How long can you be on house arrest? House arrest duration varies based on crime type, jurisdiction, and criminal history. Periods can range from two weeks to years. Here is everything you need to know about house arrest.
What is a house arrest?
House arrest (sometimes called home detention)is a legal option commonly used in the US as an alternative sentence to imprisonment for non-violent offenders.
It may also be used temporarily before a trial or sentencing.
During house arrest, individuals are generally required to remain at home, wear electronic monitoring devices (ankle monitor, for example), and may only leave for pre-approved activities.
Why can people be put under house arrest?
As I have already mentioned earlier, whether a person is put under house arrest or sent to prison depends on too many factors. However, I have noticed some similarities between the cases.
Non-violent offenses
People can be put under house arrest as a punishment for committing a crime, however only for non-violent offenses.
Crimes committed by minors
In many cases where a juvenile commits a crime, the judge may place the youth under house arrest. This is because it is often more beneficial to focus on helping the youth rather than punishing them. However, the judge’s decision may differ if the crime committed is violent.
Crimes committed by elderly
The elderly as well as juveniles are more likely to be put under house arrest rather than be sent to jail or prison. Usually, it is due to health restrictions that they may have.
First-time offenders
If the person who committed the crime had never done similar acts before, he or she might get a house arrest. However, it is also only possible if the offense in question is fairly serious.
Restrictions during home detention
If you are under home confinement, you are required to strictly follow a set of house arrest rules that were established by the criminal justice system. Although the rules of house arrest depend on conditions set by the judge and house arrest agreement, I’ve found general commonalities among them.
The requirement to remain at home
While placed on house arrest, a person’s movements are limited since they are expected to spend almost all of their time in home detention whether a person’s at home or not is usually checked by GPS ankle bracelet or other electronic monitoring devices.
As I know, typically, individuals are only allowed to leave their homes for pre-approved activities, which may include medical appointments, religious services, court appearances, probation officer visits, therapy appointments, school, and workplaces.
Even though your movements are tracked by ankle monitors during house arrest, you might have surprise visits to check that you are following the rules of house arrest.
Alcohol and drug restrictions
Even if the crime committed has nothing to do with alcohol or drug abuse, it is forbidden for people under house arrest to consume any kind of alcoholic drinks or drugs during the period of home detention.
As far as I’m informed, generally, it is compulsory to wear drug patches as part of the monitoring program. They are designed to detect drugs in an individual’s health system and it makes it easy for the authorities to control any drug abuse. Moreover, people on house arrest sentences are expected to be ready for random drug testing.
Limited contact with other humans
Those on house arrest may continue permitted activities like work, school, religious services, and doctors appointments. Limits may be placed on interactions in certain situations, such as contact with victims or witnesses of the crime.
Curfew
Although home detention is an alternative to a jail or prison sentence, it is not quite the same. It is not something many people know about house arrest, but actually, you are not always required to be at home twenty-four hours a day.
In some cases, people are allowed to have more freedom and spend more time outside their houses while still following the rules of curfew. Usually, curfew is imposed by the court, and ordinarily, it is implemented during nighttime hours. Violating the terms of the curfew might result in prolonging the house arrest sentence.
Electronic monitoring device
Electronic monitoring devices, ankle monitor (ankle bracelet), and GPS monitoring devices are a must during a house arrest sentence. The monitoring device is used to track a person’s movements and make sure that the rules of house arrest are being followed. Some ankle bracelets can detect if a person has taken drugs.
Report to a probation officers
Oftentimes, people are required to visit probation officers and report recent activities they were involved in.
Guns and firearms
Individuals are prohibited from owning any kind of weapon during the period of their house arrest sentence.
What people under home detention are allowed to do?
Obviously, under house arrest people’s freedom is far more limited than usual, but still, there is quite a list of things people are permitted to do.
Pre-approved activities
Under house arrest, people are allowed to attend medical appointments, work, court dates, meetings with probation or parole officer, and religious services. In some cases, they may also be given community service hours and home confinement to avoid violating the judge’s terms.
Free Consultation
The reason a person is put in home confinement instead of giving a jail sentence is because the main goal is not to punish the nonviolent offenders but to assist them. Therefore, oftentimes free consultation or therapy appointments are provided by the court.
Having visitors
As I’ve noticed in most cases, those who are on house arrest are allowed to have visitors.
Having a mobile phone
As a general rule, a person is allowed to have a mobile phone since it may be used for GPS monitoring. Mobile phones also might come in handy for keeping in touch with an individual’s probation officer.
However, the usage of applications is normally limited, for example, a person cannot use their mobile phone to contact the victims or witnesses of a criminal offense, and they are also restricted from using social media networking sites.
What happens if you violate the terms?
If an individual does not follow the house arrest terms properly, it might result in several consequences.
First of all, your house arrest sentence might be prolonged. To illustrate, let’s imagine a situation where one male was put under house arrest for harassment charges. If, for example, during his home sentence it was detected that he had interactions with the harassment victim, the judge may decide to make his sentence six months instead of three as it had been previously established.
Furthermore, if your activities do not fully align with the house arrest conditions, you may be expected to pay additional fines.
Likewise, more hours might be added to your community service.
Advantages of being on house arrest
Although house arrest does have its benefits and drawbacks, I reckon that being put under house arrest is more advantageous than having to serve jail time in prison.
No risk of losing employment
Almost in all cases, a person is allowed to go to their workplace while being on house arrest. This way, their position is not put under threat. From my observation, people are restricted from going to work, only if the offense had something to do with their occupation and/or workplace.
Maintaining a respected reputation.
In our century and society, there is still a stigma attached to those serving time in jail or prison. Since people on house arrest can remain members of different communities and keep personal relationships, there is less condemnation from others in society.
The comfort of their house
Unlike those who serve jail time in jail or prison, people on house arrest have more freedom and the advantage of living comfortably in their own house, and thanks to this, their quality of life is not compromised.
Disadvantages of being on house arrest
While we keep in mind these benefits one might experience during house arrest, it is however an alternative to a jail sentence. Therefore it does come with particular detriments that I’ve gathered.
Being constantly monitored
Electronic monitoring devices, ankle monitor, or ankle bracelets surely can cause inconvenience to a person and cross their boundaries. Being watched and carefully observed, undoubtedly, intrudes on privacy and autonomy. It might result in developing anxiety, and feeling vulnerable and exposed.
Feeling isolated
Although people on house arrest are not restricted from having social interactions with other human beings, their freedom continues to be controlled, and some social activities might be prohibited. Because of this, individuals may experience intense feelings of loneliness and isolation.
How do you know if you are eligible to be on house arrest?
Getting house arrest depends on several factors. If you receive a sentence and are obliged to jail time or imprisonment, I’d advise you to talk to your attorney or lawyer to request house arrest if you’re qualified.
The offender has to have a residence within the jurisdiction area of their sentence. House arrest may be denied if too many people reside at the offender’s home.
Frequently, people on house arrest must have a landline phone. The reason why the judge demands having a landline phone is because they are easier to assist in monitoring and tracking an individual and their movements.
However, if you are convicted for a criminal act that had taken place in the house you requested house arrest in, house arrest will be denied.
The court also does not approve house arrest if you are currently living with somebody who has a criminal record.
Does being on house arrest cost money?
Being put under house arrest costs money, although the amount of money you have to pay may vary depending on several things:
- cost of electronic monitoring device (ankle monitor, bracelet)
- cost of drug tests
- court costs
- home confinement fees
Wrapping it up
In summary, home detention functions as a complex legal measure, striking a harmonious blend between punitive measures, efforts toward rehabilitation, and considerations for public safety within the criminal justice framework.
FAQs
What is the longest house arrest?
From my research, the longest house arrest took place in 1995 lasting for almost six years (five years and 355 days). It was a Burmese politician, Aung San Suu Kyi’s home detention. She was accused of pro-democracy activism and opposition to military rule in Myanmar. However, after the end of her house arrest, she was given jail time.
How does house arrest work?
If a person is put under house arrest, they are required to remain at home most of the time and ankle monitor. On the other hand, they are not restricted from going to the places of education if they’re currently studying, and the workplace if they’re employed. They also can visit hospitals, churches, mosques, and other places to attend religious services.
A person is required to wear monitoring devices (usually ankle bracelet) and visit a probation officer.
What are the rules for house arrest in Texas?
I find it important to note once again that conditions of house arrest differ from state to state, and country to country.
The main conditions in Texas are similar to the ones in other states. They include:
• eligibility
• curfew
• electronic monitoring
• probation officer hours
• reporting activities
However, the terms might be very specific due to the circumstances of the case, characteristics of the offense, the court’s decision, and the criminal record of the individual.
Does house arrest count as time served in Las Vegas?
House arrest can be considered as time served in jail or prison depending on the decision of the judge.
If there are any individuals facing home detention in Las Vegas, I highly recommend consulting with a lawyer.