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MARANA ORDINANCE NO. 2007.xx
RELATING TO MUNICIPAL COURT; ESTABLISHING A HOME DETENTION PROGRAM
FOR DUI OFFENDERS; AMENDING MARANA TOWN CODE, TITLE 5, BY ADDING
SECTION 5-8 ENTITLED "HOME DETENTION PROGRAM"; AND DESIGNATING AN
EFFECTIVE DATE.
WHEREAS the Town Council is authorized by A.R.S. S9-499.07(M) to establish a home
detention program for offenders sentenced to jail confinement under A.R.S. SS28-1381 (Driving
Under the Influence) or 28-1382 (Extreme Driving Under the Influence); and
WHEREAS in order to establish a home detention program for DUI offenders, the Town
Council must first hold a public hearing and make a finding of necessity for the program; and
WHEREAS the Town Council held a public hearing on this matter on
; and
WHEREAS the Town Council finds that the establishment of a home detention program
will reduce the Town's jail costs and that only those offenders who do not pose a risk to public
safety will be allowed to participate in the home detention program, the Town Council has de-
termined that a necessity for the home detention program does exist; and
WHEREAS the Town Council finds that the home detention program established by this
ordinance is necessary for the public health, safety and general welfare of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Title 5 of the Marana Town Code is hereby revised by adding section 5-8
entitled "Home Detention Program" as follows:
Section 5-8 Home detention program
There is hereby established in the municipal court a home detention program for
offenders who are sentenced to jail confinement under A.R.S. SS 28-1381 and
28-1382. The home detention program is governed by the provisions of A.R.S.
S9-499.07, subsection M through subsection R, and will be administered in com-
pliance with those provisions.
SECTION 2. This Ordinance shall become effective on the 1st day of July, 2007.
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PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this _ day of ,2007.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
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