You're Grounded!

How do you qualify for house arrest?

By Juliet Lapidos

Marc Dreier, the New York lawyer charged with defrauding his investors out of $400 million, failed to make bail last Thursday. He will await trial in prison rather than at home, because he could not meet the conditions set by Judge Douglas Eaton—namely, a $20 million bond and at least four "responsible" co-signers. By contrast, Bernie Madoff, who confessed to a $50 billion Ponzi scheme, was released on $10 million bail and has been living under house arrest in his Manhattan penthouse since December. Who qualifies for house arrest?

Those unlikely to break the terms of their confinement. Judges may impose house arrest in lieu of incarceration before trial (as a condition of bail) or as a sentence. Prior to sentencing, judges are chiefly concerned with the risk of flight—determined based on criminal record, a person's ties to the community (does he have a family to support?), and his visibility (will someone notice if he tries to fly the coop?). Judges considering house arrest instead of jail time are mostly concerned with the likelihood of recidivism. While it's not common for convicts to serve out an entire sentence at home, nonviolent offenders may get away with a jail-free punishment if they have a clean rap sheet, a steady employment history, and no gang affiliation. Parole commissions may also impose home confinement instead of releasing an offender after he's served a prison sentence. This option is especially common for sex offenders.

Read on...