Sentence Correction

Judge Bonham denied a motion to allow members of the jury to go home at the end of each day instead of to confine them to a hotel.

(A) to allow members of the jury to go home at the end of each day instead of to confine them to
(B) that would have allowed members of the jury to go home at the end of each day instead of confined to
(C) under which members of the jury are allowed to go home at the end of each day instead of confining them in
(D) that would allow members of the jury to go home at the end of each day rather than confinement in
(E) to allow members of the jury to go home at the end of each day rather than be confined to

OA: E

someone posted this before!
but i would like to know what's wrong with other options!

[spoiler]Is A wrong because the "them" is ambiguous and "instead of" should go with Ving???[/spoiler]

thank u so much!

Judge Bonham denied a motion to allow members [(of the jury) (to go home) (at the end) (of each day)] instead of to confine them to a hotel.

Each of the bolded phrases in parenthesis is a prepositional phrase, meaning that we can ignore it temporarily to see what the sentence is really made up of.

and we get:

Judge Bonham denied a motion to allow members... instead of to confine them to a hotel

Notice the parallelism~ Now the rule for instead of vs. rather than is this: Use Rather than to show preference and use instead of when replacing something with something else. Since sometimes this isn't always that clear cut, I learned from gmatprepnow that rather than is the preferred choice on the GMAT.

Choices A,B, and C all use instead of, so eliminate them.

Choice D incorrectly uses confinement in

Choice E is right and I think [to allow] is parallel to [(to) be] since they're both infinitives. But an expert might want to co-sign me on this since i'm, well... not an expert.

Judge Bonham denied a motion to allow members of the jury to go home at the end of each day rather than be confined to a hotel.

What is the role of "BE" in the sentence.

Plz give some examples.

Regards

Ratnakar Chitturi.