(A) The city, acting through its proper authorized official, is hereby authorized to enter into a contract with the Hamilton County Probation Department in order to utilize the comprehensive home incarceration program as a sentencing means for the Mayor's Court for the city.
(B) The Mayor of the city may impose home incarceration for any and all days of confinement currently specified under any of the criminal ordinances of the city as the Mayor sees fit in his or her sole discretion.
(C) The Mayor of the city is authorized to sentence any such individuals guilty of violating any of the criminal or traffic ordinances of the city as qualify under the rules of the comprehensive home incarceration program operated by the Hamilton County Probation Department or the Hamilton County Municipal League, including the requirement that the prisoner shall pay the costs of the use of the monitoring equipment. Additional qualifications shall relate to the residency of the prisoner and availability of the necessary phone equipment at the residence of the prisoner.
(D) No individual sentenced to home incarceration shall violate any of the following specified conditions. The venue for any such violation shall be the city for the reason that the imposition of the sentence and the continuing jurisdiction of the Mayor's Court of the city are located in the city.
(1) The prisoner shall pay a daily fee to remain in the home incarceration program and must not fail to report to the home incarceration program as required on a weekly basis.
(2) No prisoner shall fail to allow an officer of the Hamilton County Probation Department, assigned to the home incarceration program, to enter his or her home for an inspection of the premises.
(3) The prisoner shall not fail to submit to a search by the assigned probation officer of his or her person and any purse, bag or package in his or her possession.
(4) The prisoner must not depart from his or her home at any time except for those times previously scheduled to commute to and from his or her place of employment, other than an emergency, which will require full documentation and verification of at least one other witness, and which will also require the prisoner to immediately notify the Probation Department of the existence of the emergency.
(5) The prisoner must not use any call forwarding, cordless phones, answering machine services or other electronic telephone devices which are utilized in an attempt to mislead or defraud the home incarceration electronic monitoring equipment.
(6) The prisoner must not use or be in possession of any alcohol or unlawful drug, or own, possess or carry a firearm or other lethal weapon. The prisoner must not cause or allow to be caused any damage to the monitoring equipment assigned to such prisoner.
(E) The Hamilton County Probation Department, the Hamilton County Sheriff's Office and any other police agency are hereby authorized to arrest and detain any prisoner who violates any of the criminal sanctions imposed by this section or by the Hamilton County Probation Department in its implementation of the home incarceration program in the Mayor's Court of the city.
(`82 Code, § 280.02) (Ord. 90-31, passed 4-3-90)