전자감독형 가택구금의 활용 방안에 관한 연구

Home detention is a form of community correction in which people are detained at home or other designated locations rather than correctional facilities. It serves the function of alleviating overcrowding in correctional facilities and reducing correctional costs. In addition, home detention prevents disconnection from society due to detention within the facility, prevents pretrial detainees and short-term prisoners from being infected by negative influences, and guarantees the right to defense of pretrial detainees who are presumed innocent. Due to this effect, the United States utilizes the home detention system throughout the entire stages of the criminal justice procedures, from pre-trial detention to probation after completion of sentence. The form and compliance of home detention are determined individually, and supervision is, in principle, carried out through electronic supervision. And the First Step Act, enacted in 2018, expands the scope of home detention to include the elderly, terminally ill, and low-risk criminals with the purpose of resolving overcrowding in federal prisons, and extends the allowable period to the rest of the execution period. Based on the U.S. home detention system, this article suggests pre-trial home detention as an alternative to pretrial detention, home detention as a method of execution sentences, and home confinement as a security measure. Furthermore, the operation of the home detention as an intermediate correction according to the aging era was suggested.