SEC. 47-5-1011. Prior notification of participant and co-residents regarding nature and extent of electronic monitoring devices; damage to equipment; noncriminal environment to be maintained. [Repealed effective after June 30, 2004].
(1) Before entering an order for commitment for electronic house arrest, the department shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:
(a) Securing the written consent of the participant in the program to comply with the rules and regulations of the program.
(b) Advising adult persons residing in the home of the participant at the time an order or commitment for electronic house arrest is entered and asking such persons to acknowledge the nature and extent of approved electronic monitoring devices.
(c) Insuring that the approved electronic devices are minimally intrusive upon the privacy of other persons residing in the home while remaining in compliance with Sections 47-5-1001 through 47-5-1015.
(2) The participant shall be responsible for the cost of equipment and any damage to such equipment. Any intentional damage, any attempt to defeat monitoring, any committing of a criminal offense or any associating with felons or known criminals, shall constitute a violation of the program.
(3) Any person whose residence is utilized in the program shall agree to keep the home drug and alcohol free and to exclude known felons and criminals in order to provide a noncriminal environment.
SOURCES: Laws, 1993, ch. 576, § 6; Laws, 1994, ch. 606, § 4, eff from and after passage (approved April 8, 1994); reenacted without change, Laws, 1999, ch. 539, § 6, eff from and after July 1, 1999; reenacted without change, Laws, 2001, ch. 482, § 6, HB 1481; Reenacted without change, Laws, 2003, ch. 418, § 6, HB 780, eff from and after passage (approved Mar. 17, 2003).
PREVIOUS VERSIONS: Pre-2003
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