The Department contracts Attenti to install and remove the electronic equipment and to manage the monitoring centre. Your probation officer is the person at Corrections who manages your sentence from start to finish. In some cases, the probation officer may approve the tracker to be temporarily removed — for example air travel or admission to hospital. The offender may have zones where they cannot go — these are called exclusion zones.
They may also have zones that they must stay in at certain times — these are called inclusion zones. The Department will know if the offender goes where they should not go, or if they leave places they should not leave. The movements are recorded by a monitoring system, and a monitoring centre in New Zealand is staffed 24 hours a day, seven days a week to monitor the offenders on GPS and respond to any alerts.
The offender location information gathered from GPS monitoring can be used in evidence of the commission of offences and the Department is able to provide this information to the relevant enforcement agency if requested eg, NZ Police. Some activities are not suitable for you to take part in while you are wearing the tracker because of the risk of damaging the tracker or hurting yourself or others. Some locations might be unsuitable for you to visit such as hospitals where the tracker may interfere with on-site equipment.
Someone on house arrest is generally not limited to being in their home, but is only permitted to leave for certain pre-approved locations and activities.
Their movement and freedom is still controlled and monitored, however unlike being incarcerated, house arrest allows a person the ability to continue participating in society and at home. For example, someone on house arrest may be allowed to go to work, attend school, go to medical appointments, attend court appearances, and participate in meetings with their lawyer. Typically a person on house arrest has a curfew and must be home by a certain time.
House arrest includes a set of restrictions that must be followed. The following house arrest rules are fairly standard in most cases:. Violating the house arrest rules can result in the arrestee serving out the remainder of their sentence in jail or prison.
In order to be eligible, offenders usually must meet certain qualifications for house arrest. House arrest is typically available for non-violent offenders. It is also more common for first time offenders than repeat offenders. The offender must have a place to live that is in or near the jurisdiction sentencing them.
In most cases the offender must have a landline telephone in their home. An offender who used their home in the commission of the crime they are being punished for may not be eligible for house arrest. In most cases the prosecutor in the criminal case will make a recommendation for sentencing , but it is up to the judge to decide whether the offender is eligible for house arrest. One role of a criminal attorney is to illustrate why their client is a good candidate for house arrest.
During the sentencing phase of the trial you and your attorney will need to demonstrate that you meet the eligibility requirements in that particular jurisdiction. For example, you may need to show the following:. You can bring any documents to court that will help you demonstrate that you are a good candidate for house arrest. Your lawyer can also arrange to have witnesses testify on your behalf during sentencing.
If you violate the terms of house arrest your probation officer will decide whether to give you a warning or order you to appear in court for a hearing.
A home confinement violation might result in the probation officer recommending that the remainder of the sentence be served in jail or prison. If the violation was minor, the court might also adjust the curfew or the list of acceptable reasons to be outside of the home.
The penalties for a home confinement violation will depend on the facts and circumstances of the violation. For example, the court might be more lenient if the violation was due to a personal or family medical emergency. House arrest is a somewhat misleading term, since in almost every case the arrestee is allowed to leave their home for pre-approved reasons or locations outlined in the Home Detention Agreement.
Some of the reasons an arrestee can leave their home include:. At the Chambers Law Firm, our team of professionals understand how the system works — from the initial arrest to the different ways that people can be sentenced.
We put this knowledge to work for our clients, to help them get the best possible outcome for their case. Contact us today at or dchambers clfca. These programs ease overcrowding and meet the goals of punishment and rehabilitation. Free Consultation. Search for:. Call Us Today.
0コメント