Judge Bonham--a lasting puzzle for me

[GMATplanet]

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.
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

The OE says that the confine part should use passive voice, but if we read it this way: Judge denied a motion to allow jury to... rather than confine them to..., if we see allow and confine as parallel, then A is OK. But why can't we do that? Since OA is E.

[aspirant2011]

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.
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

The OE says that the confine part should use passive voice, but if we read it this way: Judge denied a motion to allow jury to... rather than confine them to..., if we see allow and confine as parallel, then A is OK. But why can't we do that? Since OA is E.

Two problems which I found with option A are-

1. Changes the intended meaning of the sentence by using to confine them to as if someone forcefully confines them.......

2. instead of should be followed by a noun but over here I don't see noun adjacent to instead of but rather than should be followed by sub-clause, which I think is being correctly done in option E and the meaning is also reserved in option E......

[crick]

+1 for E.

instead of to confine is incorrect in A.

Crick