Criminal Defense: Sentencing Alternative- Home confinement

Posted on Posted in Realignment, Sentencing

Criminal Defense: Sentencing Alternative- Home Confinement

Sentencing Alternatives in general

The California prisons have been grossly overcrowded.  The courts had been sentencing too many people to prisons, and there just wasn’t enough room to accommodate them.  Because of the budget and money issues in the state, the prisons were forced to close facilities and unable to open more.  This means that the inmates were crammed into already small and uncomfortable spaces.  The problem became so bad that the United States Supreme Court stepped in and demanded that California fix the problems of overcrowding.  In response to this, California came up with several programs.  The first answer to the problem was sending prison inmates to county jail.  All nonviolent, nonserious, nonregisterable inmates are now sentenced to spend their time in county jail.  Before this, county jails were for misdemeanor offenses.  Now, there are inmates convicted of felonies housed there as well.  The person convicted of a felony will still spend the same amount of time they would have spent in prison.  The Legislature is now encouraging other programs as well: camps, Diversion programs, home confinement, community service, etc.  This all falls under the new “Realignment” regulations imposed by the California State Legislature.

Sentencing Alternatives- Home Confinement

One of the new and encouraged alternatives being pushed by the court is Home Confinement.  This basically is an ankle monitoring process.  The person sets up a program with the correctional department where they outline the hours of the home confinement, the location and any and all other guidelines.  The monitors contain a global positioning system (GPS) which will notify the correctional facility of the persons whereabouts.  If the person goes outside of the restricted area, the correctional personnel will immediately be notified.  One major pro of the home confinement system is that you are not forced from your family and friends.  If you have medical issues that need treatment, then this is a good option for you to look into.

Sentencing Alternatives- Drawbacks of Home Confinement

While there are many pros that go along with home confinement, there are many drawbacks as well

*If the monitor malfunctions, the correctional officers have the discretion to take you back into custody.  Even if you did not cause the malfunction.

*There is a per diem (per day) charge for the program.

*Correctional officers can enter your home to search it whenever they want.

*You have the appearance of freedom, which means it is easier to slip and do something illegal.

*If you wreck the device on purpose, you can be taken back to jail immediately to serve the remainder of your sentence.  PLUS they could file new “Escape” charges.

*The court has discretion whether to offer home confinement as a sentencing option.


Home confinement may not be the best solution for everyone.  But, it is definitely an option to consider.  Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about home confinement!


Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295


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