North Dakota Code 12-67-02 – Application
1. For those offenders who are sentenced by the court to a term of imprisonment in a county jail or regional correctional facility, the court may commit the offender to the legal and physical custody of the administrator of the jail or correctional facility. Except in cases in which the law requires mandatory incarceration and does not allow for electronic home detention or global positioning system monitoring, the administrator of the jail or correctional facility shall make the decision as to whether the use of electronic home detention or global positioning system monitoring is appropriate for that offender.
Terms Used In North Dakota Code 12-67-02
- Department: means the department of corrections and rehabilitation. See North Dakota Code 12-55.1-01
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
2. Electronic home detention or global positioning system monitoring may be used for adult and juvenile offenders as selected by the court, the administrator, the parole board, or the department for adult offenders as an intermediate measure of supervised probation, and for delinquent juvenile offenders in the custody of the division of juvenile services as a condition of community placement. Electronic home detention and global positioning system monitoring may be used for the following:
a. Pretrial or preadjudicatory detention. b. Probation.
c. Community corrections approved by the court.
d. Parole.
e. Work release under chapter 12-44.1 or approved by the parole board. f. Institutional release approved by the court or the parole board.
g. Sex offender containment.
3. If not otherwise prohibited by law, the administrator may use electronic home detention or global positioning system monitoring for an offender if required due to medical needs of the offender or to prevent overcrowding in the county jail or regional correctional facility.
4. If the law requires mandatory incarceration and does not allow for electronic home detention or global positioning system monitoring, the court order must expressly prohibit electronic home detention and global positioning system monitoring.
5. Notwithstanding any other provision of law, an offender who has pled guilty or nolo contendere to, or has been found guilty of a felony under section 14-09-22, is not eligible for electronic home detention or home-based global positioning system monitoring if a minor is present in the home.