Sec. 1. 30-A MRSA §1659, first ¶, as enacted by PL 1991, c. 224, is amended to read:

The sheriff of each county may establish and maintain a home- release monitoring program to permit certain inmates, approved by the court in which they were sentenced, to be released and monitored electronically or by intensive supervision by the county and to live at their residences as a portion of the term of incarceration.

Sec. 2. 30-A MRSA §1659, sub-§1, as enacted by PL 1991, c. 224, is amended to read:

1. Petition. A sheriff, upon written request from an inmate eligible for participation in a home-release monitoring program and recommended by the jail administrator, may petition the court in which the inmate was sentenced for authorization to electronically monitor or intensively supervise and to release the inmate to participate in a home-release monitoring program established in that county. Unless the court expressly grants the privilege of home release, the inmate is sentenced to ordinary confinement. The court may withdraw the privilege of home release at any time by order entered with or without notice of hearing. At the time of granting this privilege, the court shall determine whether the inmate is responsible for the cost of participating in the home-release program based on the inmate's ability to pay.

Sec. 3. 30-A MRSA §1659, sub-§2, ¶B, as enacted by PL 1991, c. 224, is repealed.

Sec. 4. 30-A MRSA §1659, sub-§2, ¶D, as enacted by PL 1991, c. 224, is amended to read:

D. For sentences less than 30 days, the inmate serves a minimum of 2/3 2 days of that inmate's sentence prior to participating in a home-release monitoring program. For sentences of 30 days or more, the inmate serves a minimum of 1/2 5 days of that inmate's sentence prior to participating in a home-release monitoring program. In calculating the amount of time served, good time earned under Title 17-A, section 1253 and time reductions earned for charitable or public works projects under section 1606 must be counted; and

Sec. 5. 30-A MRSA §1659, sub-§3, ¶I, as repealed and replaced by PL 1991, c. 783, §2, is amended to read: