12-67 Home Detention and Monitoring for Certain Offenders
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<![CDATA[CHAPTER 12-67HOME DETENTION AND MONITORING FOR CERTAIN OFFENDERS12-67-01. Definitions. As used in this chapter:1."Administrator" means the sheriff, chief of police, administrator, superintendent,<br>director, or other individual serving as the chief executive officer of a correctional<br>facility, as defined in section 12-44.1-01.2."Approved electronic monitoring device" means a global positioning system device<br>or other electronic monitoring device approved by the department or the<br>administrator which is primarily intended to actively or passively monitor, record, and<br>transmit confirmation of a participant's location or the participant's presence or<br>nonpresence in the home.3."Court" means the district or municipal court having criminal or juvenile jurisdiction<br>over a participant in electronic home detention or global positioning system<br>monitoring.4."Department" means the department of corrections and rehabilitation.5."Home detention" means the confinement of an individual adjudicated, convicted, or<br>charged with an offense to the individual's place of residence under the terms and<br>conditions established by the court, the administrator, or the department.6."Participant" means an adult or juvenile offender placed into an electronic monitoring<br>program.12-67-02. Application.1.For those offenders who are sentenced by the court to a term of imprisonment in a<br>county jail or regional correctional facility, the court may commit the offender to the<br>legal and physical custody of the administrator of the jail or correctional facility who<br>shall make the decision as to whether the use of electronic home detention or global<br>positioning system monitoring is appropriate for that offender.2.Except for an offense for which the law requires mandatory incarceration, electronic<br>home detention or global positioning system monitoring may be used for adult and<br>juvenile offenders as selected by the court, the administrator, the parole board, or<br>the department for adult offenders as an intermediate measure of supervised<br>probation, and for delinquent juvenile offenders in the custody of the division of<br>juvenile services as a condition of community placement. Electronic home detention<br>and global positioning system monitoring may be used for the following:a.Pretrial or preadjudicatory detention.b.Probation.c.Community corrections approved by the court.d.Parole.e.Work release under chapter 12-44.1 or approved by the parole board.f.Institutional release approved by the court or the parole board.g.County jail diversion approved by the court.Page No. 1h.Sex offender containment.12-67-03. Program description - Fees.1.Subject to the availability of funding, the department or a correctional facility subject<br>to chapter 12-44.1 may implement an electronic home detention and global<br>positioning system monitoring program.2.A participant may be required to remain within the interior premises or within the<br>property boundaries of the participant's residence at all times during the hours<br>designated by the court, the administrator, the parole board, or the department.<br>Instances of approved absences from the residence may include:a.Work or employment approved by the court, the administrator, the parole<br>board, or the department or traveling to or from approved employment;b.Unemployment and seeking employment approved for the participant by the<br>court, the administrator, the parole board, or the department;c.Medical, psychiatric, mental health treatment, counseling, or other treatment<br>programs approved for the participant by the court, the administrator, the parole<br>board, or the department;d.Attendance at an educational institution or a program approved for the<br>participant by the court, the administrator, the parole board, or the department;e.Attendance at a regularly scheduled religious service at a place of worship;f.Participation in a community work release or community service program<br>approved for the participant by the court, the administrator, the parole board, or<br>the department; org.For another compelling reason consistent with the public interest, as approved<br>by the court, the administrator, the parole board, or the department.3.A participant shall admit any individual or agent designated by the court, the<br>administrator, the parole board, or the department into the participant's residence at<br>any time for purposes of verifying the participant's compliance with the conditions of<br>the participant's detention.4.A participant shall make the necessary arrangements to allow for any individual or<br>agent as designated by the court, the administrator, the parole board, or the<br>department to visit the participant's place of education or employment at any time,<br>based upon the approval of the educational institution or employer, for the purpose<br>of verifying the participant's compliance with the conditions of the participant's<br>detention.5.A participant shall acknowledge and participate in the approved electronic<br>monitoring program as designated by the court, the administrator, the parole board,<br>or the department at any time for the purpose of verifying the participant's<br>compliance with the conditions of the participant's detention.6.A participant shall maintain the following:a.A monitoring device in the participant's residence or on the participant's person,<br>or both; andPage No. 2b.A working telephone in the participant's residence or in the absence of a<br>telephone a monitoring device in the participant's residence and on the<br>participant's person.7.A participant shall obtain approval from the court, the administrator, the parole<br>board, or the department before the participant changes residence or the schedule<br>described in subsection 2.8.The court, the administrator, the parole board, or the department shall inform a<br>participant that violation of the order for home detention may subject the participant<br>to prosecution or adjudication for the offense of escape from official detention.9.The court or the administrator shall assess to each participant the actual cost of the<br>electronic monitoring.The court or the administrator also shall assess to eachparticipant an administration fee of not more than five dollars per day which is to be<br>used to reimburse the sheriff or other law enforcement agency for the cost of<br>electronic monitoring enforcement services.10.A participant shall abide by other conditions as set by the court, the administrator,<br>the parole board, or the department.11.An approved electronic monitoring device may be used to record a conversation<br>between a participant and the monitoring device or the participant and the individual<br>supervising the participant solely for the purpose of identification and not for the<br>purpose of eavesdropping or conducting any other illegally intrusive monitoring.12-67-04.Consent of the participant.Before electronic home detention or globalpositioning system monitoring may be used, the court, the administrator, the parole board, or the<br>department shall inform the participant and other individuals residing in the residence of the<br>nature and extent of the approved electronic monitoring devices by securing the written consent<br>of the participant in the program and ensuring that the approved electronic devices be minimally<br>intrusive upon the privacy of the participant and other individuals residing in the residence.Page No. 3Document Outlinechapter 12-67 home detention and monitoring for certain offenders]]>