Serving Your Sentence at Home: What Arizona's Home Confinement Rules Actually Allow

When someone is navigating the criminal justice system—whether before trial, after a conviction, or while serving a sentence—one of the most common questions the Flagstaff criminal defense lawyers at Griffen & Stevens Law Firm, PLLC hear is whether any portion of a sentence can be served at home. 

The answer to this depends on a specific set of legal and procedural factors, including the jurisdiction handling the case, the nature of the offense, and the stage of the proceedings. Below, we discuss what Arizona law currently provides.

What Is Home Confinement in Arizona?

Home confinement—also called home detention or home arrest—is an arrangement in which a defendant serves part or all of a sentence in a designated residence rather than in a jail or prison facility. It typically involves electronic monitoring, a GPS ankle bracelet, restrictions on movement, and regular check-ins with a supervising officer or agency.

It is important to understand that home confinement is not the same as being released without supervision. Courts and corrections agencies impose strict conditions, and a violation can result in immediate return to custody and additional charges. Think of it as supervised custody in a different location—not freedom.

Home Confinement at the County Level: Misdemeanor and Jail Sentences

For defendants serving county jail sentences—typically misdemeanors and lower-level felonies—home detention may be available under A.R.S. § 11-251.15, which authorizes counties to establish home detention programs for eligible sentenced prisoners. However, the statute gives counties discretion over whether to offer the program at all, meaning availability varies across Arizona.

Under the county-level framework, home detention is generally unavailable to defendants who:

• Pose a risk to themselves or the community
• Have a past history of violent behavior
• Were specifically excluded by the sentencing judge at the time of sentencing

Even within counties that offer programs, individual city courts may or may not participate. Coconino County courts, including those handling cases in Flagstaff and surrounding communities, apply their own eligibility screens. Understanding which programs apply to your specific case requires familiarity with local court practice—not just state statute.

This is true whether you are navigating a misdemeanor, exploring alternatives to bond and bail release in Arizona, or trying to understand the range of outcomes after a conviction.

Home Arrest for State Prison Sentences: A.R.S. § 41-1604.13

For defendants sentenced to the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR), home arrest is a post-incarceration option under existing administrative rules—not a universal right. The key statutory framework is A.R.S. § 41-1604.13, which historically permitted home arrest eligibility for inmates who had served at least six months of a non-dangerous felony sentence and met additional criteria.

Generally speaking, to be considered for ADCRR home arrest, a defendant must:

• Have served a qualifying minimum period of incarceration (typically at least six months)
• Have been convicted of a class 4, 5, or 6 felony that is not a dangerous offense
• Have no prior sex offense convictions
• Not have a prior felony conviction (for certain eligibility tracks)
• Be within a specified window of potential release

Serious felonies—including violent crimes, dangerous offenses, and offenses like those covered by the Dangerous Crimes Against Children statute—are categorically excluded. A defendant convicted of murder and serious felony defense, for example, would not be eligible.

2026 Legislative Developments: Arizona SB 1110 and Expanding the Program

In early 2026, the Arizona Legislature introduced SB 1110, which would amend Arizona law to formally establish a home confinement program with defined eligibility criteria, application procedures, victim notification requirements, and electronic monitoring conditions. The bill reflects broader interest in formalizing and potentially expanding home confinement options within the ADCRR system.

Under the 2026 proposal, eligible inmates would need to have served at least one year of their sentence, be within 18 months of any release, and meet the offense-category requirements. Importantly, victim input would be solicited and reviewed before any home confinement placement is approved. The department would have 90 days to evaluate a complete application.

This development matters for defendants and families thinking ahead about sentencing outcomes. If SB 1110 becomes law, it may expand home confinement eligibility to a broader class of offenders than current administrative rules allow—though the exclusions for dangerous offenses and DCAC convictions would remain.

If you are wondering what to do if you are being investigated for a crime or have already been charged, understanding how potential sentencing alternatives may change before your case resolves is part of building an informed defense strategy.

How Attorneys Negotiate for Home Confinement

Home confinement is rarely handed over automatically. In most cases, it is the result of advocacy—either during plea negotiations, at sentencing, or through post-conviction motions and applications. Attorneys who know the local judges, prosecutors, and probation officers can gauge what arguments are most likely to be persuasive in a given courtroom.

At the Plea Stage

When negotiating a plea agreement, the specific terms of any sentencing recommendation—including whether the prosecution will support or oppose home detention—can often be addressed directly. An agreement that includes a prosecution recommendation for home detention, or that is silent rather than opposed, gives the sentencing judge more flexibility.

At Sentencing

Even without a plea agreement, attorneys can present evidence supporting home confinement at the sentencing hearing. This may include stable employment, strong family support, community ties, limited criminal history, and compliance with any pretrial conditions. Judges have discretion within the applicable sentencing framework, and the quality of your presentation matters.

Post-Sentencing: ADCRR Applications

For defendants already serving state prison sentences, the pathway to home confinement runs through the ADCRR application process. Attorneys can assist with compiling documentation, submitting timely applications, and—if an application is denied—understanding whether any avenue of appeal or review exists.

Home confinement is one of several sentencing alternatives worth exploring in any criminal defense case. Whether it is available, and how aggressively to pursue it, depends on the facts. An early conversation with our legal team can clarify your options before the process moves forward.