§ 16-93-708 - Home detention.
16-93-708. Home detention.
(a) "Approved electronic monitoring or supervising device" means any electronic device approved by the Board of Corrections which meets the minimum Federal Communications Commission regulations and requirements, and which is limited in capability to recording or transmitting information as to the criminal defendant's presence in the home.
(b) (1) (A) Subject to the provisions of subdivision (b)(2) of this section, a defendant convicted of a felony or misdemeanor and sentenced to imprisonment may be incarcerated in a home detention program when:
(i) In the independent opinions of a prison physician and a consultant physician from the community, a person who is incarcerated in the Department of Correction or Department of Community Correction has an incurable illness which on the average will result in death within twelve (12) months; or
(ii) A person who is incarcerated in the Department of Correction or Department of Community Correction is permanently physically or mentally incapacitated to the degree that the community criteria are met for placement in a nursing home, rehabilitation facility, or setting providing a similar level of care.
(B) The Director of the Department of Correction or the Director of the Department of Community Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Parole Board for consideration of early release to home detention.
(2) The Board of Corrections shall promulgate rules that will establish policy and procedures for incarceration in a home detention program.
(c) (1) In all instances where the department may release any inmate to community supervision, in addition to all other conditions which may be imposed by the department, the department may require the criminal defendant to participate in a home detention program.
(2) (A) The term of the home detention shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced.
(B) The length of time the defendant participates in a home detention program and any good-time credit awarded shall be credited against the defendant's sentence.
(d) The Board of Corrections shall establish policy and procedures for participation in a home detention program, including, but not limited to, program criteria, terms, and conditions of release.