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Pretrial Monitoring Guide

Pretrial Curfew Monitoring: How § 3142 Conditions Work and How to Avoid Violations

Curfew monitoring is a release condition. It requires you to be at an approved home during set hours, and a device or app checks that you are. In federal cases, the authority comes from 18 U.S.C. § 3142. State courts use their own rules.

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On this page
  1. Quick Answer
  2. After an Alert
  3. Legal Authority
  4. Day to Day
  5. Research
  6. Avoid Violations
  7. The Order
  8. Where ETS Fits
  9. Who Does What
  10. FAQs
  11. Sources

Quick answer

Curfew Monitoring in Short

  1. A judge may order a curfew as a condition of pretrial release.
  2. Technology confirms you are home during set hours.
  3. Officers may allow schedule changes for documented needs.
  4. After an alert, contact your officer and attorney right away.
  5. Save every record.

What to do after an alert

Responding to a Curfew Alert

Flow of steps after a curfew alert: contact the officer, document, tell counsel, follow up in writing and keep records.

  1. Contact your supervising officer

  2. Document what happened

  3. Tell your attorney

  4. Follow up in writing

  5. Keep the confirmation

General steps. Follow your officer's instructions.Source: U.S. Courts: Location Monitoring Reference Guide (opens in a new tab)

Federal rule

Where Curfew Conditions Come From

Under 18 U.S.C. § 3142, a federal judge must choose the least restrictive conditions that reasonably assure appearance and safety. A curfew is one listed option. The judge weighs factors such as:

  • The nature of the charge
  • The weight of the evidence
  • The person's history, work and community ties
  • Any danger release could pose

How it works

How Curfew Monitoring Works Day to Day

The U.S. Courts location monitoring program uses a few kinds of technology:

  • Radio frequency (RF): confirms you are at home using a base unit and an ankle device.
  • GPS: tracks location more closely and is often used for stricter conditions.
  • App-based: uses a phone app with check-ins.

Curfew hours can sometimes be adjusted for documented work or medical needs. Ask your officer and attorney before any change.

What studies show

What Research Says About Monitoring

Research suggests monitoring works best when it replaces detention for people who would otherwise stay in custody. Adding it for people who would be released anyway may increase technical violations without clear benefit. The U.S. Government Accountability Office has also recommended better data on alerts and response times.

Daily habits

Avoiding Violations

  • Keep your phone and device charged, especially overnight.
  • Leave extra time to get home before curfew.
  • Get written approval before any schedule change.
  • Save employer letters, appointment records and test results.
  • Tell your attorney about any alert, even if you think it was an error.

What it lists

What a Curfew Order Usually Includes

  • Curfew hours and the approved address
  • The type of monitoring and who installs it
  • Reporting and check-in rules
  • Who pays fees, if any
  • Who to contact about alerts

Legal note

This page uses federal law as an example. State courts, including California courts, follow their own release rules. Only the court sets conditions, and only your attorney can advise you about them.

What ETS can and cannot do

Where Executive Treatment Solutions Fits

ETS coordinates monitoring, testing, treatment and records that your attorney may use. ETS is not a pretrial services agency and does not decide alerts or violations.

Monitoring ServicesMonitoring coordination.Case ManagementRecords and schedules.AssessmentsQualified clinical assessment.

No outcome is guaranteed.

Responsibilities

Who Does What?

Judge

Orders the curfew and its terms.

Supervising officer

Monitors compliance and reviews alerts.

Defense attorney

Advises you and responds to violations.

ETS

Coordinates monitoring and records.

Questions

Pretrial Curfew Monitoring: Frequently Asked Questions

Conditions a court sets while a case is pending, such as a curfew or location monitoring, to manage flight or safety concerns without detention.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains pretrial curfew monitoring at a general level. It is not legal advice.

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