Conditional sentence (“house arrest”) A conditional sentence is equivalent to a term of imprisonment (jail), except that the offender serves the sentence outside of prison under rigorous, jail-like circumstances. Conditional sentences are commonly referred to as “house arrest” since offenders are frequently required to serve all or a portion of their sentence at home.
Similar to jail, a conditional sentence will result in the offender’s conviction being recorded. To impose a conditional sentence on a defendant, the court must first impose a prison term and then decide whether to allow the defendant to spend the time outside of jail. When a court can impose a conditional sentence is subject to certain constraints.
A court may only issue a conditional sentence if the following conditions are met: The sentence of imprisonment is less than two years; the offender has not been convicted of a criminal offense that requires a minimum amount of jail time; the offender has not been convicted of a serious personal injury offense, a terrorism offense, or a criminal organization offense with a maximum term of imprisonment of ten years or more; and the judge is satisfied that allowing the offender to serve the sentence in the community would not jeopardize public safety.
Conditional sentences often include obligatory conditions and limitations comparable to a prison sentence. Frequently, a conditional sentence includes house arrest, at least for a portion of the sentence. House arrest often requires the offender to remain in their residence at all times (or at certain hours) unless they are working, attending school or religious services, or have medical appointments.
Additional requirements may resemble those of a probation order. Commonly, a probation order will accompany a conditional sentence. The supervision of a conditional sentence is the responsibility of a conditional sentence supervisor (who is actually a probation officer.) Every conditional sentence mandates a minimum of one report to the conditional sentence supervisor.
How much is house arrest in Pennsylvania?
Electronic Monitoring Expenses –
|Type of Monitor||Cost|
|GPS – Active electronic monitoring||$10 / day|
|GPS – Passive electronic monitoring||$10 / day|
|House Arrest with Electronic Monitoring (no phone line required)||$10 / day|
|SCRAM (Alcohol Monitoring)||$10 / day|
An Examination of the Crimes That Preclude Home Detention in Indiana – Due of congestion, the Marion County Department of Corrections allocated over $1,000,000 in 2016 to recruit more staff to meet an increase in home detention. This brings the total number of individuals on some type of house detention in Indianapolis to nearly 3000.
- This may be a preferred option for people who wish to complete the balance of their sentence in a more pleasant environment.
- In accordance with the Indiana Code, the court may impose home detention as a term of probation lasting at least sixty days.
- The offender on home detention is required to remain in their residence at all times, unless they are working at a location approved by the court, seeking employment, receiving medical care, attending an educational institution, attending a regularly scheduled religious event, or participating in a community release program.8A International Law Encyclopedia: Criminal Law 578.
Although Home Detention may be acceptable to certain criminals, it is not available to all. There are several eligibility requirements, and it is essential to determine if you are qualified to be placed on home detention. There are two basic types of disqualifiers for home detention forbidden under Indiana statute.
- First, the defendant is ineligible for home detention if they are being detained pursuant to a detainer, warrant, or procedure issued by a court of another jurisdiction.
- In addition, a person is ineligible for direct placement on house arrest if convicted of any of the following felonies: Murder (IC 35-42-1-1).
(IC 35-42-1-1). A battery charge listed in IC 35-42-2 involving a lethal weapon or resulting in death. Kidnapping (IC 35-42-3-2). (IC 35-42-3-2). Criminal confinement with a deadly weapon (IC 35-42-3-3) Robbery (IC 35-42-5-1) resulting in serious bodily harm or utilizing a lethal weapon.
Intentional arson (IC 35-43-1-1) resulting in serious physical harm. Burglary resulting in serious physical injury (IC 35-43-2-1) Armed resistance against law enforcement (IC 35-44.1-3-1) Escape (IC 35-44.1-3-4) with a lethal weapon. Armed rebellion (IC 35-45-1-2) using a lethal weapon. Aggravated battery (IC 35-42-2-1.5).
A law enforcement officer’s disarming (IC 35-44.1-3-2). An crime under IC 9-30-5-4. An crime under IC 9-30-5-5. According to municipal regulation, disqualifying factors for home detention are more obvious. Ineligible for home detention include offenders who have been convicted or charged with escape/failure to return to legal imprisonment, or who have previously absconded while participating in a community corrections program.
This includes anybody who has willfully destroyed or removed home detention equipment, is homeless, or is not interested in the program. If the offender is classified as a violent offender under, he or she must also be subject to GPS monitoring. If you have been convicted of a minor offense and believe that home detention may be a preferable alternative, contact the seasoned attorneys at Banks & Brower immediately.
Contact us at (317) 870-0019 or [email protected] 24/7/365: Crimes disqualifying a person for home detention
In Indiana, can house arrest count as time served?
Applicable Credit: – Generally, in order to earn credit time, you must have been sentenced to an executed sentence, which includes time spent in prison and jail and may include house arrest and work release programs. However, for home arrest or work release to count toward a good time credit, it must be a direct commitment and not a probation requirement.
- During probation or parole, you do not gain credit.
- If you and your counsel are discussing a plea agreement that involves sanctions other than imprisonment or prison, these distinctions are crucial.
- When you are freed from jail or prison early owing to earned credit, your term is not necessarily over.
You may be granted parole, which has a variety of restrictions. You may be required to comply with certain terms and report to a parole officer until the completion of your sentence.
If the battery dies, the signal will disappear. Like recharge the battery, the gadget must be plugged in, similar to a cell phone. A power outage can prevent the battery from being charged and may result in signal loss. Privacy issues Many individuals who wear the gadget are concerned about where the tracking data is sent and who has access to it.
- On a single day in 2015, more than 125,000 people in the United States wore monitoring bracelets.
- As the number of individuals wearing wristbands continues to rise, it is crucial to comprehend every element of how these sorts of gadgets are utilized to establish their efficacy: What you need to know about ankle bracelet monitoring | Attorney William G.
Do anklets include microphones?
Ankle Monitors Lack Microphones – Currently, ankle monitors lack microphones. They are mostly GPS-based and simply serve to display your position. Those without GPS are solely intended to ensure that you remain inside a restricted region, such as those worn by persons freed from house imprisonment.
- A court may require an ankle-monitor user to have a landline phone in their confinement area.
- In this instance, the individual would be required to constantly wear the bracelet and be ready to answer the phone at any moment.
- The police can then use their software to contact you and confirm your presence.
They have access to speech recognition software to check that the individual who answers the phone is the target of their surveillance. Despite the fact that microphones may not be a typical component of ankle monitors, there are presently no laws or regulations that prohibit the practice from occurring in the future.
How can I recover my bail in Philadelphia?
The individual whose name appears on the original bail deposit receipt must provide appropriate identification in the Bail Refund Office, Room B-03 of the Criminal Justice Center, 1330 Filbert Street. Monday through Friday, 8:30 a.m. to 4:30 p.m., telephone number: 215-683-7777.