California Penal Code 1203.016 PC permits judges to assign eligible offenders, usually those convicted of nonviolent crimes, to house arrest rather than jail.
This involves strict supervision, such as electronic monitoring, and requires the individual to remain at their residence, meet certain conditions, such as having a stable home, pay applicable fees, and comply with court orders.
Imagine a scenario where a judge allows you to serve part or all of your sentence through home confinement. Time spent at home counts as jail time under Penal Code 2900.5(f). This provision offers a sense of relief, as California's criminal courts actively seek ways to reduce jail overcrowding while addressing illegal activity.
For certain defendants, alternative sentencing options are available instead of incarceration, with electronic monitoring or home confinement being common choices.
Electronic Monitoring
Electronic monitoring programs exist, but not all defendants qualify for house arrest as an alternative to jail. Eligibility depends on specific rules that set conditions for home confinement, requiring individuals to remain in their homes for specified periods.
This is typically managed through an electronic monitoring device that restricts movement to a designated location. House arrest involves wearing an ankle bracelet that verifies your presence at specified times. Additionally, electronic monitoring can be used as part of probation or parole conditions.
Electronic monitoring uses GPS and satellite systems to track your movements in your neighborhood, primarily to ensure compliance with probation conditions. The SCRAM device (Secure Continuous Remote Alcohol Monitor) is another electronic monitoring tool used specifically as a penalty in DUI cases.
What Are the Benefits of House Arrest?
House arrest is an alternative form of sentencing that offers significant flexibility. You must remain at home for a set period. Still, you are usually permitted to leave for work, school, medical visits, mandatory counseling or classes, or other required appointments, such as community service or court hearings. This flexibility can empower you to maintain a semblance of normalcy in your life.
In many ways, house arrest is similar to probation, but it also significantly limits you to your home. If you break the rules of house arrest, authorities can arrest you without a warrant and send you back to jail to serve the rest of your sentence.
Opting for house arrest instead of jail offers several advantages. Most notably, it allows you to maintain your job and continue providing for yourself and your family financially.
Home confinement offers more freedom than jail, allowing you to move around your residence freely and have visitors, subject to court restrictions. As long as you follow the court's rules, days in home confinement will count as jail time until your sentence is finished.
Who Is Eligible for House Arrest?
House arrest is typically not available as a sentencing option unless your attorney requests it. The attorney must then provide a strong argument demonstrating that you qualify for home confinement and are a suitable candidate. You may be considered for house arrest if:
- You are a nonviolent, low-risk offender.
- You have been sentenced to serve time in county jail.
- You reside in the same county where your offense took place.
- You can be reached by phone, and
- You agree to follow the home confinement terms set by the court.
- You are charged for the program according to your means;
- The court did not prohibit you from participating in a house arrest program.
House arrest can be used for both misdemeanor and felony charges, but it is uncommon to be granted house arrest in place of serving a prison sentence. You're more likely to be considered if you're sentenced to county jail rather than state prison. House arrest is usually unavailable for defendants convicted of serious, violent, or multiple crimes.
You might also qualify for house arrest if you have a physical or mental impairment or disability that would make serving your sentence in jail unreasonably difficult.
In some cases, a judge may order house arrest for a period as part of a parole agreement to release you from jail or prison. This process is similar to standard parole or probation terms.
You agree to follow the home confinement conditions and to be electronically monitored. Violating these terms could lead to parole revocation and your return to jail or prison.
What Are the Conditions of House Arrest?
If the court approves your request for house arrest, you must adhere to the specific conditions. These requirements, determined by the case details and the judge's orders, are not to be taken lightly.
- Staying in your residence at all times, except for work, school, medical appointments, or other essential activities.
- Submitting to electronic monitoring, such as wearing a GPS-tracked ankle bracelet.
- If applicable, submit to drug and alcohol monitoring using SCRAM devices, drug patches, random drug tests, or similar methods.
- Agreeing to a curfew
- Engaging in community service or participating in court-ordered counseling
- Regular face-to-face visits by a parole officer, including unannounced home checks.
Consequences of Violating House Arrest Terms
Understanding the potential consequences of violating house arrest terms is crucial. If you breach any conditions, such as leaving home without permission, tampering with your monitor, or failing a drug test, the repercussions are similar to violating probation.
The devices used to enforce house arrest communicate with the electronic monitoring agency. If you exceed the allowed distance, the device will register a violation and automatically note a signal disruption.
The monitoring agency will notify your probation or parole officer, which could lead to your arrest for violating program conditions. The judge might revoke your home arrest and impose the remainder of your sentence.
If you break any house arrest conditions—such as leaving home without permission, removing your monitor, or failing a drug test—the consequences are similar to violating probation.
You could be arrested and taken into custody without a warrant, after which you will appear before the judge for a probation violation hearing. The judge may then choose to do any of the following:
- Forgive the violation, such as when your attorney offers a reasonable explanation or if it was an oversight.
- Modify the conditions of your house arrest to impose stricter restrictions; or
- Revoke your house arrest and send you to jail to serve your sentence.
If you're facing a criminal allegation, you may qualify for home confinement as an alternative to jail. Our California criminal defense lawyers are well-versed in all sentencing options that could help you avoid incarceration.
To proceed, we need to review your case details to identify the best approach for keeping you out of jail. The Hedding Law Firm is located in Los Angeles, California. You can reach us by phone or through our contact form for a case review.
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