Electronic Monitoring

A convicted person is not automatically placed under the electronic monitoring system. As a rule, it is necessary to submit an application for permission to serve a prison sentence under electronic monitoring. Such an application is directed to the penitentiary court, which is the district court competent for the place of residence of the convicted person. The application can be submitted by the convicted person, their counsel, the prosecutor, a professional probation officer, or the director of the correctional facility.

The application must demonstrate that serving the sentence outside the correctional facility will be sufficient to achieve the objectives of the penalty. It is not enough to simply state that the convicted person wishes to stay at home instead of in prison. The court evaluates, among other things, the living situation of the convicted person, their previous conduct, permanent place of residence, technical conditions for device installation, and whether adult household members consent to serving the sentence at the shared residence.

It is advisable to attach documents that strengthen the argumentation to the application. These may include:

• confirmation of employment,
• medical documentation,
• certificate of education,
• information on family obligations,
• daily schedule,
• consents from adult cohabitants,
• data regarding the location where the monitoring is to be conducted.

The more specific and organized the application is, the easier it is for the court to assess whether electronic monitoring can be applied in the given case.

Appeal After Denial of Consent for Electronic Monitoring

If the court denies permission to serve the sentence under electronic monitoring, it does not necessarily mean the case is definitively closed. In such a situation, one should consider filing an appeal against the penitentiary court's decision.

The appeal should address the reasons for which the court denied consent for electronic monitoring. It should not merely repeat the previous application. It is worth indicating why the court's assessment was incomplete or overly stringent, supplementing documents, clarifying the daily schedule, and demonstrating that the convicted person provides assurance of properly serving the sentence outside the correctional facility. Arguments related to work, treatment, family care, continuation of education, and the convicted person's previous behavior may be particularly significant.

In case of denial, it is advisable to act quickly because remedies in criminal enforcement matters are subject to time limits. Therefore, upon receiving the decision, it is worth immediately checking the court's instructions and determining the deadline for filing an appeal. Errors in timing, lack of signature, imprecise requests, or overly general justifications can weaken the chances of a favorable resolution of the case.

Electronic Monitoring – What Does It Entail?

The electronic monitoring system is a collection of technologies and procedures used to monitor individuals subjected to freedom restrictions, such as conditional release. Its application allows for more flexible control of the behavior of convicted persons compared to traditional methods. Isolation in prison does not necessarily facilitate reintegration into society and often proves ineffective. A person under electronic monitoring is required to wear a device that provides information about their current location. When using GPS technology, a special device equipped with a transmitter allows for tracking their exact location and other relevant parameters.

Commonly used devices include electronic bracelets that can be worn on the ankle or wrist. The sensors embedded in their construction allow for monitoring the movement of a specific person, their location, or even parameters such as blood alcohol levels. The collected information is transmitted to a central monitoring system, where special software analyzes it. The system can generate warnings or alarms if the monitoring conditions are violated. One option is also to define zones where the monitored person can move freely. A significant advantage of this solution is its high effectiveness, achieved without taking drastic measures.

When Is Electronic Monitoring Applied?

In some cases, electronic monitoring can be used as an alternative to traditional prison isolation, allowing for serving the sentence in more open and flexible conditions. It is often applied to individuals sentenced to imprisonment who are on conditional release. By using this method, the well-being of the convicted person is improved, and they are more willing to reintegrate into social life. Ultimately, the rehabilitation of offenders is the most desired outcome of the justice system.

The application of electronic monitoring is justified if convicted individuals must not approach certain places. This method also enhances the safety of crime victims because it enables real-time monitoring of the offender's behavior. However, the final decision to apply this measure rests with the court. Representatives of the justice system decide whether electronic monitoring will be effective in a specific situation.

In cases where there has been prior detention or temporary arrest, the prompt assistance of a lawyer can also be crucial, especially when evaluating possible further procedural steps.

How Does Electronic Monitoring Work?

It is important to understand how electronic monitoring works. This method can rely on various technologies, with GPS monitoring being one of the most commonly used. Thanks to geolocation, the current position of the convicted person becomes clearly visible. Sometimes, the activity of a specific person is also subject to control. For example, if the convicted person is prohibited from approaching certain places or individuals, the system can record this data.

Devices used for electronic monitoring are battery-powered, and the data from them is transmitted to a central monitoring system. In case of a breach of monitoring conditions, the system generates an alarm, allowing the appropriate authorities to take effective and appropriate actions in the given situation. Electronic monitoring is a very modern yet simple solution that minimizes the use of direct coercive measures.

Electronic Monitoring System in Criminal Cases

The electronic monitoring system is predominantly used in criminal cases. It serves as an effective alternative to prison isolation. It can be effective not only as a sanction after a verdict is announced but also as a preventive measure used for individuals awaiting trial. Criminal cases do not always have to end in a way that excludes the accused from engaging in all social activities. Isolation is not always the best way to deal with offenders.

The application of electronic monitoring allows for real-time tracking of the convicted person's location. However, the system should also be configured to monitor whether the controlled person complies with time restrictions, such as the hours they should remain in a specific place. It is also possible to check their current activity – for example, whether they are moving too quickly (indicating an escape) or attempting to tamper with the monitoring device. This way, the convicted person monitors their behavior and does not violate the conditions of the sentence.