NCJ Number
139995
Journal
Journal of Contemporary Law Volume: 18 Issue: 1 Dated: (1992) Pages: 75-105
Date Published
1992
Length
31 pages
Annotation
This analysis of house arrest programs with electronic monitoring focuses on their history and legality and proposes guidelines and draft uniform legislation to resolve constitutional problems, preserve privacy rights, and minimize litigation.
Abstract
Home detention is a long-standing idea that varies as a condition of pretrial release, parole, probation, or sentence. Restriction times and types of enforcement techniques are equally diverse. Electronic monitoring of offenders began in December 1983 and has increased significantly over the last decade. The technology is most often used to supplement existing corrections programs. It appears to have both advantages and disadvantages for the criminal justice system, the community, and the individual being monitored, although many of these are not yet clear. The U.S. Supreme Court has not yet confronted the legality of electronic home decisions. Critics have raised issues of free speech and association, unreasonable search and seizure, self-incrimination, and cruel and unusual punishment. However, electronic monitoring is not excessively intrusive and does not provide the total and pervasive control of jail or prison. Clear and uniform standards established through legislation would help control the future growth and development of the technology and ensure a higher level of public safety and offender rehabilitation. The proposed uniform standard protects the participant's constitutional rights and avoids more extensive intrusions on privacy rights. Disregarding the need for uniform standards will result in increased litigation, disparate usage, and the potential for further infringements of rights. Footnotes and text of proposed law