House approves electronic monitoring option for some DUI sentences

The Utah House approved legislation authorizing courts to impose electronic monitoring and home confinement as an alternative or supplement to incarceration for some driving-under-the-influence offenders.

Representative Laura B. Stephens, sponsor of House Bill 19, described the measure as a product of a multi-stakeholder DUI task force and said similar programs operate in 33 states. She said studies suggest electronic monitoring reduces recidivism; "in a study of the Los Angeles County electronic monitoring program, the recidivism rate for offenders was cut by about 33 percent," she said.

Under the bill, judges may require a minimum of 15 days of home confinement with electronic monitoring for a first DUI conviction and not less than 30 days for a second or subsequent offense. The court may also require breathalyzer-capable monitoring and set allowable travel for work or education. The equipment and monitoring fees are to be paid by the offender, though courts may waive costs for indigent defendants.

Representative Hogue and others asked how alcohol detection would be implemented and whether additional costs would apply. Stephens said those devices would be part of the monitoring system when ordered by the court and, like other monitoring costs, would be offender-funded; the court could arrange in-home breathalyzer units or call-in checks linked to monitoring technology.

Supporters argued the program saves jail space and allows offenders to keep jobs. Representative Cox said alternative sentencing is needed given jail- and prison-bed pressures; Stephens and others cited examples where monitoring saved jail costs and reduced repeat offenses. After debate, the House passed HB 19 by voice/recorded vote (71-0) and referred it to the Senate for consideration.