Sec. 5-8A-4. Program description.
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Sec. 5-8A-4. Program description. The supervising authority may promulgate rules that prescribe reasonable guidelines under which an electronic monitoring and home detention program shall operate. When using electronic monitoring for home detention these rules may include, but not be limited to, the following:
(A)The participant may be instructed to remain within the interior premises or within
the property boundaries of his or her residence at all times during the hours designated by the supervising authority. Such instances of approved absences from the home shall include, but are not limited to, the following:
(1)working or employment approved by the court or traveling to or from approved
employment;
(2)unemployed and seeking employment approved for the participant by the court;
(3)undergoing medical, psychiatric, mental health treatment, counseling, or other
treatment programs approved for the participant by the court;
(4)attending an educational institution or a program approved for the participant
by the court;
(5)attending a regularly scheduled religious service at a place of worship;
(6)participating in community work release or community service programs approved
for the participant by the supervising authority;
(7)for another compelling reason consistent with the public interest, as approved
by the supervising authority; or
(8)purchasing groceries, food, or other basic necessities.
(A-1) At a minimum, any person ordered to pretrial home confinement with or without
electronic monitoring must be provided with movement spread out over no fewer than two days per week, to participate in basic activities such as those listed in paragraph (A). In this subdivision (A-1), "days" means a reasonable time period during a calendar day, as outlined by the court in the order placing the person on home confinement.
(B)The participant shall admit any person or agent designated by the supervising
authority into his or her residence at any time for purposes of verifying the participant's compliance with the conditions of his or her detention.
(C)The participant shall make the necessary arrangements to allow for any person or
agent designated by the supervising authority to visit the participant's place of education or employment at any time, based upon the approval of the educational institution employer or both, for the purpose of verifying the participant's compliance with the conditions of his or her detention.
(D)The participant shall acknowledge and participate with the approved electronic
monitoring device as designated by the supervising authority at any time for the purpose of verifying the participant's compliance with the conditions of his or her detention.
(E)The participant shall maintain the following:
(1)access to a working telephone;
(2)a monitoring device in the participant's home, or on the participant's person,
or both; and
(3)a monitoring device in the participant's home and on the participant's person in
the absence of a telephone.
(F)The participant shall obtain approval from the supervising authority before the
participant changes residence or the schedule described in subsection
(A)of this Section. Such approval shall not be unreasonably withheld.
(G)The participant shall not commit another crime during the period of home detention
ordered by the Court.
(H)Notice to the participant that violation of the order for home detention may subject
the participant to prosecution for the crime of escape as described in Section 5-8A-4.1.
(I)The participant shall abide by other conditions as set by the supervising authority.
The supervising authority shall adopt rules to immediately remove all approved electronic monitoring devices of a pregnant participant during labor and delivery.
This Section takes effect January 1, 2022.