1. Nonresidential Graduated Sanctions
Chapter 9
Nonresidential Graduated Sanctions

2. House Arrest
House arrest: an intermediate sanction designed to confine pretrial detainees or convicted offenders to their homes during the hours when they are not at work, attending a treatment program, or visiting a supervising officer
Can be used for defendants who cannot make bail
For convicted offenders, house arrest is typically either a condition of probation & is often coupled with a home-based voice verification system

3. Purposes of Home Detention
House arrest is also known as home detention or home confinement; it is neither a new concept nor a U.S. innovation
House arrest programs have grown as an alternative to incarceration for pretrial detainees & a means of easing jail overcrowding while ensuring appearance in court
Offenders on house arrest must be at home when they are not working or engaged in approved activities
Offenders who are not where they should be at a certain time are in violation
Some programs randomly call offenders at home, & a computer electronically verifies their unique voices

4. Criticisms of House Arrest
It does not seem to be a punishment
The intrusiveness of house arrest violates a pretrial detainee’s constitutional right to privacy in the home, especially one occupied by other family members
Offenders can still commit crimes from their home
Incidence of domestic violence may erupt because the offender is home all of the time
Considerable discipline is needed to comply with house arrest, making it unsuitable for many offenders

5. Effectiveness of House Arrest
Offenders on house arrest are twice as likely as regular parolees to have their parole revoked for a technical violation
Failure rates and absconding rates compared with other pretrial programs for state offenders, are similar.
On a positive note, house arrest allows pretrial defendants the chance to keep working and supporting their families without interruption caused by incarceration.

6. Electronic Monitoring
Electronic monitoring (EM) is a correctional technology used in intensive supervision probation, specialized parole, day reporting centers, & house arrest
EM can also be used for defendants who have not yet been convicted but require an elevated level of supervision while out on bond or pretrial supervision

7. History of Radio Frequency EM
Robert Schwitzgebel at the University of California developed electronic monitoring technology in the 1960s
The idea for using EM devices in the criminal justice system was inspired by New Mexico judge Jack Love, who saw how Spiderman was tracked by a wrist transmitter in the comics
A wrist EM device was first used in 1983 for DUI & white-collar offenders

8. Problems with Early EM
Early EM programs required offenders to have a landline telephone, discriminating against the poor
Home-bound EM systems were not able to track where offenders went once they left their home
There was no guarantee that the supervising officer was communicating with the “correct” person
Certain areas in a home could not receive transmissions

9. Global Positioning Systems
GPS uses 24 military satellites that orbit the earth & 5 ground control stations to pinpoint locations anywhere in the world using data coordinates
Offenders wear a permanent ankle bracelet, which carries a one piece transmitter & a GPS receiver containing a microprocessor
GPS is authorized in nearly every state, but most states mandate its use for sex offenders

10. GPS, cont’d
Active GPS systems transmit data through wireless networks like a cell phone. Active systems are also known as real-time units, because data can be transmitted often with a short lag time.
In a passive GPS system, daytime tracking data is temporarily stored & downloaded at night through a land-line phone while the offender is sleeping

11. GPS Zones
The microprocessor inside the receiver also allows the supervising officer to use software to program in exclusion zones & inclusion zones
An exclusion zone would be, for example, the residence & workplace of an identified victim
An inclusion zone would be the offender’s place of employment, school, & other approved activities
If an offender enters an exclusion zone or an inclusion zone at the wrong time, or tampers with the system, the supervising officer is alerted

12. Electronic monitoring techniques for various offender risk levels

13. Limitations of GPS
Loss of GPS signal: unreliable signal in rural areas, in some locations in urban areas, & cell phone dead spots
Short battery lives
Cost
Offenders can remove device with specialized tools

14. How Do People Feel About EM & GPS?
Concerns that widespread use will widen the net
Ethical concerns that private companies are profiting from the new technology
The general public seems supportive
Supervising officers support its use but note that it has increased their paperwork & it increases probability of violations
Offenders prefer it over jail but report a sense of loss of control & shame wearing the device
So far, courts have upheld its use as constitutional

15. Empirical Evaluations of EM & GPS
Completion rates for convicted nonviolent federal offenders: 89%; for federal pretrial detainees: 77%
6 months is a typical threshold for how long offenders should be under EM or GPS
Comparisons of EM offenders with those on regular supervision found similar recidivism rates, but it does have a positive impact on how offenders act while under supervision
A California study of high risk sex offenders found GPS parolees had about the same recidivism rates as similar offenders on traditional parole release

16. Gender Differences with EM
Men report receiving support from a significant other while on EM, but women on EM report less support & more stress
EM & GPS hold promise as technology improves & costs are reduced, but success depends on using it with the correct offenders
Issues remain about whether the technology can create a false sense of security & whether we have unrealistic expectations about its effectiveness

17. Day Reporting Centers
Day reporting centers (DRCs): a type of outpatient program based on a 3 phase level system where offenders report daily for a variety of treatment programs, itinerary, & random drug testing
A “one-stop shop” with all the resources & educational programs in one place
Low staff/offender ratio & often open extended hours
Can be used in many ways: for pretrial detainees, a reentry program for new parolees, an increased sanction for probation/parole violators

18. DRCs
Day centers have been popular in England & Wales since the 1970s and began to appear in the United States in 1985
Connecticut & Massachusetts among the first states to adopt day reporting centers
Most DRC programs exist in states that do not have intensive probation supervision as a sentencing option
Many DRCs accept high risk offenders
They range in size from small to large centers

19. Treatment vs. Supervision Oriented DRCs
Some DRCs emphasize treatment; others emphasize supervision
Treatment oriented DRCs offer a wide range of services, classes, & counseling
Supervision oriented DRCs ensure compliance with the rules & monitor whether offenders are following their planned schedules with EM, phone contact, & in-facility time
Average DRC sentence is 6 months
DRCs are more costly than traditional probation/parole & intensive supervision, but less than residential treatment & incarceration

20. Evaluations of DRCs
DRCs accept higher risk offenders than many other programs & place much responsibility on the offender
They have lower completion rates compared to those for other community-based programs
Termination rates are higher for service-oriented programs than supervision-oriented ones
Termination rates are higher for programs longer than 6 months
Illinois study found lower recidivism for offenders who spent 70 or more days in a DRC compared to those who spent only 10 days in a DRC

21. Commonwealth v. Wegley, 829 A.2d 1148 (Pa. 2003)
The Pennsylvania Supreme Court ruled that an individual on electronic monitoring & house arrest is in official detention. When Jonathan Wegley removed the EM device from his leg & left his residence, he could be charged & convicted of the crime of escape under state law for unlawful flight from house arrest.

22. Tracking Sex Offenders with GPS
Phillip Garrido kidnapped Jaycee Dugard and held her captive for 18 years. Investigations show that California parole officials ignored hundreds of alerts that showed Garrido, a convicted sex offender, had violated his curfew & tampered with his EM device.
California tracks more sex offenders with GPS than any other state. Officers more time with computer tracking & far less time in the field. Officers are flooded with data.
Recently introduced procedures will use private GPS companies to screen alerts & contact officials when necessary, freeing them up for more personal contacts.
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