§353-10.5 Intermediate sanctions; eligibility; criteria and conditions. (a) The department of public safety shall implement alternative programs that place, control, supervise, and treat selected offenders in lieu of incarceration.
(b) Pretrial detainees may be considered for placement in alternative programs if they:
(1) Have been admitted to bail and are not charged with a non-probationable class A felony; and
(2) Have not, within the previous five years, been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.
(c) Sentenced offenders and other committed persons may be considered for placement in alternative programs as a condition of furlough or release, provided that the person is otherwise eligible for or has been granted furlough or release pursuant to section 353-8 or 353-17.
(d) As used in this section, "alternative programs" mean programs that are created and funded by legislative appropriation or federal grant naming the department of public safety or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration. Alternative programs may include:
(1) Home detention, curfew, or both;
(2) Supervised release, graduated release, furlough, and structured educational or vocational programs;
(3) Similar programs created and designated as alternative programs by the legislature or the director of public safety for inmates who do not pose significant risks to the community; and
(4) The use of electronic monitoring and surveillance. [L Sp 1995, c 25, §2; am L 2016, c 231, §60; am L 2017, c 74, §1]
Cross References
For similar provisions, see §§353-63.5 and 706-605.1.
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