47-5-1007 - Payment of monthly fee by participant who is employed; special fund; responsibilities of participant; notice regarding violation of detention. [Repealed effective after June 30, 2012].
§ 47-5-1007. Payment of monthly fee by participant who is employed; special fund; responsibilities of participant; notice regarding violation of detention. [Repealed effective after June 30, 2012].
(1) Any participant in the intensive supervision program who engages in employment shall pay a monthly fee to the department for each month such person is enrolled in the program. The department may waive the monthly fee if the offender is a full-time student or is engaged in vocational training. Money received by the department from participants in the program shall be deposited into a special fund which is hereby created in the State Treasury. It shall be used, upon appropriation by the Legislature, for the purpose of helping to defray the costs involved in administering and supervising such program. Unexpended amounts remaining in such special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in such special fund shall be deposited to the credit of the special fund.
(2) The participant shall admit any correctional officer into his residence at any time for purposes of verifying the participant's compliance with the conditions of his detention.
(3) The participant shall make the necessary arrangements to allow for correctional officers to visit the participant's place of education or employment at any time, based upon the approval of the educational institution or employer, for the purpose of verifying the participant's compliance with the conditions of his detention.
(4) The participant shall acknowledge and participate with the approved electronic monitoring device as designated by the department at any time for the purpose of verifying the participant's compliance with the conditions of his detention.
(5) The participant shall be responsible for and shall maintain the following:
(a) A working telephone line in the participant's home;
(b) A monitoring device in the participant's home, or on the participant's person, or both; and
(c) A monitoring device in the participant's home and on the participant's person in the absence of a telephone.
(6) The participant shall obtain approval from the correctional field officer before the participant changes residence.
(7) The participant shall not commit another crime during the period of home detention ordered by the court or department.
(8) Notice shall be given to the participant that violation of the order of home detention shall subject the participant to prosecution for the crime of escape as a felony.
(9) The participant shall abide by other conditions as set by the department.
Sources: Laws, 1993, ch. 576, § 4, eff from and after July 1, 1993; reenacted without change, Laws, 1999, ch. 539, § 4, eff from and after July 1, 1999; reenacted without change, Laws, 2001, ch. 482, § 4; reenacted without change, Laws, 2003, ch. 418, § 4; reenacted without change, Laws, 2005, ch. 485, § 5; reenacted without change, Laws, 2006, ch. 392, § 4; reenacted and amended, Laws, 2008, ch. 479, § 4, eff from and after passage (approved Apr. 10, 2008.)