House Arrest & Electronic Monitoring FAQ

Select counties in South Dakota offer programs that allow defendants that have been sentenced to serve actual jail to receive credit for serving that jail time while still residing at home and going to work or attending school.  In order to qualify for electronic monitoring or house arrest, the sentencing Court must authorize electronic monitoring or house arrest as an alternative to serving the entire sentence in the county jail.  In addition, the facility administering the electronic monitoring or house arrest program may have additional requirements that must be satisfied to utilize the program.  These requirements can vary from county to county, but electronic monitoring or house arrest programs typically cost around $20 per day, require the participant to work or attend school for at least 20 hours per week, require the participant to wear an G.P.S. ankle monitor, and require that the participant comply with alcohol monitoring and random drug tests.  While serving a county jail sentence via electronic monitoring, the defendant’s movement is greatly restricted and is typically only allowed to leave their residence to go to work or school, attend treatment, and comply with drug or alcohol testing.  In some cases, a defendant that does not meet a county’s electronic monitoring requirements may be allowed to utilize a private provider’s electronic monitoring program in order to avoid serving actual jail time.  Finally, in some cases a defendant that is facing charges and jail time in South Dakota but resides outside of South Dakota may be allowed to utilize a private out of state electronic monitoring provider instead of being required to travel to South Dakota to serve actual jail time.  It is important to contact an experienced attorney who can inform you on what if any options may be available in your specific situation.