“Home Detention” & “House Arrest” Instead of Jail in Colorado

In Colorado, home detention (sometimes with electronic monitoring) is an alternative sentencing option to a jail sentence or prison term available to some defendants.

House arrest allows you to serve your sentence or term of supervision within your home or approved residence while also maintaining your employment and reintegrating into the community.

In this article, our Colorado criminal defense lawyers will address:

• 1. What is a home detention program?
• 2. How do I get home detention?
• 3. How does home electronic monitoring work?
  • 3.1. How much does home monitoring cost?
  • 3.2. Types of electronic monitoring
• 4. What happens if I violate home detention rules?
• 5. Related Topics
  • 5.1. Alternatives in Imposition of Sentence 18-1.3-104
  • 5.2. Alternative Imposition of Sentence for Drug Felonies C.R.S. 18-1.3-104.5
  • 5.3. Community Corrections Programs C.R.S. 18-1.3-301
  • 5.4. County Jail Alternatives C.R.S. 18-1.3-107

1. What is a home detention program?

Home arrest in Colorado is an alternative correctional sentence where you are allowed to serve your sentence within your home. Under the terms of a home detention program, you shall remain within your approved residence at all times, except for approved activities, such as:

• Seeking employment;
• Working at your job;
• Conducting your own business;
• Counseling;
• Alcohol/drug rehabilitation;
• Community service;
• Certain family obligations;
• Attending an educational institution; and
• Medical appointments.¹

2. How do I get home detention?

Not everyone convicted of a Colorado crime is eligible for home detention, even if with a clean criminal history. Unless you are sentenced directly to a day reporting program, you will be confined as sentenced.

You may petition the court at the time of the sentencing hearing or later, for approval to participate in a home detention program. The court is also able to withdraw the home detention privilege at any time, with or without notice.²

Colorado house arrest may be available for anyone convicted of

• a misdemeanor,
• a felony,
• nonpayment of any fine, or
• contempt of court

if the court deems such a sentence appropriate for the offender.³

Individuals convicted of a sex crime, crimes related to domestic violence, or crimes involving the use of a deadly weapon are generally not eligible for home detention programs.⁴

3. How does home electronic monitoring work?

House arrest in Colorado, also known as “in-home detention or home confinement,” is monitored by electronic devices that detect and report your absence or presence within the approved residence. If electronic monitors detect that you are not in the residence as required by the terms of your release, the violation will be reported.

Violations of the terms of house arrest may result in

• revoking home detention,
• additional penalties, or
• imprisonment.

Aside from electronic devices, the terms of probation or home detention may permit a law enforcement officer, parole officer or probation officer to show up at any time and conduct a search or drug test (usually urinalysis).

3.1. How much does home monitoring cost?

The costs of home monitoring depend on whether you are gainfully employed, your other costs, and the type of monitoring involved.

If you are gainfully employed, your wages get distributed according to the sheriff to pay for:

• child support,
• spousal maintenance,
• victim compensation, and
• administrative services.

3.2. Types of electronic monitoring

There are different types of electronic monitoring systems, and each county has its own procedures.

Basic electronic monitoring involves you wearing an ankle transmitter and plugging a monitoring unit into a power outlet in your home. (You also need either a landline or cellular service for the unit to work.) Your anklet then transmits a 24-hour radio frequency (RF) signal to the monitoring agency, which checks for “irregularities” such as:

• tampering with the anklet or monitoring unit;
• staying out past curfew; and
• going to locations that are prohibited under your house arrest agreement.

The majority of Colorado counties use ankles with advanced GPS (global positioning system) technology. It relies on commercial cellular networks to map, track, and send data about your whereabouts 24/7 to the monitoring agency. Therefore the agency always knows when you are in an “inclusion zone” or have ventured into an “exclusion zones.”

Alcohol and drug monitoring

If you are on house arrest for DUI or other alcohol-related crime – or if you are an alcoholic – the judge may order that you wear a Secure Continuous Remote Alcohol Monitor (SCRAM) anklet as well. This device uses transdermal testing to check whether you have ingested any alcohol.

Similarly, if you are on house arrest for a drug-related crime or are an addict, the judge may order that you wear a drug patch that picks up traces of narcotics you may have ingested, including:

• cocaine
• heroin
• methamphetamine
• PCP
• marijuana

Drug patches get checked and replaced once a week.

4. What happens if I violate home detention rules?

Violating the terms of home detention may result in your house arrest in Colorado getting revoked. Common violations include:

• not being at home during required hours
• not showing up to work, school, or face-to-face meetings with your probation officer,
• failing a drug test,
• breaking curfew,
• alcohol detection on the continuous alcohol monitoring device, or
• failure to pay restitution or fines.

If the monitoring devices detect you are not at home during required hours, your probation or parole officer will be notified, and a warrant may be issued for your arrest.

You are then entitled to a hearing where you can argue to the judge that you did not violate your terms and should be allowed to remain on house arrest. If the court finds that you did violate probation, the court may:

• reprimand you,
• harshen and extend your probationary period, or
• remand you to prison.

5. Related Topics

5.1. Alternatives in Imposition of Sentence C.R.S. 18-1.3-104

In Colorado, the trial court has a number of alternatives in entering judgment for a criminal sentence. Sentencing options include:

• probation,
• specialized restitution,
• community service programs, or
• imprisonment.

Sentencing alternatives depend on the specific crime, your history, and potential impact on the safety of the victims.

5.2. Alternative Imposition of Sentence for Drug Felonies C.R.S. 18-1.3-104.5

The law provides alternative imposition of sentences for certain level 4 drug felony cases. During sentencing or resentence after revocation of probation, the court may consider all reasonable and appropriate alternative sentences, including treatment programs or probation.

5.3. Community Corrections Programs C.R.S. 18-1.3-301

Community corrections programs provide a sentencing alternative if you are convicted of nonviolent crimes. Community corrections programs may be available if

• you are ineligible for probation supervision, or
• you have served a portion of your prison sentence and are awaiting parole placement.

5.4. Collateral Relief C.R.S. 18-1.3-107

When you entered into alternative sentencing, the court may enter an order of collateral relief which is intended to improve your likelihood of success, including preserving or improving your job and employment prospects.

Call us for help…

If you have any questions about Colorado house arrest or other sentencing alternatives, contact us at Colorado Legal Defense Group. Our criminal defense attorneys defend clients against DUI charges, drug crime charges, and other criminal cases throughout Colorado state, including Denver, Colorado Springs, Arapahoe, Douglas County, and more.

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