Most California criminal courts seek ways to relieve jail overcrowding while maintaining control of criminal behavior. For example, Los Angeles County criminal courts offer a wide range of alternative sentencing options for some people rather than incarceration while attempting to ensure public safety.
A popular alternative sentence used by most California criminal courts involves electronic monitoring of home confinement. We have assisted many clients in Los Angeles in obtaining home monitoring as an alternative to serving their time in a county jail. We are very familiar with the process and know effective arguments to persuade a judge to grant home confinement.
There are various California electronic monitoring programs. However, not every defendant will qualify for an electronic monitoring program as an alternative to jail time. Certain rules determine a defendant's eligibility for home confinement.
Our California criminal defense lawyers have provided an overview below to help readers better understand electronic monitoring programs.
Description of California Electronic Monitoring and Home Confinement
In basic terms, home confinement in California criminal cases is set by the judge and will always carry specific conditions requiring you to remain inside your home during portions of the day. In other words, these conditions are imposed rather than sitting in jail.
It's controlled by an electronic monitoring device designed to restrict your freedom to a specific location—commonly known as “house arrest.” This device involves wearing a bracelet on your ankle to verify your location and times.
There are many California electronic monitored programs used as a condition of probation or parole. These programs use a Global Positioning System (GPS) using satellite technology to track your movements within a general area. Their primary function is to confirm compliance with the terms of your probation.
It's primarily designed to address the prison overcrowding crisis that led to the passage of the California Criminal Justice Realignment Act of 2011.
California Electronic monitoring programs are powerful tools for supervising convicted defendants in the community. They're an established jail alternative used by judges for certain low-risk offenders convicted of non-violent crimes. They can also be used for high-risk offenders on parole released from a California state prison.
California Penal Code Section 3455 outlines the rules and penalties for violations of community supervision, as well as the consequences courts may impose for breaching supervision conditions after release from prison.
Types of California Electronic Monitoring Tools
In Los Angeles County criminal courts, various electronic monitoring systems are utilized as alternatives to jail time.
SCRAM device
A SCRAM device, which stands for “Secure Continuous Remote Alcohol Monitor,” is a type of electronic monitoring frequently used as a penalty for California DUI cases.
It's an ankle bracelet that monitors alcohol concentration through your skin but doesn't monitor your location. If you decide to drink some alcohol, the device alerts a monitoring agency, which will then report the violation to the court. It is not designed to prohibit where you travel.
In situations where the court wants to monitor your location and alcohol consumption, they will use a monitoring tool called “home detention plus SCRAM.” This bracelet is used in conjunction with a home base station and monitors curfew restrictions and your blood alcohol level.
Under California law, judges have the discretion to offer defendants DUI alternative sentences when appropriate, such as attending a DUI deterrent program, in lieu of jail time.
Home detention
Home detention monitoring is the most common method, using an ankle transmitter bracelet and a home monitoring unit, which is installed and connected to a home phone line or even a cellular signal. It should be noted that you have to pay for using this type of monitoring program. However, if you are unable to pay, you could still be eligible for the program.
The ankle transmitter bracelet sends a 24-hour signal to a monitoring agency, which gives them real-time communication about tampering with the instrument, irregular use, or violation of curfew or location restrictions.
Drug Patch
If you were convicted of a California drug-related crime, the court has the option to order drug patches that test for methamphetamine, heroin, cocaine, marijuana, and PCP. These drug patches are tested and replaced weekly.
Eligibility Requirements for Home Confinement
If you were convicted of a crime in a Los Angeles County criminal court, you could be eligible for house arrest rather than jail. However, you will have to meet specific conditions to be eligible for the program.
- You are a low-risk, non-violent offender
- You live close to where you were sentenced
- Have a phone line for a connection
- You were sentenced to time in county jail
- Agree to rules and conditions of house arrest
- Pay for the program based on an ability to pay
It's important to note that if you were convicted of a serious felony crime – such as a sex crime or violent crime – or you served time in a California state prison – you won't typically be eligible to participate in a house arrest program.
Terms for a California Home Confinement Program
In most cases, you will be required to remain at your home, but the court can order less restrictive terms. Once a criminal court judge grants house arrest, it means you can avoid serving time in jail, as long as you follow the terms and conditions set by the court.
Common terms and conditions for home confinement include:
- Regular meetings with probation or parole officer
- Random drug tests
- Curfew restrictions
In some cases, the judge might allow you to do any of the following:
- Attend counseling, drug or alcohol classes
- Attend school or go to work
- Travel to doctor's appointments
- Handle family issues
- Participate in other activities approved by the court
A criminal court does not always offer a home confinement program. In other words, it's considered a jail alternative. It needs to be requested by your criminal defense attorney, who is familiar with these types of programs and knows the type of program available for your case. Your lawyer must also know effective arguments to convince the judge to allow it.
Violating a California Electronic Monitoring Program
The tools described above are utilized for enforcing house arrest and will send signals to an electronic monitoring agency. If you decide to leave your home—or if you go past an approved distance—their equipment will automatically recognize a violation and record a signal interruption.
Next, the monitoring agency will notify your probation or parole officer. This means you could face an arrest for violating the program's terms. The judge will probably revoke your home arrest program and sentence you to the remainder of your sentence for the underlying crime.
Contact Our Defense Attorneys for Help
If you have been accused of a crime in Los Angeles, you might be eligible for a home confinement program. Contact our criminal defense attorneys, who have decades of experience obtaining alternative sentencing in order to avoid jail time.
We are skilled negotiators and will work to achieve the best possible outcome on your case. We will closely review all the details of your situation in order to develop an effective strategy on keeping you. Cron, Israels & Stark is a criminal defense law located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025.
