§ 77-18-107 — Home confinement -- Electronic monitoring for home confinement.

(1) The court may order home confinement as a condition of probation under the supervision of the division, except as provided in Sections 76-3-406 and 76-5-406.5.
(2) The department shall establish procedures and standards for home confinement for all defendants supervised by the division for home confinement.
(3) If the court places the defendant on probation and orders the defendant to participate in home confinement under Subsection (1), the court may order the defendant to participate in home confinement through the use of electronic monitoring until further order of the court.
(4) The electronic monitoring of a defendant shall alert the division and the appropriate law enforcement agency of the defendant's whereabouts.
(5) An electronic monitoring device shall be used under conditions that require:
(5)(a) the defendant to wear an electronic monitoring device at all times; and
(5)(b) the device be placed in the home of the defendant to monitor the defendant's compliance with the court's order.
(6) If a court orders a defendant to participate in home confinement through electronic monitoring as a condition of probation under Subsection (3), the court shall:
(6)(a) place the defendant on probation under the supervision of the division;
(6)(b) order the division to place an electronic monitoring device on the defendant and install electronic monitoring equipment in the residence of the defendant; and
(6)(c) order the defendant to pay the costs associated with home confinement to the department or the program provider.
(7) The department shall pay the costs of home confinement through electronic monitoring only for an individual who is determined to be indigent by the court.
(8) The department may provide the electronic monitoring described in this section directly or by contract with a private provider.

Legislative History

Amended by Chapter 193, 2025 General Session; Amended by Chapter 214, 2025 General Session