It’s been frustrating for defendants and their loved ones, but some judges in Alameda County have taken the position that electronic home detention is not an alternative to county jail. These judges reason that if the judge has discretion in deciding the punishment, then electronic home detention is an option. But if the offense contains a mandatory minimum jail sentence, the defendant is out of luck.

Finally, good news. The Alameda County Board of Supervisors has given its approval to a contract between the Alameda Probation Department and a home detention contractor. That contractor, Leadership in Community Alternatives (LCA), has performed electronic home detention and alcohol monitoring for years. Now that the Board of Supervisors has approved LCA’s contract with the county time spent under house arrest can count towards a mandatory minimum jail sentence. That’s because Penal Code section 1203.016, which was passed by the legislature as part of criminal justice realignment in 2011, authorized the Board of Supervisors of every county to set up a system of house arrest in lieu of county jail.