If you have been convicted for a minor charge and wish to continue working or attending school throughout your home detention period, you must provide the court with an accurate and detailed work or school schedule that they will review and approve. On some occasions, you may be able to leave your home detention for community service or counseling sessions as well.
If you have been confined to house arrest, it is crucial that you adhere to all requirements of your confinement and obey court orders implicitly. Here are several general rules that people under house arrest typically must adhere to. Obey curfew. If you plan to and are permitted by the court to continue working throughout your house arrest sentence, you must still obey the court ordered curfew perfectly.
Usually, this means that during certain times of the day and evening before and after work you must be at home and are not permitted to leave the house except for work. Always request court permission. If there is an event that you must be present for that is outside of your home, make sure that you request court permission before attending.
Submit an accurate work schedule to the court and wait for approval from them before returning to your normal daily routine. If you don't follow a condition of your sentence, it's called a breach. You will have a hearing where the Crown will have to be prove on a balance of probabilities that you didn't follow the conditions of your sentence. This means it needs to be shown that it's more likely than not that you didn't follow the conditions of your sentence. You may have to go to jail until your hearing. The breach will not result in new charges against you.
Unless you can show you had a reasonable excuse for breaching your conditional sentence, the court can take any of these actions against you. At your sentencing hearing , the judge will also consider:. The judge decides your sentence based on what they think is appropriate and reasonable. Skip to main content.
Next steps 1. Learn when a sentence of house arrest is available. Understand what a conditional sentence means. Understand the consequences of not following the conditions. Prepare for your sentencing hearing. Find services Criminal Law - Guilty pleas and sentencing.
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Find services. Related Questions. In some cases, people under home detention may leave their homes for work or family obligations. The device allows law enforcement personnel to track the physical location of the person being monitored. Requirements of home detention are clearly outlined by a judge or probationary body responsible for monitoring.
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The cost of electronic monitoring is usually the responsibility of the person being monitored, in fact, it is usually one of the requirements of house arrest. There are arguments both for and against house arrest based on electronic monitoring. The arguments for are that it saves the criminal justice system money, helps keep families together, and can allow a person to remain employed or in school during the period of detention.
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Other advantages are that it limits social interaction with other criminals, monitors drug and alcohol use, addresses special medical needs of individuals, and provides special protection for detainees whose safety is jeopardized by confinement in jails or prisons. Opponents argue that it is not punitive and that it can pose a threat to the community when electronic monitoring devices either fail or are ignored or destroyed by detainees. The earliest forms of house arrest in the United States can be traced to the early s. However, home detention was used in European societies as early as the s.
The most notable use was the house arrest of Galileo.
The practice was not widely used in the United States until the early s when advancements in technology allowed criminal justice personnel to electronically monitor detainees with electronic monitoring bracelets. Further advancements in monitoring devices allow the detection of alcohol or marijuana use by the person wearing the device.
The process and guidelines for home detention vary among local, state, and federal jurisdictions. Simply put, this means that each jurisdiction has authority for determining the process or guidelines for home detention in its jurisdiction. In federal jurisdictions, home detention is based on risk classification.
Risk classification is a process whereby an offender is evaluated, on the basis of several factors, to determine the risk of recidivism or threat to the community posed by the offender Gowen Further, many states also use some form of risk classification in determining suitability for house arrest.
Persons who are classified as posing a threat to the community or that are likely to recidivate are not provided with the option of home detention. Persons who are eligible for house arrest are not deemed a danger to society. They include detainees awaiting trial, sentenced to probation, and transitioning back to communities such as those on supervised release from prison or serving parole sentences. Most detainees participate in house arrest for one of three reasons. Second, parole boards often use it in lieu of revocation of parole or as a condition of mandatory release and judges use it as a condition of probation.
Finally, the Federal Bureau of Prisons may administratively require an inmate to participate in the program during the last portion of a prison sentence Gowen While serving house arrest, detainees must abide by requirements in the order of detention. Requirements also prohibit alcohol or illegal drug use and, when warranted, limited use of the internet or access to pornographic materials. If the detainee is on a pretrial bond from a bonding company, he or she may also be required to contact the bonding company, either daily or weekly.
When a pretrial detainee on bond from a bonding company fails to contact the company, the detainee's bond can be revoked by the company and the detainee returned to jail. Detainees are also subject to random or scheduled home visits from parole or probation officers as well as random testing for drug and alcohol use.
If detainees are charged with a sex crime, they may not be allowed social contact with certain people, for example, anyone under a determined age. In some cases of home detention, detainees are allowed to leave their residence under specific conditions. The conditions are specified in the detention order. Some detainees are allowed to travel to and from work, to and from the grocery store or pharmacy, and for other approved errands.
Unless the detainee has prior approval, he or she must be home during the hours of curfew. Voice recognition technology allows random or scheduled phone calls to locations that detainees are required to be at scheduled times. Further, detainees are often required to make phone contacts while at specific locations. The majority of persons supervised under house arrest are required to participate in electronic monitoring as it allows probation or parole officers to monitor the logistical movements of detainees.
Home Detention Rules: The Dos and Don’ts of House Arrest - Seattle DUI Lawyer
The most common way an individual is monitored is with an electronic ankle bracelet. The ankle bracelet monitor is worn around the ankle at all times; it must not be removed or tampered with for any reason. If the bracelet is removed or compromised, authorities are electronically notified by the equipment. There is a variety of bracelets that meet the needs of specific detainees. For example, detainees with substance abuse problems would most likely be provided with ankle bracelets with the capability to monitor alcohol or designated drugs.
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In some jurisdictions, detainees must arrange for monitoring service with an independent approved provider. In other cases, the monitoring device and service is arranged by the agency requiring house arrest. The period of house arrest varies by jurisdiction; however, it is usually based on circumstances in each case. Some states prescribe house arrest for an undetermined amount of time, while others do not. In a North Carolina detainee challenged indeterminate sentencing with electronic monitoring see State v.
The detainee's challenge was upheld by the state appellate court when it ruled that a determined amount of time had to be set if electronic monitoring was used as a condition of house arrest.