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Speak Up! - View Question #629 |
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Question: What happens when you are on house arrest and what happens when you are on probabtion?
Answer: According to Arizona Law (A.R.S. § 8-201), detention means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier.
With this in mind, home detention, also know as house arrest, is considered an alternative to 'detention' in which case the juvenile is allowed to be released into the community and return home, but with strict requirements. Home detention greatly restricts the juvenile's freedom and requires that the juvenile does not leave their home unless: 1) accompanied by a parent or guardian, and/or 2) attending school, work or counseling. Home detention can use an electronic monitor (ankle bracelet) which requires that the juvenile stays home at all times unless given permission by their probation officer.
Probation is an alternative to detention in a juvenile detention facility. Prior to a juvenile being placed on probation, a probation officer evaluates:
- the nature (type) of the offense;
- prior record / history of referrals to the court;
- the juvenile's risk to the community; and
- the needs of the juvenile.
If deemed appropriate for probation, the juvenile can be court ordered (by the judge) to comply with all, or any, of the following conditions:
- attend school
- gain and/or maintain employment
- participate with a treatment program and/or counseling
- perform community service in retribution for their crime
- pay restitution to the victim
- submit to urinalysis to confirm a drug free lifestyle
- abide by a curfew or house arrest, etc.
It is the responsibility of the probation officer to monitor how well the juvenile complies with the court ordered conditions and report back to the judge. Should the juvenile fail to be compliant with the conditions, the juvenile can be ordered to remain on probation past their given sentence, placed on intensive probation, or be placed in a detention facility.
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