(A) The City Manager is hereby authorized and directed to enter into a contract (attached to Ordinance 34-1990 as Exhibit "A") with the Hamilton County Probation Department, the Hamilton County Municipal League, the current provider (CDA Inc.) of the Hamilton County Comprehensive Home Incarceration Program and any other necessary parties in order to participate in the Hamilton County Municipal League Comprehensive Home Incarceration Program (HCML-CHIP). The agreements shall provide for the opportunity by the Mayor of the city to sentence individuals convicted of non-violent offenses in the Forest Park Mayor's Court to periods of incarceration by electronically monitored house arrest under the following provisions:
(1) The defendant/participant will pay all of the participating costs of the program unless determined to be wholly or partially indigent by the Mayor.
(2) The defendant/participant will wear an electronic radio frequency transmitter that will signal a receiver attached to his or her telephone, which will communicate with a central monitoring computer for continuous reporting capability.
(3) The defendant/participant shall be employed or have a source of income, have a stable place of residence served by a single telephone line and not have a history of violent behavior or mental or learning disorder and must reside in this state no further than ten miles from the Hamilton County border.
(4) The sentencing mayor will determine the number of days of electronically monitored house arrest to be served by the defendant, plus the number of days of actual incarceration plus the number of days of actual incarceration which will be suspended upon successful completion of the HCML-CHIP program. The defendant/participant will sign an agreement whereby he or she agrees that he or she will not receive credit for the suspended incarceration days until all of the HCML-CHIP days have been satisfactorily served. Upon termination of the HCML-CHIP days for failure of the defendant/participant to abide by the rules or for other reasons of disqualification of the individual, then he or she must serve all of the suspended incarceration days with no credit for HCML-CHIP days. In determining the sentence, the Mayor shall not sentence the individual to incarceration days plus HCML-CHIP days which, when added together, exceed the total number of days of imprisonment which the person may serve under the ordinances of the city.
(5) The agreements shall also provide that the HCML-CHIP program may identify candidates whose entry into the Hamilton County Justice Center to serve a term of incarceration for an offense under the ordinances of the city will be significantly delayed and refer such candidates to the Mayor of the city for consideration of HCML-CHIP sentencing alternatives.
(6) The defendant/participant must agree, before being allowed to participate in the HCML-CHIP program, to abide by all rules of the program as enforced by the Hamilton County Probation Department, to report as scheduled and to pay fees in advance as instructed, and to refrain from drug and alcohol use as required in conjunction with the Home Incarceration Program.
(B) That in conjunction with the HCML-CHIP, the Hamilton County Probation Department is hereby granted the power to exercise its discretion in granting reasonable stays of execution upon minor infractions or violations of the HCML-CHIP regulations. Further, the Hamilton County Probation Department is authorized to make any necessary arrests of violators of this program and to issue citations to such violators to the Forest Park Mayor's Court for Court action to terminate the HCML-CHIP incarceration. Further, the Hamilton County Probation Department is authorized to execute any capias warrants issued by the Forest Park Mayor's Court for violators of the HCML-CHIP regulations.
(C) There is hereby enacted electronically monitored house arrest as follows:
(1) Any or all of the term of imprisonment authorized under the ordinances of the city for non-violent offenses may be served by means of electronically monitored house arrest, in the sole discretion of the Mayor. In such case, the Mayor shall determine the number of days of actual imprisonment, the number of days of electronically monitored house arrest, and whether any of the days of actual imprisonment shall be suspended on the condition of successful completion of the incarceration by electronically monitored house arrest. The sum of the days of actual imprisonment plus the days of electronically monitored house arrest shall not exceed the stated maximum number of days of imprisonment for that particular offense.
(2) No individual may serve a term of imprisonment by electronically monitored house arrest unless he or she first executes an appropriate agreement made available to all such defendants, whereby the defendant agrees to pay the cost of the system (or, in the sole discretion of the Mayor, such portion of the cost as he or she can afford to pay) and agrees to abide by all of the rules and regulations of the electronically monitored house arrest procedure. The agreement shall provide that no credit for suspended days of actual incarceration shall be granted unless the defendant successfully completes all of the days of the electronically monitored house arrest.
(3) No person, knowing that he or she is under the restrictions of electronically monitored house arrest, shall purposely break or attempt to break such detention, or purposely violate any of the requirements of the detention. Whoever violates this section is guilty of escape, a misdemeanor of the first degree.
(Ord. 34-1990, passed 12-17-90)