Picture two people sentenced to the same 60 days for the same misdemeanor. One spends those days in a jail cell. The other sleeps in their own bed, keeps their job, and has dinner with their kids every night.
The difference is often house arrest.
In California, house arrest can let some people serve their time at home instead of in jail. But it is not a free pass. You wear a monitor, you follow strict rules, and one mistake can send you straight back to jail. This guide explains how house arrest works in California, who qualifies, what the rules are, and what it costs.
What Is House Arrest?
House arrest means you must stay at home during set hours instead of being held in jail. Your location is usually tracked with an electronic ankle monitor, often using GPS (the same satellite tracking used by phone maps).
California law usually calls this “home detention.” You may also hear terms like “home confinement” or “electronic monitoring.” They all describe the same basic idea: you are still in custody, but your home is where you serve it.
How Ankle Monitors Work
Most people on house arrest wear an electronic ankle monitor. It is a small device strapped around the ankle that you cannot take off yourself. Research from the National Institute of Justice describes two main types:
| Type | What it does | What it does not do |
| Radio frequency (RF) monitor | Checks whether you are at home, using a base unit placed in your house | Does not track where you go once you leave |
| GPS monitor | Tracks your location throughout the day | Does not record your conversations (California’s home detention law bans this) |
California’s home detention law allows GPS devices and other supervising devices. Your program decides which type you wear.
What crimes get an ankle monitor?
There is no single list of crimes in California law. An ankle monitor is usually tied to a situation, not just a charge. Common examples include:
- Serving a jail sentence at home through a county home detention program
- Waiting for trial while on a pretrial monitoring program
- Probation or parole terms that include electronic monitoring
- Release conditions set by a judge, such as staying away from a certain person or place
It is also a common myth that everyone on an ankle monitor was charged with a sex crime. The National Institute of Justice has noted that people on monitors often feel stigmatized by this belief, even though monitors are used for many types of cases.
Types of House Arrest in California
House arrest can happen at two different points in a case:
| Point | After sentencing | Before trial |
| Main law | Penal Code 1203.016 | Penal Code 1203.018 |
| Who it is for | People sentenced to county jail, people on probation, or people in work furlough | People held in jail because they cannot post bail |
| What it replaces | Time in county jail | Waiting in jail for the case to finish |
| Who runs it | The sheriff, probation department, or county corrections | The sheriff, probation department, or county corrections |
Home detention in place of jail (Penal Code 1203.016)
Under Penal Code 1203.016, each county can run a program that lets people serve their jail sentence at home. This is what most people mean when they talk about house arrest after a conviction. It can sometimes be part of a sentence that includes a suspended sentence or probation.
Electronic monitoring before trial (Penal Code 1203.018)
Penal Code 1203.018 covers people who are still waiting for their case to end and are in jail only because they cannot afford bail. A person may qualify if they have no holds or outstanding warrants and one of these applies:
- They have been in custody at least 30 days since their arraignment on misdemeanor charges only
- They have been in custody at least 60 days since their arraignment on any charges
- The jail administrator decides their release is consistent with public safety
If you are trying to get someone out before trial, it also helps to understand how bail bonds work and other release options.
House arrest in Kern County
In Kern County, the Sheriff’s Office runs what it calls the “Virtual Jail,” a group of alternative custody programs that includes work release, Sheriff’s parole, and an electronic monitoring program. The Kern County Probation Department has also offered electronic monitoring for eligible people.
Who Decides If You Get House Arrest?
Many people assume the judge decides. The real answer is a bit different.
- The judge can recommend it. The court can refer a person to the program, and the law says that recommendation must be given “great weight.”
- The judge can also block it. At sentencing or later, the judge can limit or deny house arrest.
- The county makes the final call. The sheriff, probation officer, or county corrections director has the final say on who is accepted.
If you are denied or removed from the program, you must be told the specific reasons in writing, along with how to appeal.
Who Qualifies for House Arrest?
California law does not list exact crimes that qualify. Each county sets its own rules. In general, these factors often matter:
- The type of offense. Non-violent and lower-level offenses are more likely to qualify.
- Your behavior in jail. The law allows the county to refuse someone who did not follow the rules while in custody.
- Holds and warrants. An open warrant or a hold from another agency can make you ineligible.
- A stable home. You need a place to live where the monitoring equipment can work.
Example: Jenna is sentenced to 45 days for a misdemeanor theft charge. She has a steady job, no prior record, and a stable home in Bakersfield. Her lawyer asks the judge to recommend home detention. The judge agrees, and the county accepts her into the program. She serves her time at home and keeps her job.
How to Get House Arrest in California
You usually have to ask for house arrest. It is rarely offered on its own. The process often looks like this:
- Talk to a defense lawyer early, ideally before sentencing, while there is still time to shape the sentence.
- Ask the judge to recommend or refer you to the county home detention program. The law says the county must give that recommendation great weight.
- Apply to the county program, which is run by the sheriff, probation department, or county corrections.
- Meet the program rules, such as having no holds or warrants and a stable place to live.
- Sign the written agreement and have the monitoring equipment set up.
House Arrest Rules in California
Penal Code 1203.016 lists rules that every participant must agree to, in writing:
- Stay inside your home during the hours set by the program.
- Let officers in at any time. A probation officer or other officer can enter your home to check that you are following the rules.
- Agree to electronic monitoring. This may include a GPS ankle monitor. The law says the device cannot be used to listen in on or record your conversations, except for voice checks with the person supervising you.
- Accept that you can be taken back to jail without a new court order if the monitor stops working, you leave home without permission, or you no longer meet the program rules.
Your county program may add more rules, such as drug or alcohol testing.
What Can You Leave Home For?
House arrest does not always mean you can never leave. The law allows the program to let you:
- Go to work or look for a job
- Attend counseling sessions
- Go to school or job training classes
- Get medical or dental care
Every trip must be approved and follow your set schedule. Being late coming home can be a serious problem.
How Much Does House Arrest Cost in California?
This is one of the most common questions, and the answer has changed in recent years.
Since July 1, 2021, California counties can no longer charge administrative fees for home detention or electronic monitoring programs run under Penal Code 1203.016 and 1203.018. This change came from a state law called AB 1869. The Kern County Superior Court confirmed the change in an official notice in October 2021, and it said unpaid balances of those fees would be cleared.
Many older websites still list daily fees for ankle monitors. Those numbers may not apply to county programs in California anymore. If a court orders monitoring through a private company in another type of case, such as some diversion or alcohol monitoring programs, costs may be different, so ask your lawyer.
Does House Arrest Count as Time Served?
Yes, in many cases. Under Penal Code 2900.5, days served in home detention under Penal Code 1203.016 or 1203.018 must be credited toward your sentence, just like days spent in jail.
People in a county home detention program under Penal Code 1203.016 can also earn conduct credits for good behavior and work under Penal Code 4019. When all credits are earned, that law treats four days as served for every two days actually spent in custody.
Example: Omar is sentenced to 60 days and serves it through home detention. If he earns all of his conduct credits, he may complete his sentence in about 30 days at home.
There is an important limit. Not every curfew or ankle monitor counts. The credit applies to county home detention programs under these laws. A monitor ordered simply as a condition of release, or one set up privately, may not count the same way, so ask your lawyer how credit will be calculated in your case.
What Happens If You Break House Arrest Rules?
Breaking the rules can quickly undo the benefits of house arrest:
- You can be taken back to jail to serve the rest of your sentence. An officer can do this without an arrest warrant if they reasonably believe you broke the rules.
- You could face a felony escape charge. Leaving home without permission, or not coming back on time, can be punished under Penal Code 4532, California’s escape law. It specifically covers people in home detention programs. Even without force or violence, escape is a felony:
- If you were serving time for a misdemeanor: up to one year in county jail, or one year and one day in state prison.
- If you were serving time for a felony: up to one year in county jail, or 16 months, two years, or three years in state prison, added on top of your other sentence.
- Your probation could be affected. If house arrest is part of your probation, breaking the rules can be treated as a probation violation in California, which can lead to a hearing and stricter terms.
For people released before trial, breaking the rules can also lead to the problems that come with violating pretrial release, such as losing your release.
Can You Get House Arrest for a DUI?
Sometimes. A DUI sentence that includes county jail time may be served through a county alternative program, such as home detention, if the judge and county agree. Whether it is possible depends on the facts of the case, your record, and the county’s program rules.
If this is your first DUI, knowing what happens after a first DUI in California can help you see where house arrest might fit in. A Bakersfield DUI lawyer can ask the court to consider it.
How a Bakersfield Defense Lawyer Can Help
House arrest is not automatic, and the best time to ask for it is often before or at sentencing. A defense lawyer can:
- Ask the judge to recommend home detention, which the county must give great weight.
- Show why you are a good fit, such as a steady job, family duties, or health needs.
- Negotiate a sentence that makes house arrest possible, especially in misdemeanor cases.
- Help if something goes wrong, like a monitor error or a missed return time.
Frequently Asked Questions About House Arrest
What’s the longest you can be on house arrest?
When house arrest replaces a jail sentence, it generally lasts no longer than the jail time you were ordered to serve, because it takes the place of that sentence. When it is used before trial, it can last until the case ends or the court changes your release.
How do people on house arrest get food?
It depends on the program. Many people rely on family members or grocery delivery. Some programs may approve short trips for errands, but you should never leave home unless your supervising officer has approved it in advance.
Can you have visitors while on house arrest?
That depends on your county program’s rules. The law does not ban visitors, but officers can enter your home at any time, and some programs limit who can be there. Ask your supervising officer before inviting anyone over.
Do you have to pay for an ankle monitor in California?
For county home detention and electronic monitoring programs under Penal Code 1203.016 and 1203.018, California ended administrative fees on July 1, 2021. Costs may be different in other situations, such as private monitoring tied to some diversion programs.
Facing Jail Time in Bakersfield? Ask About House Arrest
Serving your sentence at home can make a huge difference for your job, your family, and your future. But you usually have to ask for it, and the request is stronger with a clear plan and the right support.
At the Law Office of David L. Faulkner, we look for every option that can keep you out of a jail cell. If you or someone you love is facing jail time, our Bakersfield criminal defense lawyer can explain whether house arrest may be possible in your case.
Call (661) 324-4777 for a free, confidential consultation or contact us online.
