The elements of house arrest vary depending on the means by which an offender is placed on the program:
The following are standard program elements, which may be expanded or amended by the Court. Modification or other, special conditions should be specified on the Defendant Trial Summary (District Court) or Commitment Attachment (Circuit Court).
The court, State’s Attorney’s Office, Division of Parole and Probation are advised in writing in the event of program removal.
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Intake
Self-report to the House Arrest office as ordered by the court. If offender had been detained pretrial, the defendant may remain in custody with intake to occur on the next business day to ensure continuity of supervision.
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Curfew
24 hours unless activities are verified by case manager or otherwise specified by the Court.
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Employment
Allowed for sentenced participants unless prohibited by the court.
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Job Site Visits
Conducted on a regular basis.
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Other Activities (church, treatment, etc.)
Allowed as Ordered by the Court or as determined by House Arrest staff.
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Drug Testing
Conducted on a random basis or for cause or suspicion.
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Alcohol Testing
Conducted on participants for cause or suspicion.
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In-Person reporting to the HAASP Office
Required weekly or twice per month, depending on assigned level of supervision.
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Referral required by DDF policy
Commitment to the AACDDF
· HAASP Defendant Trial Summary (District Court)
· Commitment Attachment (Circuit Court) detailing conditions of House Arrest
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Diminution of Confinement Credits
Sentence is reduced by one day for every day of successful participation (Day-for-Day).
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Violations
Addressed through the AACDDF disciplinary process. The participant is instructed to report to the Correctional Center where a Notice of Infraction is issued and a disciplinary hearing is held within 96 hours excluding weekends and holidays. Guilty findings result in imposition of graduated sanctions based on the seriousness of the rule violation. Typical violations and resultant sanctions include:
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Absence from authorized locations or activities - removal from HAASP and loss of diminution credits;
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Positive urinalysis/breathalyzer - removal from the program and loss of diminution credits;
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Absconding or failing to report to the Correctional Center when directed to do so - charged criminally with escape from confinement, removal from HAASP upon arrest or return to custody and loss of diminution credits.
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Condition of Probation
Defendants may be “incarcerated” on House Arrest as a condition of probation while serving the suspended portion of a sentence. The total term of “incarceration,” to include time in actual confinement as well as on House Arrest, may not exceed 18 months. Violation of program rules is reported to the supervising Probation Agent and the Court.
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Condition of Pretrial Commitment
Defendants are Committed Pending Hearing to AACDDF on a “no-bond” status with the stipulation that they live at home pending trial.
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Referral
Commitment to AACDDF ordering that the defendant be held without bond and stipulating house arrest pending trial.
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Other Activities
Prohibited unless authorized by the Court
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Substance Abuse Testing/Treatment
Scheduled testing
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Fee
None
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Diminution of Confinement
5 days Good Conduct Time for every 30 days applied against future sentence, if any.
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Violations
Defendant is ordered to return to the Correctional Center for appropriate disciplinary action, served a Notice of Infraction and the court is notified upon the completion of Disciplinary Hearing via letter.
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Condition of Pretrial Release
The Court may release a defendant to the supervision of the Pretrial Services Supervised Release Unit (SRU) and order that he or she be under house arrest pending case disposition (see page 30-32). NOTE: compliance with curfew and restrictions on movement are enforced electronically, courtesy of House Arrest Program staff. Violations are reported to the SRU, which is the supervisory authority for defendants on house arrest as a condition of pretrial release. Defendants on house arrest as a condition of pretrial release are not charged a fee.
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Condition of Sentence – Administratively Approved
Correctional Services Article 11-703 was amended effective -01 to authorize the Superintendent to place eligible Work Release inmates on House Arrest upon meeting specified AACDDF criteria. Program elements are the same as the condition of sentenced participants. Eligible inmates may progress to this status for the last 60 days of their sentence.