(1) a person is confined in a department facility;

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(3) the:

(A) department facility; and

(B) court room;

have the capability of conducting two-way video conferencing between the department facility and the court room;

(4) the judge, on the judge’s own motion, orders the person to make the person’s appearance by use of video conferencing; and

(5) the person consents to the use of video conferencing;

the person shall appear before the judge while located in the department facility by use of video conferencing.

     (b) If a person’s appearance before a judge under this section is conducted by video conferencing, the judge shall ensure that the appearance is recorded if a record of the appearance would have been kept if the person had appeared in the judge’s court room.

As added by P.L.159-2015, SEC.1.