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CHAPTER 12-67
HOME DETENTION AND MONITORING FOR CERTAIN OFFENDERS
12-67-01. Definitions.
As used in this chapter:
1. "Administrator" means the sheriff, chief of police, administrator, superintendent,
director, or other individual serving as the chief executive officer of a correctional
facility, as defined in section 12-44.1-01.
2. "Approved electronic monitoring device" means a global positioning system device or
other electronic monitoring device approved by the department or the administrator
which is primarily intended to actively or passively monitor, record, and transmit
confirmation of a participant's location or the participant's presence or nonpresence in
the home.
3. "Court" means the district or municipal court having criminal or juvenile jurisdiction
over a participant in electronic home detention or global positioning system monitoring.
4. "Department" means the department of corrections and rehabilitation.
5. "Home detention" means the confinement of an individual adjudicated, convicted, or
charged with an offense to the individual's place of residence under the terms and
conditions established by the court, the administrator, or the department.
6. "Participant" means an adult or juvenile offender placed into an electronic monitoring
program.
12-67-02. Application.
1. For those offenders who are sentenced by the court to a term of imprisonment in a
county jail or regional correctional facility, the court may commit the offender to the
legal and physical custody of the administrator of the jail or correctional facility. Except
in cases in which the law requires mandatory incarceration and does not allow for
electronic home detention or global positioning system monitoring, the administrator of
the jail or correctional facility shall make the decision as to whether the use of
electronic home detention or global positioning system monitoring is appropriate for
that offender.
2. Electronic home detention or global positioning system monitoring may be used for
adult and juvenile offenders as selected by the court, the administrator, the parole
board, or the department for adult offenders as an intermediate measure of supervised
probation, and for delinquent juvenile offenders in the custody of the division of
juvenile services as a condition of community placement. Electronic home detention
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. Sex offender containment.
3. If not otherwise prohibited by law, the administrator may use electronic home detention
or global positioning system monitoring for an offender if required due to medical
needs of the offender or to prevent overcrowding in the county jail or regional
correctional facility.
4. If the law requires mandatory incarceration and does not allow for electronic home
detention or global positioning system monitoring, the court order must expressly
prohibit electronic home detention and global positioning system monitoring.
5. Notwithstanding any other provision of law, an offender who has pled guilty or nolo
contendere to, or has been found guilty of a felony under section 14-09-22, is not
eligible for electronic home detention or home-based global positioning system
monitoring if a minor is present in the home.
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12-67-03. Program description - Fees.
1. Subject to the availability of funding, the department or a correctional facility subject to
chapter 12-44.1 may implement an electronic home detention and global positioning
system monitoring program.
2. A participant may be required to remain within the interior premises or within the
property boundaries of the participant's residence at all times during the hours
designated by the court, the administrator, the parole board, or the department.
Instances of approved absences from the residence may include:
a. Work or employment approved by the court, the administrator, the parole board,
or the department or traveling to or from approved employment;
b. Unemployment and seeking employment approved for the participant by the
court, the administrator, the parole board, or the department;
c. Medical, psychiatric, mental health treatment, counseling, or other treatment
programs approved for the participant by the court, the administrator, the parole
board, or the department;
d. Attendance at an educational institution or a program approved for the 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
approved for the participant by the court, the administrator, the parole board, or
the department; or
g. For another compelling reason consistent with the public interest, as approved 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
administrator, the parole board, or the department into the participant's residence at
any time for purposes of verifying the participant's compliance with the conditions of
the participant's detention.
4. A participant shall make the necessary arrangements to allow for any individual or
agent as designated by the court, the administrator, the parole board, or the
department 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 the participant's detention.
5. A participant shall acknowledge and participate in the approved electronic monitoring
program as designated by the court, the administrator, the parole board, or the
department at any time for the purpose of verifying the participant's 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,
or both; and
b. A working telephone in the participant's residence or in the absence of a
telephone a monitoring device in the participant's residence and on the
participant's person.
7. A participant shall obtain approval from the court, the administrator, the parole board,
or the department before the participant changes residence or the schedule described
in subsection 2.
8. The court, the administrator, the parole board, or the department shall inform a
participant that violation of the order for home detention may subject the participant 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
electronic monitoring. The court or the administrator also shall assess to each
participant an administration fee of not more than five dollars per day which is to be
used to reimburse the sheriff or other law enforcement agency for the cost of electronic
monitoring enforcement services.
10. A participant shall abide by other conditions as set by the court, the administrator, the
parole board, or the department.
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11.
An approved electronic monitoring device may be used to record a conversation
between a participant and the monitoring device or the participant and the individual
supervising the participant solely for the purpose of identification and not for the
purpose of eavesdropping or conducting any other illegally intrusive monitoring.
12-67-04. Consent of the participant.
Before electronic home detention or global positioning system monitoring may be used, the
court, the administrator, the parole board, or the department shall inform the participant and
other individuals residing in the residence of the nature and extent of the approved electronic
monitoring devices by securing the written consent of the participant in the program and
ensuring that the approved electronic devices be minimally intrusive upon the privacy of the
participant and other individuals residing in the residence.
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