§ 9-15-217. Order of protection — Violations — Domestic violence surveillance program — Global positioning devices — Definition

(a)

1. (1)

   1. (A) A person who is charged with violating an ex parte order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated.

   2. (B) A person who is charged with violating a final order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated.

2. (2) The court having jurisdiction over the charge may order the defendant released from electronic surveillance before the adjudication of the charge.

(b) A person who is found guilty of violating an order of protection may be placed under electronic surveillance at his or her expense as part of his or her sentence for a minimum of four (4) months but not to exceed one (1) year.

(c) As used in this section, “electronic surveillance” means active surveillance technology worn by or attached to a person that is a single-piece device that immediately notifies law enforcement or other monitors of a violation of the distance requirements or locations that the defendant is barred from entering and may also include technology that:

1. (1) Immediately notifies the victim of any violation;

2. (2) Allows law enforcement or monitors to speak to the offender in some manner through or in conjunction with the device;

3. (3) Has a loud alarm that can be activated to warn the potential victim of the offender’s presence in a place he or she is barred from entering;

4. (4) Is waterproof; and

5. (5) Can be tracked by either satellite or cellular phone tower triangulation.