Authority of court to order; requirements; intensive supervision; use of electronic device; limitations.
1. If a person who has been placed on probation violates a condition of his probation, the court may order him to a term of residential confinement in lieu of causing the sentence imposed to be executed. In making this determination, the court shall consider the criminal record of the person and the seriousness of the crime committed.
2. In ordering the person to a term of residential confinement, the court shall:
(a) Direct that he be placed under the supervision of the Division;
(b) Require the person to be confined to his residence during the time he is away from his employment, community service or other activity authorized by the Division; and
(c) Require intensive supervision of the person, including, without limitation, unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.
3. An electronic device approved by the Division may be used to supervise a person ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the person’s presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the person’s activities while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the person’s activities while inside his residence,
Ê must not be used.
4. The court shall not order a person to a term of residential confinement unless he agrees to the order.
5. A term of residential confinement may not be longer than the maximum term of a sentence imposed by the court.
Last modified: February 25, 2006