5 common rules of home confinement are:
- random check-ins by a probation officer,
- wearing an ankle monitor around the clock,
- no drugs or alcohol,
- no leaving the house except with prior approval, and
- an evening curfew.
Violating a rule of house arrest can lead to jail time.
However, the rules of a home confinement program are generally tailored to you and your case. For example:
- if you are charged with domestic violence, you are often prohibited from contacting certain people,
- if you are convicted of child pornography or other sex offenses, you may have your internet monitored, and
- if you are convicted of fraud or conspiracy, you may be restricted as to who can come and visit you.
Nevertheless, house arrest is generally seen to be a more favorable type of confinement than jail or prison time. A criminal defense attorney can help you secure a sentence of home confinement, rather than in county jail.
1. Regular visits by a probation officer
The rules of house arrest almost always include visits by a probation officer or parole officer. These visits are used to ensure that the other rules of house arrest are being followed.
In addition to regularly scheduled visits, probation officers are also entitled to unannounced visits.
While under home detention, you may also have to attend meetings at the probation office. Because these meetings would be arranged well beforehand, you would be allowed to leave your house to attend.
2. Wearing an ankle monitor at all times
While under house arrest, you are almost always required to wear a global positioning system (GPS) device at all times. These electronic monitoring devices usually come in the form of an ankle bracelet. They have to be worn 24/7, while you are at home and while you are out on pre-approved activities.
In addition to the ankle bracelet, your home is equipped with a base unit that communicates with the monitoring center. This unit is connected toyour home phone line and is used to transmit data from the ankle bracelet. The device will notify the probation officer if it ever leaves the property boundaries or the house. The probation officer can then arrest you, even without an arrest warrant.
The ankle bracelet is the source of much of the cost of being under house arrest. Setting up the monitoring equipment often costs more than $100. Then there is the daily rate for the monitoring service, which can be as high as $50 per day. While some jurisdictions subsidize the costs for low-income people under house arrest, not all do.
Tampering with the monitoring device or taking it off is a violation of the rules of house arrest. You may be sent to jail for the rest of your sentence.
3. Abstain from drugs and alcohol
Home confinement rules also require you to abstain from drugs and alcohol. This is especially common if the home detention stems from a drug possession offense or a case of driving under the influence (DUI).
Usually, the probation officer will search your house for drugs or alcohol during their regular or unannounced visits. The officer can also demand that you take a random drug test to ensure compliance.
In some cases, though, you will have to wear a drug or alcohol detector, in addition to your ankle bracelet. These tend to come in the form of an adhesive patch that is worn on the skin, or as a secure continuous remote alcohol monitoring (SCRAM) device. Tampering or removing them would violate the terms of house arrest.
4. No leaving the house without prior approval
The most obvious rule of house arrest is that you have to stay on the premises. However, contrary to popular belief, home detention does not necessarily mean that you can never leave. You just need to have prior approval before leaving.
Some common activities that you may be allowed to attend under house arrest are:
- religious services,
- appointments for medical care with your normal doctor,
- counseling sessions with your normal therapist,
- work,
- school,
- required drug or alcohol treatment programs, and
- community service requirements.
Leaving the premises without prior approval is a violation of the rules of house arrest. Even if the journey was for an emergency, you would have to prove that it was legitimate.
5. Comply with an evening curfew
House arrest generally comes with an evening curfew. This curfew limits when you can do pre-scheduled activities off the property. However, the timing of the curfew can be flexible, especially if you have pressing commitments after hours, like if you work late.
What happens if I violate a rule of house arrest?
Generally, home confinement is a type of probation. Violating a term of home detention, then, is a type of probation violation. Common probation violations are:
- leaving your home without prior permission
- tampering with or removing the electronic monitoring equipment
- having a “dirty” drug or alcohol test result
- committing a new crime
- losing your job
- missing mandatory programming
When probation officers or law enforcement suspect you violated your house arrest, they will arrest you. Unless you can bail out, you will be held in custody until your probation violation hearing. This is where the judge decides whether to:
- reinstate the rules of home confinement without changing them,
- modify the rules with stricter terms, or
- revoke home detention and send you to serve the rest of your term in jail.
The severity of the violation will matter, a lot. So will any prior violations. A criminal defense lawyer can be a big asset to have at this stage in the process.
(If you were out on parole, then the violation will likely lead to a revocation of parole. You will be sent back to prison.)
What is home confinement?
Home confinement is an alternative to jail or prison. Rather than being kept behind bars, you spend the time confined in their home. It can be used as:
- pretrial confinement if you are a lower flight risk,
- post-conviction confinement if you are awaiting your sentencing hearing, or
- an alternative sentence to prison or jail.
Home detention is generally only an option if you:
- were convicted for misdemeanors or low-level offenses,
- were convicted in a non-violent criminal case, and
- have a stable housing situation, with a landline to receive calls from the probation department.
In state court cases, you generally have to request a sentence of home confinement, rather than a term of imprisonment. Judges rarely grant house arrest if it is not requested. In contrast, federal prison inmates do not need to take any specific action to be considered for home confinement, as the review process is initiated by the Bureau of Prisons.
Eligibility
Judges have a lot of discretion in whether to award home confinement. Some factors include:
- your criminal history,
- the criminal charge that you are facing or have been convicted of,
- whether you are a low risk of flight,
- your disciplinary record,
- your participation in rehabilitative programs,
- your risk of recidivism,
- any substance abuse problems that you have,
- whether you have a stable job that would be lost if you were sent to jail,
- whether you have a suitable home environment to serve your sentence,
- whether you have a family to take care of, especially if you care for an elderly family member or a child, and
- your age.
No “good time credit” on house arrest
There are numerous differences between house arrest and jail. While most of these differences make house arrest more favorable to you, there are some drawbacks. One of them is the lack of good time credit in many jurisdictions.
In jail, you may be released before your entire sentence is served by accumulating enough good time credits. On house arrest, you cannot get an early release date. You have to spend the full amount of time in home incarceration.
Home confinement under federal law
Residential Reentry Centers (RRCs), known as halfway houses, are a bridge between federal prison and home confinement. They are operated by private contractors under the supervision of the BOP.
At the RRC, you are provided with a structured environment and a range of support services, including employment assistance, counseling, and substance abuse treatment. The RRC staff is responsible for monitoring your compliance with the terms of their home confinement, which may include electronic monitoring, drug testing, and adherence to a strict schedule.
The length of your stay at an RRC can vary depending on your individual circumstances and the length of your remaining sentence. While at the RRC, you may be granted increasing levels of freedom, including the ability to leave the facility for work or other approved activities.
The transition from an RCC to your home
Once you have demonstrated your ability to comply with the rules and regulations of the RRC, you may be approved for transfer to home confinement. While on home confinement, you are still considered to be in the custody of the BOP and must continue to follow a strict set of guidelines. This may include regular check-ins with a probation officer, drug testing, and limitations on travel and associations.
After successfully completing the term of home confinement, you may be transferred to supervised release. During this final phase, you are no longer in the custody of the BOP but are still subject to certain conditions and supervision by a probation officer. The goal of this multi-step process is to provide you with the support and structure you need to successfully reenter society and reduce the risk of recidivism.
Second Chance Act and CARES Act
In recent years, parolees have been more likely to be let out on community confinement, like house arrest. The Second Chance Act was signed into law in 2008. Under that law, case managers at the Federal Bureau of Prisons (BOP) could allow federal prisoners to serve up to the last six months of their sentence in a halfway house. This helped to facilitate their reentry into the community.
This impetus was expanded in response to the COVID-19 pandemic to reduce the spread of the virus in prisons. The CARES Act (Coronavirus Aid, Relief, and Economic Security) allowed for the compassionate release of prisoners who had risk factors for the virus, according to the Centers for Disease Control (CDC), and who pose a lower risk of flight. Many inmates who had served a large portion of their sentences were also released to home confinement.
Additional reading
For more in-depth information, refer to the following scholarly articles:
- The New Panopticon? Examining the Effect of Home Confinement on Criminal Recidivism – An International Journal of Evidence-based Research, Policy, and Practice.
- An Analysis of Home Confinement as a Sanction – Federal Probation.
- Home Confinement in the United States: The Evolution of Progressive Criminal Justice Reform – Trento Student Law Review.
- Sentenced to Prison, Not to Death: Home Confinement During the Pandemic and Moving Beyond COVID-19 – Arkansas Law Review.
- Psychological Issues of Home Confinement – St. Louis University Law Journal.