House Arrest/Home Detention
In this program, a client with at least 30 days remaining on his/her sentence (16 actual days to serve + eligible for ½ CTS pursuant to PC 4019) is allowed to remain at or return home under intensive supervision and monitoring. An electronic device mounted on the individual's ankle allows EMP staff to supervise the client closely at all times. The client can continue to live at home, maintain employment, attend school, or vocational programs and participate in treatment. Frequent field contacts are made by EMP staff along with random home searches and drug/alcohol testing. The client must have prior approval from EMP staff to leave home for any reason. The client's daily schedule must be approved by the EMP staff. Participants are also subject to surveillance at any time. If the client is away from home or work without permission, tests positive for illegal drugs, or becomes a risk to the community, the client can be returned to jail.
If accepted, there is a $50 initial deposit payable within three (3) days of starting EMP and a per day rate for each day to be served. The initial deposit will be applied toward your total EMP cost. The per day rate is determined by a sliding scale which is based on your income – (sliding scale chart below).
|$0.00 – $24.99
| $25.00 – $39.99
| $40.00 & Over
Depending on the situation, a client can be placed on other devices that are available such as continuous alcohol monitoring and Global Positioning System (GPS) monitoring. Alcohol use is monitored by a breathalyzer or a transdermal device attached to the ankle. With GPS, a transmitter is also attached to the ankle of the client. The GPS transmitter sends a signal to a GPS satellite and transmits data using a cellular network. A GPS transmitter tracks a client’s movement 24 hours a day.
All applicants will be screened by the Probation Department for eligibility and suitability. The following factors will make an applicant ineligible:
Court order prohibits EMP or Early Release Programs
PC 1170(h) or PRCS clients
Sentence with less than 15 actual days remaining
Outstanding warrants, a detainer, probation, parole or immigration holds
Pending new charge(s)
Excessive criminal history and/or prison priors
Does not have a verifiable residence in Santa Clara County
Cases involving crimes of a violent or sexal nature are typically ineligible for EMP.
Court – recommended EMP commitments will receive consideration when screened for acceptance, but may still be rejected, particularly if there are significant safety concerns.
Program Contact Information
- Adult Probation Department: (408) 435-2000
- EMP: (408) 435-2089
- EMP Supervisor: (408) 435-2132
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