The following types of cases are eligible for the Home Detention Program:
- Some Driving on Suspended License (10 or more days)
Home Detention is governed by Statute 9-499.07
"A city or town may establish a home detention program for eligible sentenced defendants which shall be treated the same as confinement in jail."
A defendant is not eligible for the home detention program if any of the following applies:
- If the offender is found by the City to constitute a risk either to himself or other members of the community.
- If the offender has a past history of violent behavior or has been convicted of any charge that includes domestic violence or assault.
- If the sentencing judge states at the time of the sentence, that the defendant may not be eligible for the home detention program.
- If the offender has ever been convicted of a felony.
- If the offender has ever been convicted of any sex offense or child abuse.
- If the offender is residing in the United States without proper documentation.
- Undergo Home Detention Screening through the Probation Division.
- The cost of a Home Detention Screening is $30.00 (no checks). This is a mandatory, non refundable fee borne by the offender.
- Provide all required documentation and attend all scheduled appointments.
- Offenders who are selected for the Home Detention Program will be monitored using electronic monitoring.
- Selected offenders will not drink alcoholic beverages or use drugs.
- Selected offenders will be tested for alcohol and drugs while on the program. This testing is done on Mondays and Thursdays at the Treatment Assessment Screening Center, at a cost of $5.00 per alcohol test and $5.00 per test for drugs.
- Selected offenders are prohibited from associating with individuals who are determined to be detrimental to their successful completion of the program.
- Selected offenders may not terminate employment or seek employment while on the program.
If the defendant is sentenced under 28-1381 sub section B, the defendant must serve a minimum of 24 consecutive hours in jail before being eligible for home detention.
If sentenced under 28-1381 sub section E, the defendant must serve a minimum of 15 consecutive days in jail before being placed on home detention.
A defendant sentenced pursuant to shall not be placed under home detention except as follows (DUI):
- Defendant shall pay all cost for all alcohol or substance abuse programs
- Participation in such programs is mandatory
- Defendant is to report daily for required alcohol/drug testing