Delaware Code Title 11 Sec. 4219 – Continuous Remote Alcohol Monitoring Program
(a) There is hereby established for sentencing and probation purposes a Continuous Remote Alcohol Monitoring Program which shall use technology to monitor offenders for alcohol use. The program shall be administered by the Department of Correction which shall have the sole authority to determine which offenders are accepted into the program.
Terms Used In Delaware Code Title 11 Sec. 4219
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(b) The Board of Parole or any Court of competent jurisdiction may request and recommend, as part of conditions of release or the sentence of any person convicted under § 4177(a) of Title 21 for a first offense where the first offender election is not available, or for a subsequent offense involving a blood alcohol content of .20 or higher, a period of continuous remote alcohol monitoring not to exceed 90 days for a first offense and 120 days for a second offense.
(c) Any inmate incarcerated for violations of § 4177 of Title 21 and selected for participation in the program shall be released on Level IV status, subject to the conditions of the program, and those conditions imposed by the sentencing judge. The remainder of the participant’s sentence of incarceration shall be suspended upon completion of the program requirements. Participants failing to satisfactorily complete the program shall be returned to the Board of Parole or the sentencing authority for resentencing.
(d) Any offender considered for participation must agree to adhere to the conditions established for participation before being accepted into the program.
(e) The Department of Correction shall report annually on the use of the program, and its effectiveness as a supervision mechanism.
75 Del. Laws, c. 143, § ?1; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 381, §§ ?1, 2; 76 Del. Laws, c. 134, § ?1; 76 Del. Laws, c. 366, § ?1;