An application for electronic monitoring is a document that often initiates the procedure for serving a prison sentence outside a correctional facility under the supervision of the Electronic Monitoring System. However, merely submitting the document does not guarantee automatic approval. The statutory conditions, the jurisdiction of the authority, the completeness of attachments, and the justification demonstrating that the objectives of the sentence can be achieved without the need for penitentiary isolation are of crucial importance.
Permission to serve a sentence under the electronic monitoring system can be obtained, among other conditions, when the imposed prison sentence does not exceed one year and six months. The regulations also allow this for individuals sentenced to less than three years if they have no more than six months left to serve in a correctional facility and no statutory exclusions apply. The convicted person must have a designated permanent place of residence, and the technical conditions of this location must allow for monitoring. The court also examines the objectives of the sentence, the applicant's life situation, and if the sentence is already being served, their past conduct and behavior are also assessed.
The issue of court jurisdiction is of crucial practical importance. The competent authority to consider the case is the penitentiary court—specifically, the district court in whose jurisdiction the convicted person currently resides. Therefore, it may not always be the same court that issued the initial sentence. If the convicted person resides in Gdańsk, the District Court in Gdańsk will generally be competent. In enforcement proceedings, the assistance of a law firm handling criminal cases in Gdańsk can be beneficial, especially in precisely determining the competent authority and preparing the argumentation.
However, not in every case will the application go to the penitentiary court. If the convicted person has already begun serving their sentence in a correctional facility, the imposed sentence does not exceed four months, and all other formal requirements are met, the penitentiary commission operating in the given correctional facility has the competence to grant permission. However, if at the time of submitting the document the convicted person is still at liberty, the penitentiary court remains competent. Correctly distinguishing between these two procedures is crucial, as directing the application to the incorrect authority unnecessarily prolongs the entire proceeding.
The right to submit an application to the penitentiary court is not limited to the convicted person. The document can also be submitted by their defense counsel, prosecutor, professional probation officer, and the director of the correctional facility. The application is submitted in writing along with a justification indicating the fulfillment of statutory conditions. When the document is submitted by the convicted person, their defense counsel, prosecutor, or probation officer, it is mandatory to include written consent from all adult persons residing with the convicted person. The application is exempt from court fees.
The application is submitted in written form with a justification. A complete set of required documents must be attached to the document. The list of attachments typically includes:
Not all listed documents are mandatory in every case—their primary purpose is to substantiate the circumstances raised in the justification. The technical conditions of EMS are directly verified by the supervising entity commissioned by the court, so the convicted person does not need to independently obtain separate technical certifications for their residence.
The justification cannot be limited to the mere desire to avoid incarceration. It must detail the circumstances proving that serving the sentence under the EMS system is sufficient to achieve its objectives. Important arguments include: stable employment, continuation of education, necessity of medical treatment, caregiving responsibilities for a child or other family member, as well as a stable lifestyle and exemplary behavior following the verdict. When preparing an electronic monitoring application – Gdańsk, it is advisable to link significant circumstances with specific documents and propose a realistic schedule consistent with the convicted person's obligations.
Upon receiving the application, the court examines the formal prerequisites and instructs the supervising entity to verify the technical conditions at the place where the sentence is to be served. If the convicted person is already in a correctional facility, the hearing takes place on the premises with the participation of a representative of the penal-administrative administration and the prosecutor, whose presence is then mandatory. Before issuing a decision, the court hears the convicted person or their defense counsel. According to regulations, the decision should be made within 30 days from the date of receipt of the application. The proceedings are free of charge.
In the decision granting the application, the court specifies the place and manner of serving the sentence, indicates the type of technical measures to be installed, and sets the deadline and manner for reporting readiness for device installation. The established schedule may include time for necessary activities outside the residence—such as work, education, medical treatment, caregiving, or shopping. The rules of the system and legal bases are discussed in more detail in the material electronic monitoring – regulations. After commencing the sentence under EMS, the convicted person is strictly obliged to adhere to the designated time frames and imposed obligations.
An appeal can be filed against the decision denying permission. The appeal can be submitted by the convicted person, their defense counsel, or another entity that filed the application. The appeal should precisely address the specific reasons for denial presented by the court, rather than merely reiterating previous arguments. It is advisable to conduct a detailed analysis of the written justification, supplement the evidence, and address the court's concerns regarding the objectives of the sentence or the life situation. It should be noted that a subsequent application submitted by the convicted person or their defense counsel in the same matter within three months of the issuance of the denial decision will not be considered.
Proper preparation of an electronic monitoring application requires determining the competent authority, convincingly demonstrating the legal prerequisites, and gathering documents that confirm the convicted person's life situation. The consents of co-residents, a well-thought-out daily schedule, and a coherent justification are of key importance. If you wish to assess your chances of serving a sentence under the EMS system or need assistance in drafting procedural documents, contact the Law Firm Haber & Haber to analyze your case.
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