What is House Arrest?
House arrest (also known as home confinement, home detention, or electronic monitoring) is an example of an alternative sentence granted to a few convicted offenders rather than serving a jail or prison sentence. Instead of incarceration, he/she will be subjected to a set of rules and regulations set by the court. One of the most common among these guidelines is the protocol that restricts the offender's travel privileges making sure that he/she must be inside the premises of his/her home for most, if not all, of the time.
Who qualifies for a house arrest?
Not everyone qualifies for home detention. As a matter of fact, only a handful of individuals are granted this privilege. To be eligible for house arrest, an offender must:
- be a nonviolent offender,
- be sentenced to serve time in county jail,
- agree to the rules and regulations of electronic confinement
- reside in or near the county in which he/she is convicted,
- have a working landline in his/her residential area, and
- afford the necessary fees for home confinement privileges.
California Penal Code PC 1203.016 or the California house arrest law is the statute that states the conditions that should be met by people under house arrest. It says that as long as it is notwithstanding any other law, the board of supervisors of any county may authorize the correctional administrator to offer a program under which inmates committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate or involuntarily be placed in a home detention program during their sentence instead of confinement in a county jail or other county correctional facility or program under the auspices of the probation officer.
For clarification, As used in this law, “correctional administrator” means the sheriff, probation officer, or director of the county department of corrections.
In consultation with the correctional administrator, the board of supervisors may prescribe reasonable rules and regulations under which a home detention program may operate. While participating in the home detention program, the inmate shall give consent in writing to participate in the home detention program and shall in writing agree to comply or, for involuntary participation, the inmate shall be informed in writing that the inmate shall comply, with the rules and regulations of the program, including, but not limited to, the following rules:
- The participant shall remain within the participant's residence's interior premises during the hours designated by the correctional administrator.
- The participant shall admit any person or agent designated by the correctional administrator into the participant's residence at any time for purposes of verifying the participant's compliance with the conditions of the detention.
- The participant shall agree to use electronic monitoring, including Global Positioning System devices or other supervising devices, to verify compliance with the home detention program's rules and regulations.
- The participant shall agree that the correctional administrator in charge of the county correctional facility from which the participant was released may, without further order of the court, immediately retake the person into custody to serve the balance of the person's sentence if the person for any reason no longer meets the established criteria under this law.
The court may recommend or refer a person to the correctional administrator for consideration for placement in the home detention program. The court's recommendation or referral shall be given great weight in the determination of acceptance or denial. At the time of sentencing or at any time that the court deems it necessary, the court may restrict or deny the defendant's participation in a home detention program.
The correctional administrator may permit home detention program participants to:
- seek and retain employment in the community,
- attend psychological counseling sessions,
- enroll in educational or vocational training classes, or
- seek medical and dental assistance.
Willful failure of the program participant to return to the place of home detention not later than the expiration of any period of time during which the participant is authorized to be away from the area of home detention pursuant to this law unauthorized departures from the place of home detention are punishable as provided in Section 4532.
To know more about the nuances of California's house arrest law PC 1203.016, it would be in your best interest to seek the assistance of our top-notch California based criminal defense lawyers. They have all the necessary knowledge and experience to help your party when you ever had the misfortune of facing serious legal disputes.
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