Under 18 U.S.C. § 3563, a court may sentence an individual to probation instead of imprisonment. The statute provides the court with the authority to impose certain conditions that the defendant must comply with during the probation period. These conditions are intended to ensure that the defendant leads a law-abiding life or to assist the defendant in doing so. The conditions may include requirements such as remaining within the jurisdiction of the court, reporting to a probation officer, refraining from excessive use of alcohol or any use of narcotic drugs, and undergoing available medical or psychiatric treatment. Additionally, the court may require the defendant to submit to periodic drug testing or to participate in a drug treatment program. The use of electronic monitoring devices, such as SCRAM, can be mandated by the court as a condition of probation to monitor compliance with restrictions on alcohol consumption.
18 U.S.C. § 3142 provides the criteria for the release or detention of a defendant pending trial. The court must determine whether the defendant can be released on personal recognizance, on bail, or must be detained. The statute outlines factors the court must consider in making this determination, including the nature and circumstances of the offense charged, the weight of the evidence against the defendant, the history and characteristics of the defendant, and the nature and seriousness of the danger to any person or the community that would be posed by the defendant's release. If the court decides to release the defendant, it may impose conditions to reasonably assure the appearance of the defendant for trial and the safety of the community. These conditions can include restrictions on travel, association, or residence, and may also include the requirement for the defendant to wear an electronic monitoring device such as a SCRAM to ensure compliance with conditions related to alcohol consumption.
23 U.S.C. § 410 encourages states to implement alcohol-impaired driving countermeasures by providing grant funds to states that adopt and implement effective programs. The statute outlines the criteria and requirements states must meet to qualify for these grants, such as having mandatory alcohol-ignition interlock laws for all individuals convicted of alcohol-impaired driving offenses, conducting high-visibility enforcement efforts, and having a comprehensive plan to address the issue of driving under the influence of alcohol. While the statute does not directly mandate the use of SCRAM devices, the funds provided can be used to support the implementation of monitoring technologies, including SCRAM, as part of a state's overall strategy to reduce alcohol-impaired driving.