ND HB1338

Amends North Dakota Century Code section 12-67-02 to clarify that jail and correctional facility administrators decide whether to use electronic home detention or GPS monitoring, except when law mandates incarceration without these alternatives.

Electronic home detention and GPS monitoring may be used for adult and juvenile offenders in pretrial detention, probation, community corrections, parole, work release, institutional release, county jail diversion, and sex offender containment.

Administrators may use electronic monitoring for offenders with medical needs or when necessary to prevent overcrowding in county jails or regional correctional facilities, if not otherwise prohibited by law.

When law requires mandatory incarceration and prohibits electronic monitoring, court orders must expressly state this prohibition in writing.

Passed House 92-0 (2 absent) and Senate 46-0 (1 absent).