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California law allows judges to grant house arrest instead of a jail sentence to some criminal offenders. Also called home detention or home confinement, house arrest is an alternative sentencing arrangement that lets you serve time in your residence under certain restrictions. Only certain defendants qualify for home detention, so it’s a good idea to ask an experienced criminal defense attorney if house arrest in California is an option for you.
The Law Offices of Justin E. Sterling is a respected criminal defense firm serving Los Angeles and the surrounding Southern California areas. For over 20 years, Attorney Justin E. Sterling has successfully represented clients facing criminal charges in both state and federal courts. No case is too big or small for our legal team. Call or contact us now for a free consultation about your case and the possibility of house arrest as an alternative to incarceration.
What Is House Arrest in California? | Penal Code 1203.016 PC
House arrest is a sentencing option that requires offenders to remain at home while serving their sentences. It is usually reserved for non-violent or low-risk offenders, allowing them to leave the house for supervised periods to go to work or other approved appointments, outings, or religious services.
House Arrest Rules in California
Courts may impose various rules and restrictions for an offender’s house arrest based on their living situation and the circumstances surrounding their case. A court may tailor house arrest rules to address specific factors to improve defendants’ chances of completing their house arrest term.
Under California Penal Code 1203.016, participants in a home detention program must:
- Give written consent or agreement to comply with the terms of the house arrest
- Agree to remain in the residence except during hours permitted by the judge
- Allow correctional or probation officers into the home at any time
- Consent to electronic GPS monitoring of their location
- Agree to be taken back into custody to serve their sentence if the electronic monitoring system does not work
- Understand that failure to comply with the terms of the house arrest could result in leaving home to serve the remainder of the sentence behind bars
Who Is Eligible for House Arrest?
Offenders seeking house arrest instead of incarceration or probation must show the court that they meet the eligibility criteria for home detention. Your criminal defense lawyer will evaluate various factors to determine your suitability for house arrest, including:
- The nature of the crime (violent or non-violent)
- Your criminal history
- Your risk of committing another crime or posing a danger to the public
- Your sentence (must be county jail)
- Where you live
- Your willingness to follow home detention rules
- Your ability to pay house arrest costs
Courts may decide to impose house arrest for people with physical or cognitive impairments that would make it challenging for them to serve a traditional jail sentence.
Although judges can impose house arrest for both misdemeanor and felony offenses, individuals facing prison sentences for felony convictions rarely receive house arrest as an alternative to incarceration.
How to Request House Arrest Instead of Jail
Following a criminal conviction, your legal counsel can file a brief or motion asking for house arrest instead of jail time. The document must identify factors demonstrating your eligibility and an argument for how house arrest will better serve your rehabilitative needs and the public interest.
How a Criminal Defense Attorney Can Help
Criminal defense attorneys know that home detention is a preferable sentence to jail for any eligible offender. Your lawyer can prepare your request and present a compelling argument to the court about the benefits of house arrest, highlighting advantages like your ability to provide income for your family through work or continue attending school to further your career opportunities.
Cost of House Arrest in California
House arrest involves various expenses related to the monitoring services ordered by the trial court. Potential costs include:
- Electronic monitoring, including the cost of renting a GPS bracelet, setup fees, charging equipment, and monitoring service fees
- SCRAM devices, which continuously monitor for alcohol intoxication
- Drug patches
- Fees for urine and blood tests
- Parole or probation officer monitoring fees
The court may relieve you from paying some or all of the cost of home confinement if you qualify but cannot afford all the fees. In other words, an inability to pay does not disqualify you.
What Happens If You Violate House Arrest?
Correctional officers have various tools to monitor your compliance with your house arrest rules. When automatic monitoring services trigger a violation and officers find supporting evidence, they can charge you with a violation. A court hearing will take place to consider the evidence and determine the next steps.
If the court finds you violated the terms of your house arrest, it can take actions such as:
- Issuing a warning against further violations
- Placing more substantial restrictions on the home detention program
- Revoking house arrest and requiring you to serve the rest of their sentence in jail or prison
Contact a Criminal Defense Attorney Today
At the Law Offices of Justin E. Sterling, we want your criminal case to have the best possible outcome. House arrest can be a satisfactory resolution when an acquittal is not possible, offering you more flexibility and freedom than you would get in jail. Criminal defense attorney Justin E. Sterling can explain your rights and eligibility for house arrest based on your charges and advocate aggressively when appropriate. Contact our law firm today for a free consultation.
