House arrest, also known as home confinement or electronic monitoring, is a legal alternative to incarceration where an individual is confined to their residence by court order instead of being held in jail or prison. House arrest allows people to serve their sentence from home while being monitored electronically and following a strict set of rules and guidelines.
Who Gets House Arrest?
The number of people subject to electronic tagging reached 0.5 million in 2022, with the use of ankle monitors climbing by 140% between 2005 and 2015.
House arrest is typically used for non-violent crimes and first-time offenders. It may be ordered as a standalone sentence, in lieu of jail time, or as part of a probation program. Candidates for house arrest often include those convicted of drug possession, DUIs, white-collar crimes, and non-violent felonies and misdemeanors. Criminal defense attorneys play a crucial role in negotiating such outcomes. It is also used by Immigration and Customs Enforcement, with the use of electronic monitoring tripling between 2021 and 2022.
In some cases, house arrest may be offered to inmates nearing the end of their sentence as a transitional phase before full release.
How Does House Arrest Work?
Individuals on house arrest are required to wear an electronic monitoring device at all times, usually around the ankle. This device communicates with a home monitoring unit connected to the individual’s phone line. The devices track the individual’s location using GPS or radio frequency, ensuring they are in the approved location at all times. If the individual tampers with or removes the device, violates their curfew or leaves the residence without permission, the monitoring company and/or probation officer will be immediately notified.
Rules and Restrictions
In addition to remaining at home at all times except for pre-approved reasons, house arrest often comes with additional rules and restrictions, including:
- Maintaining employment or attending school if required
- Abiding by a strict curfew
- Refraining from drug and alcohol use
- Receiving approval for all visitors
- Allowing probation officers to search the residence randomly
- Staying within home confinement zones and avoiding restricted areas
- Complying with counseling or treatment if mandated
- Paying all home confinement fees and costs
Individuals on house arrest must follow all rules closely to avoid violating the terms of their sentence and facing additional legal consequences.
Benefits of House Arrest
Compared to incarceration, house arrest provides several advantages for both the offender and the criminal justice system:
- Lower cost of housing an individual versus jail or prison
- Allows offenders to maintain employment and relationships
- Avoids risks associated with being in the general prison population
- Encourages rehabilitation by allowing the individual to receive counseling and treatment
- Eases transition back into the community after the sentence is served
House arrest aims to reduce recidivism rates by allowing individuals to serve their sentence at home with supervision rather than in prison. For non-violent offenders, it can be an effective alternative to achieve punishment and rehabilitation goals without disrupting their lives entirely.
The downside of house arrest is that there is a cost involved. Leading criminal defense lawyers have complained that not everyone can afford the $300+ a month for a surveillance device, so the system discriminates against low-income people.
While house arrest requires strict adherence to rules in order to avoid incarceration, it does allow individuals to serve their sentence at home. With proper monitoring and compliance, it can benefit both the offender and the criminal justice system overall.
