Intermediate sanctions; eligibility; criteria and conditions

(1) The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration. (2) Defendants may be considered for sentencing to alternative programs if they have not been convicted of a non-probationable class A felony. (3) A defendant may be sentenced by a district, family, or circuit court judge to alternative programs. (4) As used in this section, "alternative programs" means programs that are created and funded by legislative appropriation or federal grant naming the judiciary or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration. Alternative programs may include: (a) House arrest, or curfew using electronic monitoring and surveillance, or both; (b) Drug court programs for defendants with assessed alcohol or drug abuse problems, or both; (c) Therapeutic residential and nonresidential programs, including secure drug treatment facilities; and (d) Similar programs created and designated as alternative programs by the legislature or the administrative director of the courts for qualified defendants who do not pose significant risks to the community.