[§353-10.5]  Intermediate sanctions;eligibility; criteria and conditions.  (a)  The department of public safetyshall implement alternative programs that place, control, supervise, and treatselected offenders in lieu of incarceration.

(b)  Pretrial detainees may be considered forplacement in alternative programs if they:

(1)  Have been admitted to bail and are not chargedwith a non-probationable class A felony; and

(2)  Have not, within the previous five years, beenconvicted of a crime involving serious bodily injury or substantial bodilyinjury as defined by chapter 707.

(c)  Sentenced offenders and other committedpersons may be considered for placement in alternative programs as a conditionof furlough or release, provided that the person is otherwise eligible for orhas been granted furlough or release pursuant to section 353-8 or 353-17.

(d)  As used in this section, "alternativeprograms" mean programs which, from time to time, are created and fundedby legislative appropriation or federal grant naming the department of publicsafety or one of its operating agencies as the expending agency and which areintended to provide an alternative to incarceration.  Alternative programs mayinclude:

(1)  Home detention, curfew using electronicmonitoring and surveillance, or both;

(2)  Supervised release, graduated release, furlough,and structured educational or vocational programs;

(3)  A program of regimental discipline pursuant tosection 706-605.5; and

(4)  Similar programs created and designated as alternativeprograms by the legislature or the director of public safety for inmates who donot pose significant risks to the community. [L Sp 1995, c 25, §2]

 

Cross References

 

  Similar provisions, see §§353-63.5 and 706-605.1.