HOME CONFINEMENT

Arrested and charged with possession of a controlled

substance with intent to distribute, William, a 30-yearold man with a history of substance abuse, awaits his

“day in court,” which is 3 months away. 

Meanwhile, William must remain at home, except for a

few select activities. During the week, he leaves the

house for his job as a welder at precisely 7 a.m. and

returns home no later than 5 p.m. He attends the 7

p.m. meeting of Narcotics Anonymous at the local

library every Thursday. He grocery shops at 2 p.m.

every Saturday and goes to church–always attending

the 10 a.m. service–every Sunday. 

William is not just on a rigid schedule, he is under

home confinement. Instead of sending him to jail, the

court decided to release him to the community on the

condition that he remain at home except for certain

approved activities. His presence in his home and his

absences from it are monitored electronically by an

ankle bracelet he wears 24 hours a day. 

In the federal courts, approximately 18,000 defendants

and offenders under the supervision of U.S. probation

and pretrial services officers were on home

confinement in fiscal year 2002. Home confinement, a

form of community-based corrections, is one method

the courts use to restrict the freedom of defendants

and offenders and protect society. In most cases,

officers use electronic monitoring as a tool in

supervising persons on home confinement. Home

confinement is not a sentence in and of itself but may

be a condition of probation, parole, or supervised

release, as well as a condition of pretrial release. 

Courts may use it as a sanction for persons who

violate the conditions of their supervision. Also, the

Federal Bureau of Prisons may use it for inmates

released to serve the last part of their sentence under

the supervision of U.S. probation officers.

A benefit of the home confinement program is that it

costs about one-fourth the cost of custody. In

providing an alternative to incarceration, it allows

defendants and offenders to continue to contribute to

the support of their families and pay taxes. Moreover,

courts may order program participants to pay all or

part of electronic monitoring costs. 

Home confinement’s purpose depends on the phase

of the criminal justice process in which it is used. In

all cases, it is a means to protect the public. In

pretrial cases, home confinement is an alternative to

detention used to ensure that individuals appear in

court. In post-sentence cases, home confinement is

used as a punishment, viewed as more punitive than

regular supervision but less restrictive than

imprisonment. The persons under home

confinement are confined to their residence, linked to

an electronic monitoring system, and required to

maintain a strict daily activity schedule. When they

are allowed to leave home, and for what purposes, is

determined case by case. These court-imposed

restrictions, combined with close supervision by a

probation or pretrial services officer, help deter further

crime, ensure the safety of the community, and bring

order to the defendant or offender’s life. While

electronic monitoring does not necessarily prevent a

defendant or offender from committing a new crime, it

does enhance officers’ ability to supervise effectively. 

The home confinement program in the federal courts

has three components, or levels of restriction. 

Curfew requires the program participants to remain at

home every day at certain times. With home

detention, the participant remains at home at all

times except for pre-approved and scheduled

absences, such as for work, school, treatment,

church, attorney appointments, court appearances,

and other court-ordered obligations. Home

incarceration calls for 24-hour-a-day “lock-down” at

home, except for medical appointments, court

appearances, and other activities that the court

specifically approves.

Officers screen defendants and offenders to

determine eligibility for the program. Certain

categories of serious or repeat offenders are not

allowed to participate. Prior criminal record, history of

violence, and medical and mental health conditions

and needs are factors that officers carefully consider.
Previous failures on supervision, risk to the public that

the person presents, third-party risk (such as previous

incidents of domestic violence in the household), and

the person’s willingness to participate are

considerations as well.

The residence and telephone service also influence

the decision. The cooperation of all occupants of the

home is essential. The person in the household who

subscribes to phone service must be willing to allow

the phone to be used for electronic monitoring

purposes. Using the phone for electronic monitoring

places restrictions on access to the phone and on

special features such as call waiting. 

The participant wears a tamper-resistant transmitter

on the ankle or wrist 24 hours a day. The transmitter

emits a radio frequency signal that is detected by a

receiver/dialer unit connected to the home phone.

When the transmitter comes within range of the

receiver/dialer unit, that unit calls a monitoring center

to indicate that the participant is in range, or at home.

The person must stay within 150 feet of the receiving

unit to be considered in range. The transmitter and

the receiver/dialer unit work together to detect and

report the times participants enter and exit their

homes. They do not tell where persons have gone or

how far they have traveled.

The Administrative Office of the U.S. Courts contracts

with an electronic monitoring company to provide

equipment and around-the-clock electronic

surveillance to U.S. probation and pretrial services

offices nationwide. The company’s monitoring center

provides daily monitoring reports that document

participants’ 24-hour activities. It also tracks all key

events and reports them promptly to the officers who

supervise persons on home confinement. Key events

include unauthorized absence from home, failure to

return home after an authorized absence, and leaving

home early or returning home late. Key events also

may be triggered by equipment malfunctions,

tampering with the equipment, and loss of electrical

power or phone service. Participants must notify

officers immediately if they lose electrical power or

phone service, if they remove the transmitter because

of an emergency, or if they experience any problems

with the monitoring equipment.

The home confinement program requires more than

just electronic monitoring. Close supervision by

officers is crucial to success. Officers monitor

program participants to ensure that they are working,

maintaining a stable living arrangement, and not

engaging in prohibited behavior such as substance

abuse. Officers also check monitoring equipment at

least monthly to make sure that it is working and to

look for signs of tampering.

The officer’s job is demanding, time consuming, and

sometimes dangerous. It requires frequent phone

calls to make sure participants are adhering to their

approved schedules; frequent unannounced, face-toface visits; and 24-hour, 7-day response to alerts

from the monitoring center. One very useful tool that

some officers use is a hand-held monitoring unit,

called a “drive-by,” which can help verify participants’

presence at specific locations. This device allows

officers, without leaving their cars, to check whether

participants are at approved locations such as work,

the doctor’s office, or church. 

Participants who comply with program rules may be

eligible to use earned leave. Earned leave is a

privilege that allows participants to be away from

home for a set time period for recreation. Each

district sets parameters for earning and using leave

and specifies approved activities to attend or

participate in during leave. 

Program participants who do not comply with the

conditions of their supervision may face sanctions

ranging from reprimand, to loss of earned leave

privileges, to revocation proceedings. The most

serious violations include violations for new criminal

conduct, violations that compromise public safety,

and absconding from supervision. Violations that

concern the home confinement program in particular

include not adhering to the approved leave schedule,

going to an unapproved location or activity, and

tampering with equipment. 

Office of Probation and Pretrial Services

Administrative Office of the U.S. Courts

January 2003