| (1) |
The court may order home confinement as a condition of probation under the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5. |
Terms Used In Utah Code 77-18-107
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Corrections created in Section 64-13-2. See Utah Code 77-18-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
| (2) |
The department shall establish procedures and standards for home confinement for all defendants supervised by the department for home confinement. |
| (3) |
If the court places the defendant on probation and orders the defendant to participate in home confinement under Subsection (1), the court may order the defendant to participate in home confinement through the use of electronic monitoring until further order of the court. |
| (4) |
The electronic monitoring of a defendant shall alert the department and the appropriate law enforcement agency of the defendant’s whereabouts. |
| (5) |
An electronic monitoring device shall be used under conditions that require:
| (a) |
the defendant to wear an electronic monitoring device at all times; and |
| (b) |
the device be placed in the home of the defendant to monitor the defendant’s compliance with the court’s order. |
|
| (6) |
If a court orders a defendant to participate in home confinement through electronic monitoring as a condition of probation under Subsection (3), the court shall:
| (a) |
place the defendant on probation under the supervision of the department; |
| (b) |
order the department to place an electronic monitoring device on the defendant and install electronic monitoring equipment in the residence of the defendant; and |
| (c) |
order the defendant to pay the costs associated with home confinement to the department or the program provider. |
|
| (7) |
The department shall pay the costs of home confinement through electronic monitoring only for an individual who is determined to be indigent by the court. |
| (8) |
The department may provide the electronic monitoring described in this section directly or by contract with a private provider. |
Enacted by Chapter 260, 2021 General Session
