Home Confinement Alternatives in California
-
Upload
domenic-j-lombardo -
Category
Documents
-
view
222 -
download
0
Transcript of Home Confinement Alternatives in California
8/13/2019 Home Confinement Alternatives in California
http://slidepdf.com/reader/full/home-confinement-alternatives-in-california 1/8
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
8/13/2019 Home Confinement Alternatives in California
http://slidepdf.com/reader/full/home-confinement-alternatives-in-california 2/8
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
8/13/2019 Home Confinement Alternatives in California
http://slidepdf.com/reader/full/home-confinement-alternatives-in-california 3/8
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
8/13/2019 Home Confinement Alternatives in California
http://slidepdf.com/reader/full/home-confinement-alternatives-in-california 4/8
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
8/13/2019 Home Confinement Alternatives in California
http://slidepdf.com/reader/full/home-confinement-alternatives-in-california 5/8
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.
8/13/2019 Home Confinement Alternatives in California
http://slidepdf.com/reader/full/home-confinement-alternatives-in-california 6/8
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
8/13/2019 Home Confinement Alternatives in California
http://slidepdf.com/reader/full/home-confinement-alternatives-in-california 7/8
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)
8/13/2019 Home Confinement Alternatives in California
http://slidepdf.com/reader/full/home-confinement-alternatives-in-california 8/8
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