41-6a-506 - Electronic monitoring requirements for certain driving under the influence violations.
41-6a-506. Electronic monitoring requirements for certain driving under theinfluence violations.
(1) If the court orders a person to participate in home confinement through the use ofelectronic monitoring, the electronic monitoring shall alert the appropriate corrections, probationmonitoring agency, law enforcement units, or contract provider of the defendant's whereabouts.
(2) The electronic monitoring device shall be used under conditions which require:
(a) the person to wear an electronic monitoring device at all times;
(b) that a device be placed in the home or other specified location of the person, so thatthe person's compliance with the court's order may be monitored; and
(c) the person to pay the costs of the electronic monitoring.
(3) The court shall order the appropriate entity described in Subsection (5) to place anelectronic monitoring device on the person and install electronic monitoring equipment in theresidence of the person or other specified location.
(4) The court may:
(a) require the person's electronic home monitoring device to include a substance abusetesting instrument;
(b) restrict the amount of alcohol the person may consume during the time the person issubject to home confinement;
(c) set specific time and location conditions that allow the person to attend schooleducational classes, or employment and to travel directly between those activities and theperson's home; and
(d) waive all or part of the costs associated with home confinement if the person isdetermined to be indigent by the court.
(5) The electronic monitoring described in this section may either be administereddirectly by the appropriate corrections agency, probation monitoring agency, or by contract with aprivate provider.
(6) The electronic monitoring provider shall cover the costs of waivers by the court underSubsection (4)(d).
Enacted by Chapter 2, 2005 General Session