The location monitoring program may be utilized by the Bureau of Prisons as part of an early release program or by the District Court as a substitute for incarceration or as a special condition of probation or supervised release. The Parole Commission may include location monitoring as a condition of parole or as a sanction for the violation of parole conditions. In some cases, the Probation Office may seek a modification of the conditions of probation or supervised release to include location monitoring as an intermediate sanction for the violation of supervision conditions, thereby avoiding revocation proceedings.
The authority for location monitoring in each of these situations is as follows:
18 U.S.C. § 3563(b)(19) and USSG §5C1.1(b) of the U.S. Sentencing Guidelines allow imposition of location monitoring as a special condition of probation.
18 U.S.C. § 3583(d) allows imposition of location monitoring as a special condition of supervised release.
18 U.S.C. § 4209(d)(1) allows imposition of location monitoring as a special condition of parole for offenses committed prior to November 1, 1987.
18 U.S.C. § 3624(c) authorizes the Bureau of Prisons to refer an inmate for location monitoring for a period not to exceed six (6) months or the last ten (10)percent of the prison term. The U.S. Probation System offers assistance to a prisoner during such pre-release custody.
The levels of home confinement include curfew, home detention and home incarceration, as discussed below:
Curfew restricts the participant to the residence during specified hours.
Home Detention requires that the participant remain at home at all times except for approved leave for employment, education, religious, medical and counseling and treatment purposes. Additional leave may be granted by the probation office as approved by the Court.
Home Incarceration restricts the participant to the residence at all times. This condition may allow special leave only for medical necessities, court appearances, and other activities specifically approved by the Court.
Location Monitoring includes the use of an electronic monitoring device. Click here for an example of an electronic monitoring device.