Least to most restrictive
HDLE, strict home detention, and home detention with electronic monitoring are different levels.
Home Detention and Electronic Monitoring on New Jersey Pretrial Release
Directive #19-23 is the roadmap for home detention on pretrial release. It separates strict home detention, home detention with limited exceptions, and home detention with electronic monitoring, and it reminds courts that home detention should be used only when less restrictive conditions are not enough.
Screening is required
Courts should not order home detention without the required screening forms and residency review.
Consent is not enough
The parties agreeing to home detention should not be the sole basis for imposing it.
The Big Principle
The Criminal Justice Reform Act allows home detention when necessary to protect appearance in court, public safety, victim safety, or the integrity of the process. But the directive emphasizes hierarchy: courts should consider less restrictive conditions before imposing home detention.
The Three Categories
- Home Detention with Limited Exceptions: residence-based restriction with approved exceptions.
- Strict Home Detention: a tighter form of residence restriction.
- Home Detention with Electronic Monitoring: a separate highest-tier category monitored through EM technology.
What Defense Counsel Should Check
Before accepting or fighting home detention, review the residence, work needs, treatment needs, child-care realities, transportation, technology issues, and whether the State can show that ordinary monitoring conditions are insufficient.
Related pages
This page is general information, not legal advice. If a court date, warrant, detention issue, protective-order issue, or deadline is active, speak with counsel before taking action.