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Home detention is an alternative to imprisonment; its goals are both to reduce recidivism and to decrease the number of prisoners, thereby saving money for states and other jurisdictions. The second qualification is based on the defendant’s criminal record or lack thereof. This means only defendants who have a clean record with no prior convictions can receive a home confinement sentence. House arrest, sometimes called home detention or home confinement, is just one option available to the court when sentencing someone in the criminal justice system. House arrest is considered a lesser punishment used to punish someone who is guilty of a less severe crime.
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Condition of Probation
This type of incarceration allows a person convicted of a crime to remain at home or another designated location, instead of being incarcerated in jail or prison. House arrest is also referred to as “home confinement” and is usually monitored with an electronic device known as an ankle bracelet. Overall, it can be concluded that electronic monitoring and house arrest serve as viable punishments for criminal offenders.
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A lawyer may also know how to fill out and submit any paperwork that is required for a house arrest request. The subject of house arrest comes up often in movies and television shows but many people may not know how it works in the real world. Although it is not common for defendants to be sentenced to house arrest, it is still used in some cases. The circumstances under which house arrest can be ordered are very specific. Additionally, a sentence of house arrest may include additional punishments or restrictions that are designed to ensure the defendant complies with the court’s orders.
How Much Does House Arrest Cost?
As of 2015[update] over three thousand persons were serving home detention sentences under GPS surveillance. In some countries, house arrest is enforced through the use of technology products or services. One method is an electronic sensor locked around the offender's ankle (technically called an ankle monitor, also referred to as a tether). The base handset is connected to a police station or for-profit monitoring service.
Some local governments don’t have enough funding or resources or the technology and equipment to have the option of home detention. Other jurisdictions might have laws that limit when and how home detention can be used, including eligibility requirements (discussed below). Common eligibility factors for consideration of house arrest include the following. The terms of home confinement are court-ordered on a case-by-case basis in accordance with criminal law. Furthermore, you are not eligible for a reduced sentence and early release date for good behavior while under home confinement. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed.
Motor Law
Then the judge will decide whether to grant house arrest based on the crime charged and the defendant’s criminal history. Even though they can go places beyond their homes, there are still many restrictions on their mobility. To make sure they obey this list, defendants on house arrest also have their location monitored with tracking equipment, typically attached to their ankles, called ankle monitors. The sentence is an alternative sentence to a traditional jail sentence or time in county jail or state prison. Or if you are awaiting trial, the judge can permit you to remain on house arrest on a pretrial basis pending the verdict.
Those criminal charges are considered too dangerous, and only a prison sentence, even life in prison, is an appropriate punishment for those offenders. House arrest is the confinement to a person’s home or other location as an alternative to a jail sentence or prison sentence. When someone is sentenced to house arrest, it means that, for a period of time, they must remain in their home or on their property. Rather than keeping them away by locking them up in jail, they are “locked up” in their own home. In general, violent offenders are not considered eligible for house arrest, and it is inappropriate to use house arrest for offenders such as drug dealers convicted for selling drugs out of their homes.
Incarceration
Again, the goals are to reduce jail and prison crowding and to act as a mechanism to help the offender readjust to life outside prison, with all the attendant pressures and enticements to reoffend. House arrest is a popular alternative to jail time, yet it can be an overly restrictive form of punishment. It limits the freedom of an individual and can make day-to-day life difficult. Fortunately, there are alternatives to house arrest that could offer more freedom while still allowing for supervision. The state of Florida is turning to electronic monitoring as a way to reduce the overcrowding of its prisons.
Home Confinement While on Parole
The arrestee may be given more freedom of movement within a certain distance of their home and only before the predetermined curfew. Someone on house arrest is generally not limited to being in their home, but is only permitted to leave for certain pre-approved locations and activities. Their movement and freedom is still controlled and monitored, however unlike being incarcerated, house arrest allows a person the ability to continue participating in society and at home. The cost-effectiveness of house arrest is dependent on a number of conditions, including where in the trial process it is being used, how it is implemented, what types of offenders are deemed eligible, and whether they recidivate. The cost-effectiveness of house-arrest programs is a controversial issue that is often researched. This approach has been successful in states like Georgia, which implemented similar policies back in 2005 and experienced lower recidivism rates among those on electronic monitoring than those who served traditional jail sentences.
Meeting some or all of these requirements is not a guarantee of eligibility for house arrest, but may increase the chances of a judge granting a house arrest request. A judge may be more likely to grant a house arrest request to a non-violent, first-time offender who has a steady job that helps to support family members or dependents. In this way, the defendant can fulfill financial obligations while still being punished. House arrest is an option for some individuals facing arrest or conviction of a crime. In Pennsylvania, only certain counties use house arrest as an alternative to bail or incarceration.
Home detention monitoring is the most basic type of electronic monitoring. The information provided on this site is not legaladvice, does not constitute a lawyer referral service, and no attorney-client orconfidential relationship is or should be formed by use of the site. Your access of/to and useof this site is subject to additionalSupplemental Terms.
Finally, a judge may sentence the defendant to jail time, and it may be determined at some point during the defendant’s imprisonment – usually for good behavior – that they can serve the rest of their sentence on house arrest. Copyright ©2024 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. In some states, the information on this website may be considered a lawyer referral service.
House arrest, also referred to as “electronic monitoring,” is one type of criminal sentence that is an alternative to incarceration in jail or prison. The arrestee is usually fitted with an electronic monitoring device on their ankle that cannot be easily removed. House arrest is largely praised as an alternative sentencing option to prison. For one thing, it is significantly cheaper for someone to be on house arrest than to be incarcerated. It is averaged that a year on home monitoring costs $6,000, whereas a year in prison costs $23,000. Also, the offender on house arrest typically bears this cost, as opposed to the general public, through taxes.
They might be permitted to leave home to take care of certain family responsibilities or to attend religious services. Chief Adriana Morales of the sheriff’s office said in a statement that electronic monitoring is always court-ordered and confirmed that during Covid-19 there’s been a “dramatic increase” in orders for them. The phrase is interchangeable with home detention, confinement, and electronic monitoring. A house arrest sentence is usually only seen as appropriate for first-time, non-violent offenders. Pretrial house arrest may also be utilized to confine defendants before the trial and sentencing. In many house arrest cases, the defendant wears an ankle bracelet (or electronic tether) to monitor their movements.
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