11-459

11-459. Prisoner work, community restitution
work and home detention program; eligibility; monitoring;
procedures; home detention for persons sentenced for driving under
the influence of alcohol or drugs; community restitution work
committee; members; duties

A. The sheriff may establish a prisoner work, community restitution work and home
detention program for eligible sentenced prisoners, which shall be treated the same as
confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the
county jail and prisoners.

B. A prisoner is not eligible for a prisoner work, community restitution work and
home detention program if any of the following applies:

1. After independent review and determination of the jail's classification program,
the prisoner is found by the sheriff to constitute a risk to either himself or other
members of the community.

2. The prisoner has a past history of violent behavior.

3. The prisoner has been convicted of a serious offense as defined in section
13-706 or has been determined to be a dangerous and repetitive offender.

4. Jail time is being served as a result of a felony conviction.

5. The sentencing judge states at the time of the sentence that the prisoner may
not be eligible for a prisoner work, community restitution work and home detention
program.

6. The prisoner is sentenced to a county jail and is being held for another
jurisdiction.

C. If a prisoner is selected for the program, the sheriff may require electronic
monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular
place of employment or while the prisoner is assigned to a community work task. If
electronic monitoring is required, the prisoner shall remain under the control of a home
detention device that constantly monitors the prisoner's location in order to determine
that the prisoner has not left the prisoner's premises. In all other cases, the sheriff
shall implement a system of monitoring using visitation, telephone contact or other
appropriate methods to assure compliance with the home detention requirements. The
sheriff may place appropriate restrictions on prisoners in the program, including testing
prisoners for consumption of alcoholic beverages or drugs or prohibiting association with
individuals who are determined to be detrimental to the prisoner's successful
participation in the program.

D. If a prisoner is placed on electronic monitoring pursuant to subsection C of
this section, the prisoner shall pay an electronic monitoring fee in an amount ranging
from zero to full cost and thirty dollars per month while on electronic monitoring,
unless, after determining the inability of the prisoner to pay these fees, the sheriff
assesses a lesser fee. The sheriff shall use the fees collected to offset
operational costs of the program.

E. Prisoners who are selected for the home detention program shall be employed in
the county in which they are incarcerated. The sheriff shall review the place of
employment to determine whether it is appropriate for a home detention prisoner. If the
prisoner is terminated from employment or does not come to work, the employer shall
notify the sheriff's office. Alternatively, or in addition, a community restitution work
assignment may be made by the sheriff to a program recommended to the sheriff by the
community restitution work committee. If a prisoner is incapable of performing community
restitution or being employed, the sheriff may exempt the prisoner from these programs.

F. The sheriff may require that a prisoner who is employed during the week also
participate in community restitution work programs on weekends.

G. The sheriff may allow prisoners to be away from home detention for special
purposes, including church attendance, medical appointments or funerals. The standard for
review and determination of such leave is the same as that implemented to decide
transportation requests for similar purposes made by prisoners who are confined in the
county jail.

H. Community restitution work shall include public works projects operated and
supervised by public agencies of this state or counties, cities or towns on
recommendation of the community restitution work committee and approval of the sheriff.
The community restitution work committee may also recommend and the sheriff may approve
other forms of community restitution work sponsored and supervised by public or private
community oriented organizations and agencies.

I. The community restitution work committee is established in each county and is
composed of two designees of the sheriff, a representative of the county attorney's
office selected by the county attorney, a representative of a local police agency
selected by the police chief of the largest city in the county and three persons selected
by the county board of supervisors from the private sector. A sheriff's designee shall
serve as committee chairman and schedule all meetings. The committee shall meet as often
as necessary, but no less than once every three months, for the purpose of considering
and recommending appropriate community restitution work projects for home detention
prisoners. The committee shall make its recommendations to the sheriff. Members are not
eligible to receive compensation.

J. At any time the sheriff may terminate a prisoner's participation in the prisoner
work, community restitution work and home detention program and require that the prisoner
complete the remaining term of the prisoner's sentence in jail confinement.

K. If authorized by the court, a person who is sentenced pursuant to section
28-1381 or 28-1382 shall not be placed under home detention in a prisoner work, community
restitution work and home detention program except as provided in subsections L through Q
of this section.

L. By a majority vote of the full membership of the board of supervisors after a
public hearing and a finding of necessity a county may authorize the sheriff to establish
a home detention program for persons who are sentenced to jail confinement pursuant to
section 28-1381 or 28-1382. If the board authorizes the establishment of a home
detention program, a county sheriff may establish the program. A prisoner who is placed
under the program established pursuant to this subsection shall bear the cost of all
testing, monitoring and enrollment in alcohol or substance abuse programs unless, after
determining the inability of the prisoner to pay the cost, the court assesses a lesser
amount. The county shall use the collected monies to offset operational costs of the
program.

M. If a county sheriff establishes a home detention program under subsection L of
this section, a prisoner must meet the following eligibility requirements for the
program:

1. Subsection B of this section applies in determining eligibility for the
program.

2. If the prisoner is sentenced under section 28-1381, subsection I, the prisoner
first serves a minimum of twenty-four consecutive hours in jail.

3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced
under section 28-1381, subsection K or section 28-1382, subsection D or E, the prisoner
first serves a minimum of fifteen consecutive days in jail before being placed under home
detention.

4. The prisoner is required to comply with all of the following requirements for
the duration of the prisoner's participation in the home detention program:

(a) All of the provisions of subsections C through H of this section.

(b) Testing at least once a day for the use of alcoholic beverages or drugs by a
scientific method that is not limited to urinalysis or a breath or intoxication test in
the prisoner's home or at the office of a person designated by the court to conduct these
tests.

(c) Participation in an alcohol or drug program, or both. These programs shall be
accredited by the department of health services or a county probation department.

(d) Prohibition of association with any individual determined to be detrimental to
the prisoner's successful participation in the program.

(e) All other provisions of the sentence imposed.

5. Any additional eligibility criteria that the county may impose.

N. If a county sheriff establishes a home detention program under subsection L of
this section, the court, on placing the prisoner in the program, shall require electronic
monitoring in the prisoner's home and, if consecutive hours of jail time are ordered,
shall require the prisoner to remain at home during the consecutive hours ordered. The
detention device shall constantly monitor the prisoner's location to ensure that the
prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive
the minimum jail confinement requirements under subsection M, paragraph 2 of this
section.

O. The court shall terminate a prisoner's participation in the home detention
program and shall require the prisoner to complete the remaining term of the jail
sentence by jail confinement if either:

1. The prisoner fails to successfully complete a court ordered alcohol or drug
screening, counseling, education and treatment program pursuant to subsection M,
paragraph 4, subdivision (c) of this section or section 28-1381, subsection J or L.

2. The prisoner leaves the premises during a time that the prisoner is ordered to
be on the premises without permission of the court or supervising authority.

P. At any other time the court may terminate a prisoner's participation in the home
detention program and require the prisoner to complete the remaining term of the jail
sentence by jail confinement.

Q. The sheriff may terminate the program at any time.

R. A person who is sentenced pursuant to section 28-1383 shall not be placed under
home detention in a prisoner work, community restitution work and home detention program.