As used in this chapter:

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Terms Used In North Dakota Code 12-67-01

  • Department: means the department of corrections and rehabilitation. See North Dakota Code 12-55.1-01
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

1.    “Administrator” means the sheriff, chief of police, administrator, superintendent, director, or other individual serving as the chief executive officer of a correctional facility, as defined in section 12-44.1-01.

2.    “Approved electronic monitoring device” means a global positioning system device or other electronic monitoring device approved by the department or the administrator which is primarily intended to actively or passively monitor, record, and transmit confirmation of a participant’s location or the participant’s presence or nonpresence in the home.

3.    “Court” means the district or municipal court having criminal or juvenile jurisdiction over a participant in electronic home detention or global positioning system monitoring.

4.    “Department” means the department of corrections and rehabilitation.

5.    “Home detention” means the confinement of an individual adjudicated, convicted, or charged with an offense to the individual’s place of residence under the terms and conditions established by the court, the administrator, or the department.

6.    “Participant” means an adult or juvenile offender placed into an electronic monitoring program.