Corrections, policy and procedure, home monitoring.

Adeline Cienfuegos, Calvin Coker, and Kenny Early, inmates of the Arizona Department of Corrections, appeal a decision of a lower court concerning their status with the corrections system. The three were re-assigned to the Home Arrest Program by the Board of Pardons and Parole contingent upon their agreement to abide by the Conditions of Supervision. The three inmates signed the agreement with full knowledge that if they were to leave their residences it would constitute an unauthorized absence - an indictable offense. The three individuals violated the agreement and were indicted on a charge of Second Degree, Class 5 felony escape. The defendants challenged the legality of the indictment on the grounds that a person under home arrest is not in a correctional facility and therefore are parolees, not prison inmates.

The Maricopa Superior Court denied the defendants motion to dismiss the criminal indictment under the language of Arizona Revised Statutes which defines a "correctional facility as any place used for the confinement or control of a person."

Cienfuegos, et. al. lose. The Arizona Court of Appeals affirmed the decision of the Superior Court. The court held that the trial courts did not abuse their discretion by denying the defendant's motion to dismiss.