home confinement alternatives in california

8/13/2019 Home Confinement Alternatives in California

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HOME CONFINEMENT

ALTERNATIVES IN

C ALIFORNIA

A Closer Look at Home Confinement in Califonia –

What Home Confinement Is,

Who Is Eligible for this Type of Sentencing, What are theRules 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 yourtransgression.

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 isn’t 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 anoffender 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)

http://ocgov.com/gov/probation/housearrest/











About the Author

Domenic J LombardoDomenic 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 LombardoThe Executive Complex 1010 Second Ave., Ste. 1820

San Diego, CA 92101

www.AttorneyLombardo.com

http://www.attorneylombardo.com/

http://www.attorneylombardo.com/

home confinement alternatives in california

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