(a) Determination of Days. Any or all of the terms of imprisonment authorized under the ordinances of the City may be served by means of electronically monitored house arrest, at the sole discretion of the sentencing Mayor. In such case, the sentencing 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 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.
(b) Agreement Required. No defendant 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 sentencing 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.
(c) Penalty. No person, knowing or having been placed on notice 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. 36-1990. Passed 12-1.1-90.)