(a) As used in this section, "approved electronic monitoring or supervising device" means a device described in § 16-93-708(a).
(b) (1) (A) Subject to the provisions of subdivision (b)(2) of this section, an inmate serving a sentence in the Department of Correction may be released from incarceration if the:
(i) Sentence was not the result of a jury or bench verdict;
(ii) Inmate has served one hundred twenty (120) days of his or her sentence;
(iii) Inmate has an approved parole plan;
(iv) Inmate does not have a prior felony conviction for a sex offense or for a felony offense that involved the use or threat of violence or bodily harm;
(v) Inmate was sentenced from a cell in the sentencing guidelines with:
(a) An incarceration range of thirty-six (36) months or less; or
(b) A presumptive sentence of probation;
(vi) Conviction is for a Class C or Class D felony;
(vii) Conviction is not for a crime of violence, regardless of felony level;
(viii) Conviction is not a sex offense, including failure to register as a sex offender under § 12-12-906, regardless of felony level;
(ix) Conviction is not for manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401;
(x) Conviction is not for possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443, if the conviction is a Class C felony or higher;
(xi) Conviction is not for a crime involving the use or threat of violence or bodily harm;
(xii) Conviction is not for a crime that resulted in a death; and
(xiii) Inmate has not previously failed a drug court program.
(B) The Director of the Department of Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Parole Board for consideration of electronic monitoring.
(2) The Board of Corrections shall promulgate rules that will establish policy and procedures for an electronic monitoring program.
(c) (1) An inmate released from incarceration on parole under this section shall be supervised by the Department of Community Correction using electronic monitoring until the inmate's transfer eligibility date or for at least ninety (90) days of full compliance by the inmate, whichever is sooner.
(2) (A) The term of electronic monitoring shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced.
(B) The length of time the defendant participates in an electronic monitoring program and any good-time credit awarded shall be credited against the defendant's sentence.
Section: Previous 16-93-702 16-93-703 16-93-704 16-93-705 16-93-706 16-93-708 16-93-709 16-93-710 16-93-711 16-93-712 16-93-713 16-93-714 NextLast modified: November 15, 2016