HOME CONFINEMENT ALTERNATIVES IN CALIFORNIA

A Closer Look at Home Confinement in Califonia What Home Confinement Is, Who Is Eligible for this Type of Sentencing, What are the Rules as well as the Consequences of a Violation

DOMENIC J LOMBARDO

If you are convicted of a criminal offense in California part of your sentence may include a term of incarceration. A sentence of incarceration may be served in the county jail or in a state prison. Typically, sentences under one year may be served in the county jail whereas sentences of over a year will be served in a state prison. Because of the increase in the number of offenders sentenced to incarceration in the United States over the past several decades, and the cost of housing those offenders, alternative methods of incarcerating an offender have become popular. One alternative to incarceration is home confinement.

The term "home confinement" is a broad term that is used to encompass a variety of different alternatives to incarceration all of which, as the name implies, confine an offender to his or her home. Although most people use the term "house arrest" when referring to home confinement, that term is a bit misleading because an offender is not necessarily required to remain at home at all times. The common factor in all types of home confinement sentencing alternatives is that the offender is electronically monitored at all times. Often, the offender is allowed to leave the house to go to work, school, medical appointments, and court appearances. Sometimes, an offender has even more freedom to come and go as he or she chooses up to a designated curfew time; however, the

authorities know where the offender is at all times through the use of some type of electronic monitoring.

There are two basic ways in which you can be placed into a home confinement program. One way is through a condition included in a plea agreement that is reached after negotiations between your attorney and the prosecuting attorney. If your attorney is able to get the prosecuting attorney to agree that you will serve your sentence on home confinement, and the judge approves your plea agreement, then you should be sent directly to a home confinement program, assuming you meet all of the technical requirements. If you are not sentenced directly into a home confinement program you may still be found to be eligible once you begin your sentence at the county jail. Typically, once you begin your sentence you will need to apply to the Sheriff's Department to finish your sentence on home confinement. Eligibility will vary somewhat from county to county; however, there are some fairly universal guidelines, including: You cannot have a history of violence The current conviction cannot be for a violent offense Presence of a victim in the crime for which you are being sentenced might preclude you unless the victim consents You should be considered a minimum to medium risk offender the lower the risk the better your chance of being accepted

The judge cannot have precluded home confinement when you were sentenced You will need a permanent and acceptable residence You will need a telephone line in most cases

Just as the eligibility requirements for home confinement will vary from county to county, so may the types of equipment used to monitor an offender on home confinement. In addition, the type of equipment used to monitor an offender is often tailored to the type of offense for which the offender was convicted. Some of the more common types of home confinement monitoring equipment that may be used include: Ankle Bracelet the most basic type of monitoring system, the ankle bracelet , is essentially just what it sounds like an electronic bracelet that is fitted around your ankle. You will also have a base unit that you place in your home and that is connected to a telephone line. The bracelet and base unit then communicate with each other. If you stray more than a designated distance from the base unit it will record your transgression. Global Positioning System (GPS) this is a more sophisticated system that can allow for more physical freedom. If you use a GPS

system you will be fitted with a bracelet similar to the ankle bracelet system; however, you will not have a base unit inside your home. Instead, you will be tracked through your bracelet in much the same way as the GPS navigation device in your vehicle or on your cell phone operates. Thee authorities will know where you are at all times. You may also be given exclusion zones where you cannot go. These zones are typically used if a victim was involved in your crime to ensure that you have no contact with the victim. Secure Continuous Remote Alcohol Monitor (SCRAM) this system also uses an ankle bracelet but it is used to detect alcohol instead of to determine your whereabouts. Used for DUI convictions, or in cases where a judge is convinced that you have a serious alcohol problem that may have contributed to you committing the crime for which you have been sentenced, SCRAM isnt technically a home confinement program but can be an alternative to traditional incarceration nonetheless.

If you to qualify for a home confinement program in lieu of traditional incarceration there will likely be a long list of rules that accompany your home confinement program. While some of those rules will be tailored to fit the circumstances of your case there are also a number of rules that are fairly universal, including things such as: Curfew you will be required to be home by a designated curfew each night unless you have been pre-approved to work at night.

Drug/alcohol testing you must submit to random drug//alcohol testing unless you have a SCRAM unit. You may also be ordered to wear a drug patch that tests for the presence of illegal substances. Regular check-in you will have to check-in with the agency that monitors you on a weekly or monthly basis as well as submit to random at-home checks. Fees you are required to pay the cost of your monitoring. Employment you will be required to maintain employment or be enrolled in school unless you are physically or mentally unable to work. No-contact if your offense includes a victim (such as domestic battery) you will be prohibited from having contact with the victim.

If you are allowed to serve a sentence of incarceration to a home confinement monitoring program it is essential that you remember that you are still, legally, serving a sentence. Participation in a home confinement monitoring program is a privilege, not a right. Even if your participation in the program was part of a plea agreement, if you violate the terms of the program you can be forced to complete your sentence through traditional incarceration in jail or prison. Because equipment used to monitor an offender who is on home confinement is electronic equipment it is not infallible. If you are on home confinement and you suspect that there is a

problem with your equipment contact your attorney immediately to avoid being violated for something you did not do. Home confinement in California is a sentencing alternative that allows the offender to maintain employment and remain at home with his or her family. It also helps to decrease the overcrowding that has become notorious in county jails and state prisons. It can be a win-win situation for everyone; however, it is crucial that an offender understand the rules of home confinement, as well as remember that placement in a home confinement program is a privilege and not a right. If you think that you might be eligible for a home confinement program be sure to speak to an experienced California criminal defense attorney as soon as possible. Orange County Government, Adult House Arrest Information Riverside County Sheriff, Full Time Supervised Electronic Confinement Program (SECP)

About the Author

Domenic J Lombardo
Domenic J. Lombardo, (Attorney at Law) graduated from University of California, Los Angeles (U.C.L.A.), earning a B.A. in Economics-Business, before graduating with his J.D. from University of California, Hastings School of Law. He passed the California Bar Examination on the first try, and immediately began practicing as a criminal defense attorney in San Diego, California. Mr. Lombardo worked as a defense lawyer at the San Diego Office of the Public Defender from 1991 to early 1996. Mr. Lombardo opened the Law office of Domenic Lombardo in 1996 as a a sole practitioner dedicated entirely to the defense of individuals accused of crimes. And while Mr. Lombardo works as the primary attorney for all his cases, he does have a team of investigators, forensic consultants, and paralegals to call on to help achieve the best possible result in every case. When he is not working, Mr. Lombardo is an avid family man, triathlete, and world traveler. The Law Office of Domenic J Lombardo The Executive Complex 1010 Second Ave., Ste. 1820 San Diego, CA 92101 www.AttorneyLombardo.com