77-36-5.   Sentencing -- Restricting contact with victim -- Electronic monitoring -- Counseling -- Cost assessed against defendant.
     (1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's contact with the victim, an order may be issued or, if one has already been issued, it may be extended for the length of the defendant's probation. The order shall be in writing, and the prosecutor shall provide a certified copy of that order to the victim.
     (2) In determining its sentence the court, in addition to penalties otherwise provided by law, may require the defendant to participate in an electronic monitoring program.
     (3) The court may also require the defendant to pay all or part of the costs of counseling incurred by the victim, as well as the costs for defendant's own counseling.
     (4) The court shall:
     (a) assess against the defendant, as restitution, any costs for services or treatment provided to the abused spouse by the Division of Child and Family Services under Section 62A-4a-106; and
     (b) order those costs to be paid directly to the division or its contracted provider.
     (5) The court shall order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, as defined in Section 62A-2-101, that is licensed by the Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.

Amended by Chapter 68, 2003 General Session
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Last revised: Thursday, May 28, 2009