Supervised Electronic Confinement Program
What is SEC?
Supervised Electronic Confinement (SEC) is the name the Orange County Probation Department has given the electronic monitoring home detention program it administers as authorized by Penal Code §1203.016 under which inmates committed to a county jail or other county correctional facility, or granted probation may voluntarily participate, or be involuntarily placed, in a home detention program during their sentence in lieu of confinement in the county jail.
SEC is a safe, cost effective, post–adjudication alternate confinement program for inmates ordered to serve a custody commitment as a result of a non-violent, non-serious or non-sexual offense, but is subject to authorization by the Court and approval by the Probation Department.
Under SEC, inmates are confined to their residence under strict conditions that govern their freedom and actions. The SEC program is administered by CorrectiveSolutions in conjunction with the Probation Department, who performs the primary activities:
- tracking and confirming the whereabouts of individuals at all times, including in and out of the residence
- monitoring and verifying compliance of court ordered terms and conditions of probation and program rules and regulations
- random and/or scheduled testing of individuals for drug use and/or alcohol consumption
- addressing violations of court-ordered conditions and/or program requirements
SEC is not easy, but it offers inmates the opportunity to complete a jail sentence in an environment that allows individuals to work, attend counseling sessions, educational or vocational training classes, or seek medical and dental assistance. The inmate is responsible for obeying the rules and regulations and exercising the necessary self-control and good judgment to be successful.
Who is Eligible?
Pursuant to Penal Code §1203.016(d)(2), “The correctional administrator, or his or her designee, shall have the sole discretionary authority to permit program participation as an alternative to physical custody.” Furthermore, Penal Code §1203.016(e) specifies, “The recommendation or referral of the court shall be given great weight in the determination of acceptance or denial.” To that end, if the court specifically denies SEC, the applicant will automatically be disqualified and considered ineligible for the program. If the court authorizes/recommends SEC, the Probation Department will assess the applicant using established procedures. Misdemeanor and felony cases assessed as both “eligible” and “suitable” will be accepted into the program.
When determining program eligibility, using an assessment tool, the SEC DPO will determine a score based on the applicant’s instant offense, prior record, offender profile, ties to the community, employment, substance/alcohol abuse history, and violence potential. Based on the assessment score, applicants are deemed either eligible or ineligible.
When determining program suitability, the SEC DPO will assess the facts specific to the circumstances of offenses for which SEC is being considered. Crimes of a serious, violent, and sexual nature, and other crimes or circumstances considered to be an ongoing danger to public safety, regardless of the assessed eligibility score, may be determined as “unsuitable” for the program. Certain crimes will automatically be excluded and considered unsuitable.
Can an inmate use a private company for home detention other than CorrectiveSolutions?
Penal Code §1203.016(j)(1) states in part that “[n]o public or private agency or entity may operate a home detention program in any county without a written contract with that county’s correctional administrator.” This reflects the California Legislature’s goal that “home detention programs established under this section maintain the highest public confidence, credibility, and public safety.”
The Orange County Chief Probation Officer is the designated County Correctional Administrator for the purpose of administering the county home detention program, and as such, has entered into contract with CorrectiveSolutions for the purposes of providing full management and continuous electronic monitoring services. No other home detention service provider is contracted or authorized.
Is there an appeals process?
The Probation Department provides an appeal process described in Penal Code §1203.016(d)(2) to all applicants and participants in the SEC program, which states in part, “persons … who are denied participation or all persons removed from program participation shall be notified in writing of the specific reasons for the denial or removal. The notice of denial or removal shall include the participant’s appeal rights, as established by program administrative policy.”
When an applicant/participant is denied or removed from the SEC program, he/she is advised of their appeal rights within the same form denying or removing them from the program. Appeals are conducted each Wednesday by the Correctional Administrator designee, who is the Probation Department’s Special Supervision Division Director that oversees the SEC program. All appeal decisions are placed in writing and mailed to the applicant and/or legal representative within 48 hours of the appeal review.
How Much Does SEC Cost?
Each participant pays a fee based on their ability to pay as determined by CorrectiveSolutions. Acceptance into the program is not determined by the ability to pay the fee.
What Equipment is Used?
- A single-piece, 6-ounce GPS transmitter worn on the ankle
- As determined necessary, a landline monitoring device within the residence
- As determined necessary, an alcohol testing device within the residence
Unless there is a specific need to use a telephone landline as a result of geographical or other environmental conditions that interfere with the various monitoring equipment’s ability to effectively transmit or receive a cellular signal, the monitoring devices are cellular based and typically do not require a landline.