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A number of inmates who were released were not eligible for the program and were subsequently arrested and reimprisoned. The prisoners were not given notice or warning about their reimprisonment, and some appealed the process. The article finds that the inmates should have been given notice before their arrest and reimprisonment. The article tells of a particular case of poor decision-making, and is not generally applicable to most people under house arrest. It is a report of a specific incident that occurred and how it was resolved, rather than a consideration of house arrest itself Civic Research Institute. (2011a). Arizona Statute Requiring "Electronic Monitoring Where Available" Unenforceable on Non-Resident.
The Journal of Offender Monitoring, 22. This article is interesting because while it applies to a specific case, it raises the issue of alternative interpretations of the same law, which has potential constitutional ramifications. This report looked at a case that occurred in Arizona (Haag v. Steinle) where an out-of-state individual was sentenced to electronic monitoring. However, electronic monitoring is not used in the state where the offender now resides, and Arizona does not participate in out-of-state electronic monitoring. . Civic Research Institute. (2011). When Imposing Electronic Monitoring, Be Sure to Sentence Under Law in Effect.
The Journal of Offender Monitoring, 22. This article is short, and is not relevant to the process of house arrest in general, but only to the specific case where an individual is sentenced under a law that is not present. This report considers a particular case (State v. Boutte) where the offender’s sentence had to be dismissed because he was sentenced under a provision that was not in place when he initially committed the crime. The offender was sentenced in 2010 for aggravated assault with a firearm.
The required sentence for this crime is imprisonment up to five years or a fine up to $5,000. The court decided to sentence him to four years of house arrest instead, however, the act at the time stated that house arrest could not last more than two years. This article, although it is only relevant in a few cases, shows that prosecutors need to be careful about the sentences that they hand down and make sure that they are legal and relevant. Martin, J. S., Harnrahan, K., & Bowers Jr., J. H. (2009).
Offenders' Perceptions of House Arrest and Electronic Monitoring. Journal of Offender Rehabilitation, 48, 547-570. A detailed and interesting study on how offenders perceive alternative sentencing programs, which provides a strong background and very relevant conclusions. The article examines the efficiency of house arrest (HA) and electronic monitoring (EM) programs as alternatives to incarceration, by considering the effect that these have as a criminal sanction on criminals and their families.
The authors surveyed offenders from three counties who had completed an EM or HA sentence focusing on the impact on families, and the
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