1. (a) Under the provisions of RSA 651:2, V (b) a court may order that, as a condition of probation, a person be confined to his or her place of residence for not more than one year in the case of a misdemeanor or more than 5 years in the case of a felony.
2. (b) Home confinement shall be monitored by a probation or parole officer, supplemented by electronic monitoring to verify compliance when established by the court or the parole board as a condition of supervised release.

3. (c) Home confinement shall be recommended to the commissioner as a punitive sanction for persons under departmental control meeting the following criteria:

   1. (1) The person under departmental control shall establish and maintain a residence and employment plan that meets the control needs identified for the person under departmental control by the evaluating probation or parole officer;
   2. (2) The person under departmental control shall have been placed on probation or parole and identified as being in need of a highly structured community release program in which activities beyond employment, self-improvement pursuits, and fulfilling basic needs require strict and close monitoring beyond that provided under curfew restrictions;
   3. (3) The person under departmental control shall agree to maintain telephone service in his or her residence;
   4. (4) Less restrictive alternatives have not proven successful, or are not adequate for the specific person under departmental control; and
   5. (5) The person under departmental control is a probationer or parolee who is considered, by the evaluating probation or parole officer, to be a substantial risk for repeated infractions of probation conditions, if not rigidly monitored.
4. (d) The department shall recommend to the adult parole board that home confinement be considered as a condition of parole for persons under departmental control in need of a highly structured community release program in which activities beyond employment, self-improvement pursuits, and fulfilling basic needs require strict and close monitoring beyond that provided under curfew restrictions.
5. (e) Any person under departmental control in home confinement who violates the conditions established shall be subject to immediate arrest by a probation or parole officer or any authorized law enforcement officer and brought before the court or adult parole board for an expeditious hearing pending further disposition pursuant to RSA 651:2, V(f).

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18