It is becoming more common for people to receive home detention as a form of punishment instead of receiving a more severe form of punishment and captivity in a criminal case. Being subjected to house arrest can occur for a number of different reasons and since this is the case, it is helpful to know the requirements regarding house arrest so that you can avoid potential mishaps and further consequences during your sentence.
In this article, we are going to discuss many related aspects of home detention and the rules and regulations that accompany it. House arrest, while often seen as a more agreeable alternative to standard incarceration, still entails very strict requirements.
Many people who are employed with regular jobs, or who have committed only a minor offense, try to receive house arrest as it may allow them to continue in their career and offers a higher comfort level than most jails. If you are working with a criminal defense attorney, they will assist you in requesting home detention instead of traditional incarceration from the court that is sentencing you.
That will depend largely on the offense committed and if the court is willing to allow you outside of your home during allotted periods.
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. Be aware of the specific checks you need to comply with. Depending on your conviction, you may be subject to drug or alcohol testing periodically.
This is especially likely if your conviction was related to drugs or alcohol as in the case of a DUI. Do not tamper with your monitoring device. Tampering with your electronic monitoring device is illegal and will only serve to worsen your sentence.
Do not make use of substances that were the cause of your conviction. This is especially important if you are being monitored or regularly tested for drug or alcohol consumption.
In most cases, you will be required to pay a weekly or monthly fee for your in-home monitoring device. The exact amount you will have to pay during your house arrest sentence will depend on a number of factors and will be decided by your probation department.
House arrest is similar to parole, if at any point during your sentence you violate the rules of home detention, you will be arrested and sent to jail where you will be expected to serve out the remainder of your sentence.
Since house arrest is seen as preferable to jail confinement, it is best to regard all of the rules of your home detention carefully so that you can continue keeping as close a schedule to normal as possible.
Matthew Leyba, of Leyba Defense, has a long career and ample experience working in criminal defense.
As someone who has been charged with a misdemeanor regardless of how big or small, it is critical that you work with a criminal defense attorney in order to receive a sentence that will allow you to continue with some normalcy in your life during your sentence period. If you are struggling with criminal charges and would like to request house detention, contact expert defense attorney Matthew Leyba today to discuss your wisest course of legal action.
What Is House Arrest? Most likely yes.An amber alert has been issued. Click here to visit the Amber Alert site. Overview In accordance with Indiana Code bthe home detention report is prepared for the Judicial Conference of Indiana by probation departments and community corrections agencies throughout the state.
The Judicial Conference of Indiana prepares a compilation of the statewide home detention data for the Indiana Legislature every January. To ensure compliance with the statute, a report must be submitted by each probation department and community corrections agency in the state, even if the agency does not have a home detention program under Indiana Code The home detention report summarizes the number of persons under home detention supervision either with or without electronic monitoring.
Each agency will identify the number of new supervisions received and closed during the reporting period, as well as the number of supervisions pending at the end of the reporting period.
Information pertaining to the amount of home detention fees collected and the average expense per person per day for the agencies must also be submitted.
Each probation department and community corrections agency in the state must identify the designated user s for inputting the agency data into the Home Detention Reporting application. The reporting period for the annual home detention report runs from October 1st through September 30th. Every October 1st, the designated staff for each agency has access to the report in INcite for the new reporting year. At specific intervals through November 30th, users will be reminded via email of the requirement to submit the annual report.
Once the report has been submitted for their agency that year, the notifications will cease. If you have questions regarding home detention rules, please contact the county that placed you on home detention. The Indiana Office of Court Services cannot answer individual questions regarding the specific terms and conditions of home detention or probation. Contact Information If you have questions regarding home detention rules, please contact the county that placed you on home detention.Being arrested for a crime does not necessarily mean you will be convicted.
Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed.
Visit our California DUI page to learn more. Shouse Law Group represents victims throughout the U. If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages. House arrest Although house arrest can exclusively confine you to your residence, that isn't always the case and, in fact, it seldom is.
After all, home confinement is still punishment And as Orange County criminal defense attorney John Murray 3 explains, "The judge just doesn't offer house arrest. Home confinement It is important to understand that as the offender, you are generally responsible for paying any costs that are associated with regulating your house arrest sentence although you will not be excluded from participating in home detention or confinement based exclusively on an inability to pay.
House arrest is monitored via electronic monitoring. Electronic monitoring is administered in a number of ways, depending on the county in which you live. Some typical examples include but are not limited to :. Basic electronic transmission - Here, you will be fitted with an ankle transmitter and a home monitoring unit.
The bracelet sends a hour signal to the monitoring agency and accounts for any irregularities. This type of system can be set up as long as you have a power outlet and access to a standard phone line or cellular service. It uses commercial cellular networks to transmit data hours a day to the monitoring agency. GPS tracking allows the supervising agency to create specific inclusion and exclusion zones, mapping, and tracking. The agency knows your exact whereabouts at all times. Many courthouses throughout California utilize this technology including but not limited to courts in:.
This alcohol bracelet continuously monitors alcohol concentration, not your whereabouts. Los Angeles County is beginning to use these devices more and more Drug patches - Drug patches are sometimes used to monitor those convicted of California drug offenses.
These patches are removed and replaced weekly. Once removed, they are tested for traces of. And although we have discussed all of these monitoring systems in the context of alternative sentencing, they are also used to monitor and supervise individuals who are placed on parole following their release from the California state prison. When the monitoring agency receives an alert that you have violated the exact terms and conditions that were imposed in connection with your house arrest, it notifies your probation or parole officer.
And California probation laws allow your probation or parole officer to arrest you without relying on a California arrest warrant. This is simply another reason why having an experienced California criminal defense attorney is critical. If you or a loved one is in need of help with a house arrest and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group.
We can provide a free consultation in office or by phone. For information about house arrest in Nevada, go to our article on House arrest in Nevada.
The attorneys at Shouse Law Group bring more than years collective experience fighting for individuals. We're ready to fight for you. Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.
Close X.The Commonwealth of Virginia maintains a house arrest or home-detention program from criminal offenders in a number of cases. There are certain requirements and qualifications that an offender must satisfy before being admitted into the Virginia house arrest program.
The type of offender who qualifies for home detention or house arrest in Virginia is one who is guilty of a non-violent offense.
Generally, individuals convicted of violent offenses do not qualify for house arrest in Virginia. Typically, in order to qualify for house arrest in the Commonwealth of Virginia, the sentence imposed must be for less than a year.
In many cases, qualifying for house arrest is contingent upon the offender having gainful employment. One of the objectives of home detention is to allow an individual to continue earning a living. Electronic monitoring of some type normally is utilized to enforce the requirements of house arrest in Virginia. Therefore, an offender must have the ability to pay for this monitoring and must maintain active phone service at his residence. Supervision over a house arrest program normally is undertaken by a local probation office.
The probation office likely will establish additional qualifications and requirements in a particular case. Mike Broemmel began writing in He also attended Brunel University, London. By: Mike Broemmel. Types The type of offender who qualifies for home detention or house arrest in Virginia is one who is guilty of a non-violent offense.
Chapter 3: Location Monitoring (Probation and Supervised Release Conditions)
Sentence Length Typically, in order to qualify for house arrest in the Commonwealth of Virginia, the sentence imposed must be for less than a year.
Employment In many cases, qualifying for house arrest is contingent upon the offender having gainful employment. Electronic Monitoring Electronic monitoring of some type normally is utilized to enforce the requirements of house arrest in Virginia. Supervision Supervision over a house arrest program normally is undertaken by a local probation office. About the Author. Photo Credits.In justice and lawhouse arrest also called home confinementhome detentionor, in modern times, electronic monitoring is a measure by which a person is confined by the authorities to their residence.
Travel is usually restricted, if allowed at all. House arrest is an alternative to being in a prison while awaiting trial or after sentencing. While house arrest can be applied to criminal cases when prison does not seem an appropriate measure, the term is often applied to the use of house confinement as a measure of repression by authoritarian governments against political dissidents. In these cases, the person under house arrest often does not have access to any means of communication with people outside of the home; if electronic communication is allowed, conversations may be monitored.
Judges have imposed sentences of home confinement, as an alternative to prison, as far back as the 17th century. Galileo was confined to his home following his infamous trial in This method did not become a widespread alternative to imprisonment in the United States and other western countries until the late 20th century, when newly designed electronic monitoring devices made it inexpensive and easy to manage by corrections authorities.
Although Boston was using house arrest for a variety of arrangements, the first-ever court sentence of house arrest with an electronic bracelet was in 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. It is a corrective to mandatory sentencing laws that greatly increased the incarceration rates in the United States.
The terms of house arrest can differ, but most programs allow employed offenders to continue to work, and confine them to their residence only during non-working hours. Offenders are commonly allowed to leave their home for specific purposes; examples can include visits to the probation officer or police station, religious services, education, attorney visits, court appearances, and medical appointments. Offenders may have to respond to communications from a higher authority to verify that they are at home when required to be.
Exceptions are often made to allow visitors to visit the offender. The types of house arrest vary in severity according to the requirements of the court order.
A curfew may restrict an offender to their house at certain times, usually during hours of darkness. In some exceptional cases, it is possible for a person to be placed under house arrest without trial or legal representationand subject to restrictions on their associates. 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 monitoralso referred to as a tether.
The electronic sensor transmits an RF signal to a base handset. The base handset is connected to a police station or for-profit monitoring service. If the offender goes too far from their home, the violation is recorded, and the police will be notified. To discourage tampering, many ankle monitors detect attempted removal. The monitoring service is often contracted out to private companies, which assign employees to electronically monitor many convicts simultaneously. If a violation occurs the unit signals the office or officer in charge immediately, depending on the severity of the violation.
The officer will either call or verify the participant's whereabouts. The electronic surveillance together with frequent contact with their probation officer and checks by the security guards provides for a secure environment. Another method of ensuring house arrest compliance is achieved through the use of automated calling services that require no human contact to check on the offender.
Random calls are made to the residence. The respondent's answer is recorded and compared automatically to the offender's voice pattern. Authorities are notified only if the call is not answered or if the recorded answer does not match the offender's voice pattern.Regional Break Time. Home incarceration: What are the rules? Does anyone know anything about it in kentucky? Do we have to have a home phone??????Tracked: A week under GPS supervision
What are the rules and restrictions, they mentioned it in court the other day for my fiance, but we had to fix an issue and they would agree to it they said, so far we did everything and monday tomorrow we find out more, can anyone give me some advice, or tips or anything on it thanks. Sponsored Links.
As far I know, yes you do have to have a land-line. The HIP Home Incarceration Program can have different restrictions; Some can't leave the house or go more than so many feet outside the door. Some are allowed to go out to school, work, grocery etc only during certain hours. I'm guessing it has to do with thier charges, employment, PO etc.
His restrictions will be gone over with him and he should receive a copy. But its better than prison. I was on this for 3 months in ky. I had to have a "separate" landline with no calling features, just a basic line. They will usually let you go out so many hours a day for work, that is pre approved, and set per your po via the company that contracts the service.
They will usually allow time for religious services, and doctor appts. Best wishes, RM. One thing I forgot to add is that there can be a significant difference in terms of daily monitoring costs.
Part of my 5 yr probated sentence was 3 months home incarceration. My PO worked with me on my monthly reporting costs, and the home program cost, as I explained our need at that time.
Just make sure you remind or let your po know. I know after I went on non reporting status, my po didn't require me to "pay" a monthly fee, which helped out big time.
Best wishes! Originally Posted by RainMan. I was on HIP several times. It sucks, but it's better than jail. You do have to have a landline, and you do have to call the HIP office before you go anywhere.
Sometimes their line is busy for 30 minutes to an hour, but you have to keep calling until you get through.Skip to main navigation. Under 18 U. This form of location monitoring technology will be used to monitor the following restriction on your movement in the community:. Statutory Authority Under 18 U. Purpose This condition serves the statutory sentencing purposes of public protection and rehabilitation. This condition enables the probation officer to satisfy the statutory requirements to keep informed of the conduct and condition of the defendant, and aid the defendant and bring about improvements in his or her conduct and condition.
This condition allows the probation officer to implement supervision methods demonstrated by social science to be effective at achieving positive outcomes.
Research suggests that correctional interventions that follow the principles of evidence-based practices promote positive change in the defendant and reduce the probability of recidivism. One of the evidence-based practices principles is that officers should address criminogenic needs. Location monitoring technology can assist in ensuring that defendants are complying with other conditions designed to address criminogenic needs see: Chapter 1, Section III A 1.
Research suggests that exposure to antisocial associates increases the probability of recidivism. Location monitoring technology can assist with ensuring compliance with other conditions designed to reduce the defendants access to antisocial peers and increase associations with prosocial peers see: Chapter 1, Section III A 2. Research suggests that the probability of recidivism is reduced when defendants develop and maintain prosocial bonds to work and other prosocial institutions.
Location monitoring technology can assist with ensuring compliance with other conditions designed to facilitate the development and maintenance of prosocial bonds see: Chapter 1, Section III A 3. Research suggests that for a criminal event to occur there must be an opportunity to commit a crime. Probation officers may also monitor defendants through contacts with the defendant and his or her social network, verifying employment, restricting travel, and providing positive reinforcement for prosocial routine activities.
Location monitoring technology can assist with ensuring that defendants avoid places with crime opportunities see: Chapter 1, Section III A 4. Location monitoring technology may allow defendants on supervision to continue to support their families and pay their taxes; in addition, it is less costly than incarceration. Method of Implementation Types of Restrictions Curfew: Curfew requires the defendant to remain at home during set time periods of the day e.
Home Detention: Home detention requires the defendant to remain at home at all times except for pre-approved and scheduled absences for employment, education, religious activities, treatment, attorney visits, court appearances, court-ordered obligations, or other activities as approved by the probation officer.
Home Incarceration: Home incarceration requires hours-a-day lock-down except for medical necessities and court appearances or other activities specifically approved by the court. Stand-alone monitoring: This refers to when the court orders the use of location monitoring technology without placing the defendant on curfew, home detention, or home incarceration. The purpose is to use any type of location monitoring technology for supervision purposes and to monitor and enforce any other condition of supervision e.
Types of Monitoring Technology. Voice recognition: These systems can be used to place or receive random telephone calls to defendants to verify their presence at an approved location, which is typically their home.