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Home arrest is a form of intermediate sanction that is used as an alternative to incarceration. This practice is known by many different names, including house arrest, home confinement, home detention, home incarceration, or home curfew. It comes in many forms and is used throughout the country for a diverse range of offenders. Typically, the decision to place someone on home arrest sentence is based on risk prediction involving factors such as the offender's past criminal record, the nature and circumstances of the current offense, history of good conduct, community and family witnesses, personal and family history, and drug or alcohol abuse history.

Home arrest allows the criminal justice system to reduce costs and some harmful effects of incarceration while allowing the offender access to rehabilitative opportunities in the community. Offenders under home arrest often serve their sentence (or some part of it) in the community, while remaining in their residence during certain defined hours of the day and night. As a result, they are often able to maintain employment. Where possible they are also required to pay some of the costs of monitoring house arrest, in addition to any restitution they may owe to victims.

Home arrest is administered at the frontend of the criminal justice system as a form of sentencing, but it can also be used at the backend of the criminal justice system as part of parole. It may be used for nonviolent offenders in lieu of prison or for violent offenders and/or repeat offenders as a form of intensive supervision after prison. In some instances, home arrest is used prior to conviction in the criminal justice system for pretrial release of offenders who cannot afford bail or for offenders who pose increased risk of flight or danger to the community.

Historical use

Although some may think that home arrest an invention of the late 20th century, it was used as early as the 16th century when church authorities placed Galileo under house arrest for his heretical assertion that the earth revolved around the sun. In very early applications, an armed guard was placed outside the residence to enforce home arrest.

The first widespread use of home arrest in the U.S. criminal justice system occurred almost simultaneously in 1983 in two states, Florida and New Mexico. At the time, New Mexico's criminal justice system predominantly administered home arrest sentences to driving under the influence (DUI) and white-collar offenders, while Florida mainly sentenced DUI offender. Research from Florida indicated that 80% of offenders on home arrest were employed and half participated in restitution and community service programs. After Florida's success, the federal government started using home arrest in 1986 in concert with its early release and parole programs. The federal government in fact has made the most use of home arrest sentencing options.

Current Home Arrest Practices

Home arrest is used in the United States in the pretrial phase of the criminal justice system, post-conviction as a noncustodial sentencing alternative to incarceration, and postincarceration as an additional sanction after release from time served in a jail or prison facility. Offenders on home arrest are frequently required to stay within a few hundred feet of their residence. Some are mandated to remain at home 24 hours a day, while others are assigned curfew with authorization to leave during certain hours. Curfews are determined on a case-by-case basis by criminal justice officials according to the goals of supervision. Offenders typically are allowed to leave for work, medical appointments, appointments for rehabilitative programming, and other preapproved appointments. Compliance with curfews is verified by regular and random visits to the offender's residence and place of employment typically by a probation or parole officer.

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