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37 St. Louis U. L.J. 647 (1992-1993)
Psychological Issues of Home Confinement

handle is hein.journals/stlulj37 and id is 657 raw text is: PSYCHOLEGAL ISSUES OF HOME CONFINEMENT DOROTHY K. KAOEHIRO Community-based corrections offer alternatives to the criminal justice policy of placing more and more people in incarceration for longer and longer periods of time.' One of the most recent and fastest- growing alternatives to incarceration is home confinement. Home con- finement refers to any imposed condition requiring a defendant or of- fender to remain within a residence for any portion of the day.! Pro- grams of home confinement with electronic monitoring attempt to verify confinees' presence in their residences by means of electronic devices worn by the confinees for the duration of their terms. Unlike other community-based alternatives, this type of criminal justice program involves direct governmental intrusion into, and utilization of, a tradi- tionally sacrosanct locale-the citizen's home-for institutional purposes. Moreover, governmental control will often inevitably extend beyond citizens in criminal justice roles (criminal defendants and offenders) to * M.S., Psychology, University of Utah; Ph.D., Psychology, University of Utah; Law/Psychology Postdoctoral Fellow, University of Nebraska-Lincoln; Senior Research Associate for a national trial consulting fin located in the New York area. 1. See generally Robert M. Carter & Leslie T. Wilkins, Caseloads: Some Conceptual Models in PROBATION, PAROLE, AND COMMUNITY COREC IONS 96 (Rob- ert M. Carter & Leslie T. Wilkins eds., 2d ed., 1976); STEPiEN D. GOTrFRWSON & SEAN MCCoNVILLE, AMERICA'S CORRECTONAL CRISIS: PRISON .POPULATIONS AND PUBLIC POLICY (1987). 2. See People ex rel. Kornaker v. Melons, 511 N.Y.S.2d 527 (Monroe Co. Ct. 1987) (holding that time defendant spent in home confinement as a condition of pro- bation was not in custody time and defendant was not entitled to jail time credit upon revocation of probation for such time); State v. Paster, 524 A.2d 587 (R.I. Sup. CL 1987) (holding that home confinement could be imposed upon defendant convicted of second-degree sexual assault as a condition of probation); United States v. Mur- phy, 108 F.R.D. 437 (E.D.N.Y. 1985) (holding that defendant could be sentenced to two years of home detention instead of imprisonment on one count of his conviction and home detention as a condition of his probation on the other counts). See general- ly Jeffrey N. Hurwitz, Comment, House Arrest: A Critical Analysis of an Intermedi- ate-Level Penal Sanction, 135 U. PA. L. REV. 771 (1987); PAUL J. HOFER & BARBA- RA S. MEIERHOEFER, HOME CONFINMENT: AN EVOLVINO SANCTION IN THE FEDERAL CRIMINAL JUSTICE SYSTEM (1987); Joan Petersilia, House Arrest, (Nat'l Inst. of Just. Crime File Study Guide 1988).

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