Home detention is both a punitive and rehabilitation sentence.

It requires an offender to remain

at a suitable and approved residence at all times and be monitored 24 hours a day, seven days
a week.

Offenders on home detention must also complete programmes designed to address the causes
of their offending.

The sentence can address both the rehabilitation and re-integration needs of an offender, while
placing restrictions on them such as being confined to a specific location, and special conditions
such as electronic monitoring.

Home detention allows an offender to seek or maintain employment, complete a sentence of

community work if imposed, access programmes to address their offending and maintain their
family relationships.

Offenders can be sentenced to home detention from 14 days to one year.

How home detention works

Home detention is an alternative to imprisonment and is intended for offenders who otherwise
would have received a short prison sentence (of two years or less) for their offending.

Only sentencing judges can impose home detention. They must take into consideration advice
provided by a probation officer who has assessed the offender, and the home address and any
people who live there.

Conditions offenders must follow

Offenders who receive a home detention sentence are subject to standard and special
conditions.

Electronic monitoring equipment is installed at the offender’s address and their compliance
monitored for the length of the sentence.

People who are on home detention may also be required to:

 pay a fine
 pay reparation to their victim/s
 do community work.

Absences

Offenders must apply to their probation officer if they need to be absent from their home
detention address. Their probation officer will decide whether to approve the request.

A probation officer may approve an offender’s absence from their detention address so they can
go to: work, study, rehabilitation programmes, the doctor, and appointments with other
agencies. All absences from the address are monitored by alternative means – such as
verification from the offender’s sponsor or checking on appointments.
Article 80 of the Revised Penal Code

“ART. 80. Suspension of sentence of minor delinquents.— Whenever a minor of either sex,
under sixteen years of age at the date of the commission of a grave or less grave felony, is
accused thereof, the court, after hearing the evidence in the proper proceedings, instead of
pronouncing judgment of conviction, shall suspend all further proceedings and shall commit
such minor to the custody or care of a public or private, benevolent or charitable institution,
established under the law for the care, correction or education of orphaned, homeless,
defective, and delinquent children, or to the custody or care of any other responsible person in
any other place subject to visitation and supervision by the Director of Public Welfare or any of
his agents or representatives, if there be any, or otherwise by the superintendent of public
schools or his representatives, subject to such conditions as are prescribed hereinbelow until
such minor shall have reached his majority or for such less period as the court may deem
proper.

Article 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing the
evidence in the proper proceedings, the court should find that the youthful offender has committed
the acts charged against him the court shall determine the imposable penalty, including any civil
liability chargeable against him. However, instead of pronouncing judgment of conviction, the court
shall suspend all further proceedings and shall commit such minor to the custody or care of the
Department of Social Welfare, or to any training institution operated by the government, or duly
licensed agencies or any other responsible person, until he shall have reached twenty-one years of
age or, for a shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Welfare or the agency or responsible individual under
whose care he has been committed.

The youthful offender shall be subject to visitation and supervision by a representative of the
Department of Social Welfare or any duly licensed agency or such other officer as the Court may
designate subject to such conditions as it may prescribe.

DIFFERENCES OF DETENTION HOME AND REHABILITATION CENTER

Article 202. Rehabilitation Centers. - The Department of Social Welfare shall establish regional
rehabilitation centers for youthful offenders. The local government and other non-governmental
entities shall collaborate and contribute their support for the establishment and maintenance of
these facilities.

Article 203. Detention Homes. - The Department of Local Government and Community
Development shall establish detention homes in cities and provinces distinct and separate from
jails pending the disposition of cases of juvenile offenders.