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How Does House Arrest Work and Who Qualifies for It?

Posted on January 17, 2025 in Law

The United States prison system manages over 1,000,000 inmates each year. In 2022, the prison population increased by 2% from the previous year to over 1,200,000 people. 

Although incarceration across federal and state prisons is a widely used method of punishing offenders and ensuring public safety, downsides of the prison system include prison overcrowding, high maintenance costs, and inadequate rehabilitation or correctional programs, especially for first-time offenders and lesser crimes.

House arrests and other supervision programs are alternatives to incarceration and have addressed some of the prison system’s downsides. These alternatives particularly address overcrowding concerns, reduce inmate supervision costs, and facilitate adequate rehabilitation of offenders. 

In recent years, the number of offenders under supervision programs has increased by 31%, indicating wider acceptance, while the number of offenders confined in jails has reduced by 13%. However, not all offenders are eligible for home detention, and house arrest rules or conditions vary. These rules are on a case-by-case basis, and violating such rules or conditions may have severe consequences.

home arrest

What is House Arrest?

House arrest is a form of sentencing in which the court orders an offender to remain in their home until the completion of the court sentence. It is an alternative to traditional sentencing that involves incarcerating offenders in their homes. However, it involves constant supervision and, sometimes, reporting obligations on the offender’s part.

Offenders who are placed under house imprisonment typically have the opportunity to undergo other rehabilitation programs, thereby increasing their likelihood of addressing behavioral or mental health issues and avoiding a life of crime. They also remain integrated with society and can be well-adjusted after completing their sentence.

In addition, home detention reduces the government’s financial burden of overseeing offenders, as offenders typically cover monitoring and supervision costs, although the costs and frequency of payment vary by state. Some states require a flat fee and monthly payment.

Types of Home Arrest

There are different types of home detention, and the conditions or house arrest rules largely determine the type of house detention applicable to an offender:

  • Curfew - Generally considered the least restrictive type of house arrest, offenders under a curfew-based house imprisonment must be at their homes or designated areas during specific hours of the day. Outside those hours, they may move freely, subject to other restrictions.
  • Home Detention - This type of home arrest requires that the offender be at home or within their designated area at all times. They are only allowed free movement for specific, pre-approved reasons. Such reasons usually include attending medical appointments, religious activities, and court-mandated activities.
  • Home Incarceration - Offenders under home incarceration must be at home at all times and are not allowed outside their homes unless for medical emergencies. This is considered the most restrictive form of house detention and is typically reserved for serious offenders eligible for house arrest or under probation.

Conditions and Rules 

A house arrest sentence typically includes certain conditions and rules that an offender must abide by, failing which the court may impose more stringent conditions or order the offender’s transfer to jail.

Monitoring and Surveillance

Offenders under house detention are usually under constant monitoring. Monitoring may be through electronic devices, such as ankle monitors and GPS, or by conducting random checks. Sometimes, the offender must report to their supervisor or probation officer within a specific time each day.

monitoring tool

Financial Obligations

Offenders under house imprisonment are largely responsible for the financial obligations related to their sentence. This includes the costs of ensuring their supervision (including maintaining electronic monitoring devices), administrative expenses, court fees, and other incurred expenses. 

Restrictions on Movement

A home detention can be very restrictive, depending on the type of house arrest and the conditions imposed. Offenders are typically allowed to attend religious events, medical appointments, court sessions, and meetings with lawyers. However, unless permitted by the court during sentencing, an offender must seek and obtain the court’s permission before going anywhere outside their home.

Prohibited Activities

Certain actions are prohibited during house arrests. The sentencing order typically details these activities, as they depend on the offense. Generally, though, prohibited activities include tampering with monitoring devices, stepping outside an approved perimeter or designated area, or exceeding curfews. 

More specifically, offenders under house imprisonment for alcohol-related offenses are typically prohibited from consuming alcohol and must submit to random checks. Likewise, offenders may be prohibited from entertaining visitors during their sentence. 

Despite the opportunities that home detention avails offenders, including adequate rehabilitation, connection with their families, and employment, offenders are likely to experience isolation, stress, and anxiety in ensuring compliance with the conditions of their house arrest. This can affect their daily lives and their adjustment in society.

Penalties for Violating Home Detention

House arrest offenders must comply with the conditions and requirements associated with their sentence. Violating house detention rules or conditions may result in the offender's incarceration for the remainder of their sentence, an extended sentence, more stringent home arrest rules, or fines.

The offender may also face additional charges if the violation results in another offense. Examples of violations include tampering with monitoring devices, non-compliance with curfew requirements, assaulting a supervisor, and absence from court-ordered activities.

violating home arrest

How Does Home Arrest Work?

Home detention is a way of keeping an offender outside the jail system while ensuring they are properly supervised and have an opportunity at rehabilitation. To achieve this, offenders are subject to monitoring devices and exercises and must comply with the conditions of the court.

The correctional system monitors offenders under house imprisonment in many ways, including through electronic monitoring systems. These systems include using ankle monitors and other GPS devices. These devices track the offender’s real-time location, ensuring they are within the designated area or their homes as mandated by the court.

Supervising authorities also work to ensure offenders’ compliance. They can investigate and conduct random welfare checks and tests to confirm that an offender is within their home and has not participated in any prohibited activities. In some cases, offenders must check in with their supervisors. Supervisors can report house detention violations.

Supervisors also assist offenders in complying with house arrest conditions, offering guidance and helping them understand their need for rehabilitation where necessary, such as in the case of a juvenile offender. 

Who Qualifies for House Arrest?

The court considers various factors before sentencing an offender to house imprisonment, including the severity of the offense, the offender’s criminal history, the probability of rehabilitation, and the public’s safety. In addition, offenders sometimes request home arrest in plea deals as an alternative to incarceration. 

While those eligible for home detention may vary by state, they typically include the following persons:

First-time offenders

First-time offenders and some juvenile offenders are more likely to receive house imprisonment. This is because these offenders are considered more likely to undergo rehabilitation successfully and avoid criminal activity. 

Non-violent crimes or misdemeanors

Similar to first-time offenders, non-violent and misdemeanor offenders are considered likely to be successfully rehabilitated, and confining them to jail with more violent offenders may lead to extreme results. Therefore, they are more likely to receive house detentions than jail time.

Cases involving health or family considerations

Offenders with health issues or who need to support (or receive support from) their families are another category of people more likely to be sentenced to house arrest. However, they are usually either first-time or misdemeanor offenders. In most states, violent or sexual offenders do not get sentenced to house arrest, and they typically get medical support in jail.

Global Perspective: How House Imprisonment Differs Worldwide

Each state in the United States has specific laws and procedures addressing house arrests. For example, while Arizona requires that inmates serve at least six months before becoming eligible for house detention, there is no such general timeframe for inmates in Delaware.

Likewise, countries have their specific laws and procedures, although European Union countries may collaborate to ensure an offender’s compliance with a valid house arrest sentence by a competent court in another European Union country. 

Similar to the United States, though, umbrella factors that influence whether an offender in the European Union is eligible for house arrest include the nature and severity of their crime, the offender’s criminal history, public safety, and the possibility of a successful rehabilitation. Also, the offender must agree to comply with home arrest requirements.

House detention is becoming widely accepted across the United States and other countries. Its effect in reducing prison overcrowding, the government’s financial burden on monitoring inmates, ensuring rehabilitation, and generally being a more humane approach to correctional justice are key reasons for this wider acceptance.

Nonetheless, it is helpful for offenders considering house imprisonment or those serving time under house arrest to always consult an attorney for clarification or assistance when anything is unclear. A mistake or non-compliance with home arrest rules can lead to stricter punishments and undo many months of effort and compliance

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