House arrest is an alternative to regular incarceration that many people think of as less restricting. However, it still comes with strict rules for the individual being placed on house arrest. 

So, if you’re wondering whether or not house arrest is considered incarceration, don’t worry. Our article will give you more information on what exactly house arrest is, how it differs from incarceration, and who might be eligible for it compared to traditional incarceration.

What Is House Arrest?

House arrest is a type of confinement where, instead of being held in a jail or a prison, the person is confined to their home. The person is monitored around the clock, typically through an electronic monitoring device; ankle bracelets are the most common—and what most people are familiar with. 

House arrest might be perceived as freer than being held in a jail or prison, and while it’s known that the person will have more space to move around in, the rules of house arrest are often fairly strict. If the individual violates the terms of their house arrest, their privileges will most likely be revoked, and they will be sent to jail. The terms of house arrest depend on state laws, the individual’s crime, and other criminal proceeding factors.

Those individuals that are placed on house arrest might be allowed to leave their residence in certain circumstances, such as leaving to go to work or run errands under supervision. However, these circumstances will need prior approval by a judge, and the person will most likely have a curfew.

Is House Arrest the Same as Incarceration?

You may be wondering: is house arrest considered incarceration? No, house arrest is not the same as incarceration because the person is held in their home, not behind bars in a jail or prison. House arrest also allows for other distinctions, such as the individual being allowed to see their family, go to work or school, attend religious services, visit their regular doctors and counselors, and complete community service.

Inmates in jail or prison are not allowed to do these things and experience limited rights when it comes to things like visitation. This results in house arrest being a preferred method of confinement if jail time must be served, but not everybody is eligible for house arrest.

It’s important to note that people under house arrest will need to pay for the costs of their monitoring, such as an initial cost to set up their electronic surveillance device and the daily fees. These rates depend on the state the person is located in and other situation-specific circumstances, but some areas do provide assistance for individuals with low incomes that need help paying these fees.

Another important distinction between house arrest and traditional incarceration is that “good time credit” is less likely to be awarded to someone under house arrest. Individuals serving their sentences in jail may be released before their full sentence due to good time credits, but someone under house arrest is more likely to need to serve their entire sentence before being released. Again, this is very state and situation-dependent, so speak with a legal advisor and check your state’s laws for more information.

Who Might Be Given House Arrest?

Individuals that might be eligible for house arrest are typically non-violent offenders, first-time offenders, and low-level offenses, such as misdemeanors. Judges take into account a lot of different factors when deciding if someone is eligible for house arrest, and they may consider items such as:

• The person’s prior criminal history and the criminal charges that were filed
• The risk of fleeing
• Histories of substance abuse
• The person’s family, employment status, and community engagement
• The person’s age

Criminal defense lawyers will work with their clients, state laws, and judges to make an argument for house arrest if basic eligibility is met by the defendant. Keep in mind that individuals who commit violent crimes will almost always be ineligible to serve their sentence under house arrest.

When Does House Arrest Occur?

House arrest can occur throughout the criminal process, not just as a substitute for traditional incarceration in a jail or prison. Someone who is on a pre-trial release or someone who has been convicted and waiting for a sentencing hearing may be held on house arrest in addition to those who have been convicted and are serving their sentence.

Understanding House Arrest

While house arrest differs from traditional incarceration that occurs in a jail or prison, it is still a form of punishment that criminals may receive. Whether or not someone is eligible for house arrest depends on several factors and state laws, and this process is very situation dependent. 

If you are wondering about individuals being under house arrest, or you want to look up the criminal history of someone that lives near you, check an online reverse address lookup tool like the one you can find here. Individuals on house arrest are typically non-violent offenders, but staying informed about those you live near never hurts.