Legal Definitions - house arrest

House arrest is a legal sanction that confines an individual to their home as a form of detention or punishment, rather than incarceration in a jail or prison. This restriction is typically enforced through electronic monitoring, such as an ankle bracelet, which tracks the person's movements and alerts authorities if they leave their designated residence without permission. It can be imposed at various stages of the legal process, including as a condition of bail before trial, as part of a sentencing alternative after conviction, or as a condition of probation or parole.

Here are some examples of how house arrest might be applied:

• Pre-Trial Detention Alternative: A person is accused of a non-violent financial crime, such as tax fraud, and is not considered a flight risk or a danger to the community. Instead of being held in a correctional facility while awaiting trial, a judge orders them to remain at their residence under house arrest. They are fitted with an electronic monitor and are only permitted to leave for court appearances, pre-approved appointments with their lawyer, or medical emergencies, all requiring prior authorization. This arrangement allows the individual to prepare for their defense from home while ensuring they do not flee before their court date.

• Post-Conviction Sentencing: A first-time offender is convicted of a misdemeanor, such as a minor property offense, and the judge determines that a short jail sentence would be unduly disruptive to their employment and family responsibilities, without significantly benefiting public safety. The judge imposes a sentence of six months of house arrest instead of jail time. The individual must stay at home, except for work, approved educational programs, or essential errands, all monitored electronically. This allows them to maintain their job and support their family while still serving a punitive sentence for their crime.

• Probation or Parole Condition: An individual on probation for a drug-related offense violates a minor condition, such as missing a scheduled meeting with their probation officer, but does not commit a new crime. Rather than revoking their probation and sending them back to prison, the court imposes a temporary period of house arrest for 30 days. During this time, they are confined to their home, with exceptions only for their job and mandatory drug counseling sessions, to reinforce the seriousness of adhering to probation terms without resorting to full incarceration.