9.94A.731  <<  9.94A.733 >>   9.94A.734

Home detentionGraduated reentry programRequirements for department.

(1) No more than the final six months of the offender's term of confinement may be served in partial confinement as home detention as part of the graduated reentry program developed by the department. However, an offender may not participate in the graduated reentry program under this section unless he or she has served at least twelve months in total confinement in a state correctional facility.
(2) The secretary of the department may transfer an offender from a department correctional facility to home detention in the community if it is determined that the graduated reentry program is an appropriate placement and must assist the offender's transition from confinement to the community.
(3) The department and its officers, agents, and employees are not liable for the acts of offenders participating in the graduated reentry program unless the department or its officers, agents, and employees acted with willful and wanton disregard.
(4) All offenders placed on home detention as part of the graduated reentry program must provide an approved residence and living arrangement prior to transfer to home detention.
(5) While in the community on home detention as part of the graduated reentry program, the department must:
(a) Require the offender to be placed on electronic home monitoring;
(b) Require the offender to participate in programming and treatment that the department shall assign based on an offender's assessed need; and
(c) Assign a community corrections officer who will monitor the offender's compliance with conditions of partial confinement and programming requirements.
(6) The department retains the authority to return any offender serving partial confinement in the graduated reentry program to total confinement for any reason including, but not limited to, the offender's noncompliance with any sentence requirement.
(7) The department may issue rental vouchers for a period not to exceed six months for those transferring to partial confinement under this section if an approved address cannot be obtained without the assistance of a voucher.
(8) In the selection of offenders to participate in the graduated reentry program, and in setting, modifying, and enforcing the requirements of the graduated release [reentry] program, the department is deemed to be performing a quasi-judicial function.
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