Understanding Electronic Monitoring and Time Served
Electronic monitoring (EM), often referred to as “ankle monitoring” or “house arrest,” is a form of surveillance used by courts as an alternative to incarceration. But a common question arises: Does electronic monitoring count as time served in jail or prison? The answer depends on jurisdiction, sentencing conditions, and specific legal interpretations.
How Courts View Electronic Monitoring
Some states and federal courts recognize time spent under strict electronic monitoring as credit toward a sentence, especially if the conditions are highly restrictive. For example, if a defendant is confined to their home with GPS tracking and movement limitations, a judge may count those days similarly to jail time.
However, not all jurisdictions treat EM as equal to incarceration. Some only grant partial credit, while others exclude it entirely. According to the Bureau of Justice Assistance, policies vary widely, and defendants must verify their local laws.
Factors That Determine If EM Counts as Time Served
- Judicial Discretion—Judges have significant leeway in deciding whether to credit EM toward a sentence.
- State Laws—Some states, like California, allow EM to count under specific conditions (California Penal Code § 2900.5).
- Restrictiveness of Monitoring—24/7home confinement is more likely to qualify than partial monitoring.
- Plea Agreements—Some plea deals explicitly state whether EM will apply toward time served.
When Electronic Monitoring Doesn’t Count
- Pre-Trial Monitoring—If EM is imposed before conviction, it may not count unless later applied by a judge.
- Probation or Parole—If monitoring is part of probation, it typically doesn’t reduce a sentence.
- Less Restrictive Programs – Curfew-based tracking may not qualify.
Legal Precedents and Key Cases
Courts have ruled differently on this issue:
- In State v. Rousseau, a court ruled that EM could count as confinement.
- Conversely, U.S. v. Smith found that EM wasn’t equivalent to jail time under federal guidelines.
How to Ensure Your EM Time Counts
- Consult a Lawyer—A criminal defense attorney can argue for EM credit during sentencing.
- Review Court Orders—Some judges specify in writing whether EM applies.
- Check State Statutes—Research local laws, such as those compiled by the National Conference of State Legislatures.
While electronic monitoring can sometimes reduce jail time, it’s not automatic. Legal guidance is crucial to ensure fair treatment. If you or someone you know is under EM, verifying its impact on sentencing could make a significant difference.