§62-11B-1. Short Title
This article may be cited as the "Home Incarceration Act."
§62-11B-10. Information to Be Provided Law-Enforcement Agencies
A probation department charged by a circuit court or a supervisor or sheriff charged by a magistrate with supervision of offenders ordered to undergo home incarceration shall provide all law-enforcement agencies having jurisdiction in the place where the probation department or the office of the supervisor or sheriff is located with a list of offenders […]
§62-11B-11. Discretion of the Court; Provisions of Article Not Exclusive
(a) Home incarceration pursuant to the provisions of this article may be imposed at the discretion of the circuit court or magistrate court as an alternative means of incarceration for any offense. Except for offenses for which the penalty includes mandatory incarceration, home incarceration may not be considered an exclusive means of alternative sentencing. (b) […]
§62-11B-12. Supervision of Home Incarceration by Circuit Court
(a) Notwithstanding any provision of this code to the contrary, in any case where a person has been ordered to home incarceration where that person is not in the custody or control of the Division of Corrections, the circuit court shall have the authority of the board of probation and parole regarding the release, early […]
§62-11B-13. Home Incarceration for Municipal Court Offenders
Notwithstanding any provision of this article to the contrary, when a person is convicted under a municipal ordinance for which a period of incarceration may be imposed, the municipal court may enter an order for home incarceration as an alternative sentence to incarceration in a county or regional jail. A home incarceration sentence ordered by […]
§62-11B-2. Applicability
This article applies to adult offenders and to juveniles who have committed a delinquent act that would be a crime if committed by an adult.
§62-11B-3. Definitions
As used in this article: (1) "Home" means the actual living area of the temporary or permanent residence of an offender. The term includes, but is not limited to, a hospital, health care facility, hospice, group home, residential treatment facility and boarding house.
§62-11B-4. Home Incarceration; Period of Home Incarceration; Applicability
(a) As a condition of probation or bail or as an alternative sentence to another form of incarceration for any criminal violation of this code over which a circuit court has jurisdiction, a circuit court may order an offender confined to the offender's home for a period of home incarceration. As an alternative sentence to […]
§62-11B-5. Requirements for Order for Home Incarceration
An order for home incarceration of an offender under section four of this article is to include, but not be limited to, the following: (1) A requirement that the offender be confined to the offender's home at all times except when the offender is:
§62-11B-6. Circumstances Under Which Home Incarceration May Not Be Ordered; Exceptions
(a) A circuit court or magistrate may not order home incarceration for an offender unless the offender agrees to abide by all of the requirements set forth in the court's order issued under this article. (b) A circuit court or magistrate may not order home incarceration for an offender who is being held under a […]
§62-11B-7. Home Incarceration Fees; Special Fund
All home incarceration fees ordered by the circuit court or a magistrate pursuant to subdivision (7), section five of this article are to be paid to the county sheriff. The county sheriff is to establish a special fund designated the home incarceration services fund, in which the sheriff is to deposit all home incarceration fees […]
§62-11B-7a. Employment by County Commission of Home Incarceration Supervisors; Authority of Supervisors
The county commission may employ one or more persons with the approval of the circuit court and who shall be subject to the supervision of the sheriff as a home incarceration supervisor or may designate the county sheriff to supervise offenders ordered to undergo home incarceration and to administer the county's home incarceration program. Any […]
§62-11B-7b. Home Incarceration Supervisors Deemed Qualified Law-Enforcement Officers as That Term Is Used in 18 u.s.c. §926b
(a) Notwithstanding any other provision of this code, for purposes of this section it is hereby recognized that home incarceration is a form of confinement as that term is used in 18 U.S.C. 926B. (b) In recognition of the duties of their employment supervising confinement and supervised release, and the inherent arrest powers for violation […]
§62-11B-8. Offender Responsible for Certain Expenses
An offender ordered to undergo home incarceration under section four of this article is responsible for providing his own food, housing, clothing, medical care and other treatment expenses. The offender is eligible to receive government benefits allowable for persons on probation, parole or other conditional discharge from confinement or incarceration.
§62-11B-9. Violation of Order of Home Incarceration Procedures; Penalties
(a) If, at any time during the period of home incarceration, there is reasonable cause to believe that a participant in a home incarceration program has violated the terms and conditions of the circuit court’s home incarceration order, he or she is subject to the procedures and penalties set forth in section ten, article twelve […]