Sec. 12.11.10.02. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Approved location" means the monitored individual's residence and any location designated by the court where the monitored individual is permitted to be.

(2) "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(3) "Continuously signaling" means a type of electronic monitoring that:

(a) Uses a transmitter affixed to a monitored individual, a receiver and dialer, telephone, and host computer; and

(b) When used in proper combination:

(i) Continuously detects whether the monitored individual is at the approved location, and

(ii) Detects and notifies a private home detention monitor of the time that the monitored individual leaves the approved location.

(4) "Escape" means an act in which a monitored individual violates any restriction on movement imposed under the terms of a home detention order or agreement.

(5) "Home detention" means a system of monitoring that requires a monitor to:

(a) Verify the activities of a monitored individual while in the community; and

(b) Determine the monitored individual's presence at an approved location, using either:

(i) Continuously signaling, or

(ii) Satellite monitoring.

(6) "License" means a certificate issued by the Secretary authorizing the licensee to operate a business that provides monitoring services for a fee to a monitored individual.

(7) "Licensee" means a person who has been issued a license.

(8) "Monitor" means a private home detention monitor as defined in §B(12) of this regulation.

(9) "Monitored individual" means an individual who is under a court order that requires monitoring by a private home detention monitoring agency.

(10) "Monitoring" means the activities by which a private home detention monitoring agency determines the location or activities, or both, of a monitored individual.

(11) "Monitoring agency" means a private home detention monitoring agency as defined in §B(13) of this regulation.

(12) "Private home detention monitor" means an employee or owner of a monitoring agency who performs, within the State, the activities by which a private home detention monitoring agency determines the location or activities, or both, of a monitored individual.

(13) "Private home detention monitoring agency" means a person conducting a business that provides home detention for a fee to a monitored individual.

(14) "Satellite monitoring" means a type of electronic monitoring that:

(a) Uses a transmitter affixed to a monitored individual, wireless and land line communication devices, and host computer; and

(b) When used in proper combination:

(i) Continuously detects the location of the monitored individual, and

(ii) Detects and notifies a private home detention monitor of the monitored individual's location at all times.

(15) "Secretary" means the Secretary of Public Safety and Correctional Services or the Secretary's designee.

(16) "Statement attesting to good character and reputation" means a notarized statement made under oath by a reputable citizen, having no financial or other interest in a private home detention monitoring agency, who resides in the county of residence of the subject individual, attesting to the good character and reputation of the subject individual.

(17) "Working day" means a day other than Saturday, Sunday, or a legal holiday.