46-18-1002. Home arrest -- petition -- agreement. (1) An offender may petition a sentencing court for an order directing that all or a portion of a sentence of imprisonment in the county jail or state prison be served under conditions of home arrest. Petitions may be considered and ruled upon by the sentencing court prior to and throughout the term of the offender's sentence.
     (2) The sentencing judge shall study the records of all persons petitioning for home arrest and, in his discretion, may:
     (a) refer the case to the appropriate supervising authority for approval and acceptance into the home arrest program. The supervising authority may accept or reject any referral.
     (b) conduct hearings on the desirability of granting home arrest;
     (c) order a term of home arrest in lieu of a sentence of imprisonment in the county jail or state prison. The time actually spent in home arrest pursuant to this section may not exceed 6 months or the maximum term of imprisonment imposed, whichever is shorter.
     (d) issue a warrant for a person when there is reason to believe the person has violated the conditions of home arrest, conduct hearings on the matter, and order imprisonment in the county jail or state prison upon proof of violation; and
     (e) grant final discharge from arrest.
     (3) A home arrestee shall execute a written agreement with the court setting forth all the conditions of home arrest. The order of home arrest must incorporate that agreement and must order compliance with its terms. The order and agreement must be transmitted to the supervising authority and to the appropriate jail or prison official.
     (4) Time spent in home arrest must be credited against the maximum term of imprisonment imposed for the offender pursuant to law.
     (5) Home arrest must be under the supervision of the supervising authority. A home arrestee is subject to the decisions of the supervising authority during the period of supervision. Fees for supervision or equipment usage must be paid directly to the clerk of the sentencing court and must be distributed by the clerk to the supervising authority.

     History: En. Sec. 2, Ch. 105, L. 1991.