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.
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.
