Home incarceration.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0589

HOUSE BILL
NO.

HB0227

Home incarceration.

Sponsored by:
Representative(s) Watt

A BILL

for

AN ACT relating to
criminal procedure; providing for home incarceration of felons as specified; providing conditions for home incarceration; providing limitations on persons eligible for home incarceration; providing for rulemaking; providing for notification;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 7
‑
13
‑
1701 through 7
‑
13
‑
1706
are
created to read:

ARTICLE 17
HOME INCARCERATION

7
‑
13
‑
1701.

Definitions; establishment of program.

(a)

As used in this article:

(
i
)

"Approved monitoring device" means an electronic device or apparatus which is capable of recording, tracking or transmitting information as to the prisoner's location or verifying
the prisoner's presence or
non
presence
in the home, or both. The devices shall be minimally intrusive. Devices shall not be used without the prisoner's knowledge to record or transmit:

(A)

Visual images other than the prisoner's face;

(B)

Oral or wire communications or any auditory sound other than the prisoner's voice; or

(C)

Information as to the prisoner's activities while inside the home.

(ii)

"Department" means the department of corrections;

(iii)

"Director" means the director of the department of corrections;

(iv)

"Home" means the temporary or permanent residence of a prisoner consisting of the actual living area. If more than one (1) residence or family is located on a single piece of property, "home" does not include the residence of any other person who is not part of the social unit formed by the prisoner's immediate family. A hospital, nursing care facility, hospice, group home, transitional housing, residential treatment facility, campus dormitory or boarding house may serve as a home under this paragraph;

(v)

"Home incarceration" means the use of the person's home for the purposes of incarceration combined with the use of a monitoring device approved by the director to facilitate the prisoner's ability to participate in programs approved as a condition of his incarceration;

(vi)

"Prisoner" means a person placed under terms of home incarceration under this article
;

(v
i
i)

"Violent felony" means murder, manslaughter, kidnapping, robbery, aggravated assault,
aircraft hijacking, arson
in the first or second degree,
aggravated burglary
or any violation under W.S. 6
‑
2
‑
301 through 6
‑
2
‑
320
.

7
‑
13
‑
1702.

Home incarceration of certain felons; eligibility;
rules
.

(a)

Any
felon who is charged to the custody of the department and who has served two (2) years or one-half
(1/2)
of his sentence, which
ever is lesser, in a state
operated prison may, at the discretion of the director, be eligible to serve the remainder of his sentence under the terms of home incarceration using an approved monitoring device, if the felon:

(
i
)

Has not been convicted of, or pled guilty to, a violent felony;

(ii)

Has one (1) year or less to serve on his sentence;

(iii)

Has not been granted parole on the current sentence or has not been returned to prison as a result of
a parole violation within the previous calendar year of placement in home incarceration;

(iv)

Has
needs that may be adequately met in the community where he will reside upon release; and

(v)

Has voluntarily participated in the offender reentry program or discharge planning process with the department to address his:

(A)

Education;

(B)

Employment, technical and vocation skills;

(C)

Housing, medical, mental health and substance abuse treatment needs; and

(D)

Other needs identified within his individualized case plan as formulated by the department.

(b)

A
prisoner
who is placed under terms of home incarceration under subsection (a) of this section shall remain in the custody of the department until the
completion of his sentence. Any unauthorized departure from the terms of home incarceration may be prosecuted as an escape from detention and shall result in the
prisoner
being returned to prison for the remaining term of his sentence.

(c)

Time spent in home incarceration under this section shall be credited as time served on the sentence.

(d)

Time spent in home incarceration shall be subject to credit
for inmate good time in the same amounts as time served inside the institution and shall be subject to loss or removal of the good time earned during the period of home incarceration for violation of the terms of home incarceration.

(e)

The department shall promulgate rules and regulations to implement the provisions of this article.

7
‑
13
‑
1703.

Conditions of home incarceration.

(a)

The conditions of home incarceration granted under W.S. 7
‑
13
‑
1702 may include the following, as well as other conditions the department determines as
appropriate
:

(
i
)

The
prisoner
shall be confined to his home at all times except when:

(A)

Undergoing available medical, psychiatric, mental health or substance abuse treatment or approved counseling and after care programs;

(B)

Attending an approved educational or vocational education institution or program or approved work skills development program;

(C)

Attending a regularly scheduled religious service at an established place of worship; and

(D)

Participating in an approved community work service program.

(ii)

Violation of paragraph (
i
) of this subsection may subject the
prisoner
to prosecution under W.S. 6
‑
5
‑
206;

(iii)

The
prisoner
shall conform to a schedule prepared by a designated employee of the
department

specifically setting forth the tim
e
s when he may be absent from the home and the locations where he may be during those times;

(iv)

The

prisoner
shall not use or po
s
sess any intoxicant or any substance in violation of artic
le 5 of the Wyoming
C
ontrolled
S
ubstances
A
ct;

(v)

The
prisoner
shall not commit another offense during the period of time for which he is subject to the conditions of home incarceration;

(vi)

The

prisoner
shall not change the place of home incarceration or the schedule without prior approval of the
department
;

(vii)

The
prisoner
shall maintain a telephone or other approved monitoring device in the home or on his person at all times;

(viii)

Any other reasonable conditions set by the
department
including:

(A)

Restitution;

(B)

Supervision fees;

(C)

Court ordered child support; and

(D)

Any of the conditions imposed on persons on probation or conditional parole.

(ix)

A written and notarized consent agreement shall be filed with the
department
by every adult who will share the
prisoner
's home during the term of home incarceration; and

(x)

Any monetary condition shall be paid by the
prisoner
directly to the person or organization
specified by the court in a written order, except that any supervision fees or monetary conditions owed to the department shall be paid directly to the department.

7
‑
13
‑
1704.

Ineligibility.

No person being held under a felony detainer, warrant or process issued by some other jurisdiction shall be eligible
for home incarceration. No person convicted of a violent felony shall be eligible for home incarceration.

7
‑
13
‑
1705.

Responsibilities of person held in home incarceration.

(a)

Any
prisoner
serving his sentence under conditions of home incarceration shall be responsible for his food, housing, clothing, transportation, medical care expenses and payment of court ordered restitution and child support and
s
hall be eligible for government benefits to the same extent as a person on probation, parole or conditional discharge.

(b)

Any
prisoner
serving his sentence under conditions of home incarceration may be required to pay the department for all or part of any monitoring equipment or fee
s
, substance abuse treatment program
s
or follow-up treatment expense
s
, supervision costs or other costs while assigned to the program. The department shall determine whether the
prisoner
has the ability to pay all or part of the fees or costs.

7
‑
13
‑
1706.

Written notification; monthly list of home
incarcerated prisoners
provided to law enforcement agencies.

(a)

Prior to placement on home incarceration, the department shall deliver a written notification to the sheriff of the county and the chief law enforcement officer of any incorporated city or town in which the
prisoner
is to reside and be supervised under the program.

(b)

The
department
shall provide all local and county law enforcement agencies with a list of
prisoners
under home incarceration in their jurisdiction. The list shall be updated on the first working day of each calendar month and shall include the following information:

(
i
)

The prisoner's place of home incarceration;

(ii)

The crime for which the prisoner was convicted;

(iii)

The date that the sentence of home incarceration will be completed; and

(iv)

The
name, address and phone number of the
department employee
supervising the prisoner during the term of hom
e
incarceration.

Section 2.

This act is effective July 1, 2013.

(END)

1
HB0227