Home detention is a good system to protect the presumption of innocence
and right to defense of the accused, minimize harmful effect of pre-trial detention
and short term imprisonment, prevent the severance of social and family
relationships, and solve the overcrowding problem of correctional facilities. This
study is designed to examine the necessity and plan to introduce home detention.
Introduction of home detention should be reviewed based on followings.

First, pre-trial detention need to be minimized for the presumption of
innocence and right to defense of the accused only if the attendance of
the accused at criminal trial is guaranteed.
Second, the duration of short term imprisonment is insufficient to achieve
correctional goal of prisoner, but it is enough to learn crime. Imposing
short term imprisonment need to be careful to minimize harmful effect
of correctional detention.

Third, correctional goal of prisoner is rehabilitation. However, detention to
correctional facilities makes prisoner isolated from society and difficult
to rehabilitate. An alternative plan to minimize labelling effect, support
looking for a job and employment, and recover family relationship should
be prepared.

Fourth, effective plan should be prepared for prisoner having difficulty in life
of detention such as the elderly, patients, pregnant woman, an infant
caregiver.

Fifth, overcrowding of correctional facilities in Korea is very serious. Building
new correctional facility requires time and cost and not easy to overcome
regional conflict. Therefore it is most urgent matter to prepare solution
for overcrowding problem.
Followings should be carefully considered in introducing home detention.
First, fairness and transparency of selecting offender should be secured.
If fairness and transparency of offender selection is broken, it could lead
to distrust in judicial system.

Second, safety of society should be guaranteed.
Home detention divert criminals to detention in society instead of
correctional facilities. It needs lots of understanding, interest, and support
of public. However, public focus on recidivism risk, breach of compliance,
and public safety. Therefore proper offender selection, guidelines,
supervision should be made to guarantee social safety.
Third, cooperation among related organization is important.
Home detention divert criminals to detention in society instead of
correctional facilities. Lots of organizations are involved to manage home
detention such as court, police, the prosecutor’s office, correctional office,
probation office, etc. These related organizations should closely cooperate
in each procedure of home detention.
Details for home detention are as followings.

First, home detention is only possible if there is no concern about escape and
destruction of evidence of criminals at investigation and trial stage. Home
detention could be applied when prison term of convicted criminal does
not start or is relatively short, or expected term of execution is short.
Moreover, prisoners already in jail could be eligible to home detention.

Second, minor offenders and criminals convicted of negligence could be eligible
to home detention, All of them are restricted to the first time offender
only. It is desired that the rest of prison term or confirmed sentence is
under 12 months. Also, murder, robber, arson, sexual assault, crime of
violence, child abuse, abandoned crime should be excluded to home
detention.

Third, personal matter such as age, health status, support family should be
concerned in selecting home detention offender. Other things could be
included, but pregnant women, infant caregivers, patients, elderly people,
and the disabled should have priority in determining home detention.
Fourth, home detention is determined by the request of offenders or
prosecutors, and court authority but is in need of consent from offenders
themselves and their family members.

Fifth, court should determine home detention in principle because home
detention limits personal liberty.

Sixth, the proper place for home detention is home where the eligible actually
reside. Hospital, nursing facility, or dormitory is also possible to the place
for home detention. But establishment of halfway house should be reviewed
for the eligible not prepared proper place.

Seventh, the proper period of home detention should be within 6 months of
10~20% of prison term or remaining term.

Eighth, certain compliance details could be imposed to home detention.
Curfew, partial allowance of external activities(work, study, medical
treatment, hobby, etc), and no admittance of outsiders are typical. Besides,
entrance to specific area, approach to the victim, act of speculation,
alcohol and drugs are prohibited. Certain therapeutic program, educational
program could be requested to the offenders. If the offender violates
compliance, it is desirable to cancel home detention and re-detention to
correctional facility.

Ninth, probation office should supervise the offenders of home detention
because probation office has nation-wide organization and manpower. In
addition to wristwatch-type electronic bracelet, CCTV, direct visitation,
or random phone call could be used for concrete supervision method.
Tenth, government should take the responsibility of expense.