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



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



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



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



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



(d)  As used in this section, "alternative
programs" mean programs which, from time to time, are created and funded
by legislative appropriation or federal grant naming the department of public
safety or one of its operating agencies as the expending agency and which are
intended to provide an alternative to incarceration.  Alternative programs may
include:



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



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



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



(4)  Similar programs created and designated as alternative
programs by the legislature or the director of public safety for inmates who do
not pose significant risks to the community. [L Sp 1995, c 25, §2]



 



Cross References



 



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