Home Detention Law and Legal Definition

Home detention refers to a measure by which a person is confined in his/her residence by the authorities. Generally, in home detention travel is not permitted and if allowed will be restricted. Home detention serves as an alternative to prison detention and juvenile detention. It also helps to reduce re-offending, expanding prison numbers and rising costs. Home Detention is also called house arrest, home confinement or electronic monitoring.

The term "home detention" is defined under 18 USCS Appx § 5F1.2 as a program of confinement and supervision that restricts the defendant to his place of residence continuously, except for authorized absences, enforced by appropriate means of surveillance by the probation office. When an order of home detention is imposed, the defendant is required to be in his place of residence at all times except for approved absences for gainful employment, community service, religious services, medical care, educational or training programs, and such other times as may be specifically authorized. Electronic monitoring is an appropriate means of surveillance and ordinarily should be used in connection with home detention. However, alternative means of surveillance may be used so long as they are as effective as electronic monitoring.