Electronic supervision is an increasingly used judgment. There are stationary, mobile and proximity surveillance. Stationary supervision allows you to control the stay of the convict at a specific time in a given place. Mobile surveillance allows you to control the current location of the convict, and proximity surveillance is used to control the prohibition of approaching specific persons.
Stationary electronic surveillance is one of the forms of imprisonment that allows the convicted person to serve the sentence in their own home, not in a prison. The convict is assumed to the “bracelet” that controls his behavior outside the prison. The convict may go to work, church, doctor, as well as for the necessary shopping, but only during the designated hours. Thanks to this form of imprisonment, the convict is not completely excluded from professional or private life. This solution is also less burdensome for the state budget.
Rationale
The application of electronic supervision is ruled by the penitentiary court at the request of the convicted person or at the request of his defense counsel, public prosecutor, court professional probation officer or director of the penitentiary institution. In order for supervision to be applied, the following conditions must be met:
- the sentenced person was sentenced to imprisonment not exceeding one year and 6 months of imprisonment, and the conditions provided for in Art. 64 § 2 of the Penal Code, i.e. multiple recidivism,
- it is sufficient to achieve the objectives of the punishment;
- the convicted person has a specific place of permanent residence;
- adults living together with the convicted person have agreed to serve the sentence under conditions of electronic supervision,
- technical conditions do not prevent serving a sentence of imprisonment in the electronic supervision system.
Moreover, security considerations and the degree of demoralization, as well as other special circumstances, cannot support the need to detain the convict in a prison.
The latest change – extension of the imprisonment sentence to 18 months
So far, the use of the electronic supervision system has been possible for convicts sentenced to imprisonment not exceeding 1 year. The extension of the possibility of applying supervision to persons sentenced to imprisonment up to 1 year and 6 months was introduced by the so-called special act, i.e. the Act of March 31, 2020. amending the act on special solutions related to the prevention, counteraction and combating of COVID-19, other infectious diseases and the crisis situations caused by them, and certain other acts. In this way, it was possible to serve a sentence of imprisonment under conditions of electronic supervision for a greater number of convicts, which is to ensure the reduction of the spread of the coronavirus in penitentiary establishments.
Responsibilities of the convict
The convicted person is obliged to:
- report to the supervising entity, within the time limit and in the manner specified by the court, readiness to install technical means,
- wear the transmitter at all times;
- take care of the technical measures entrusted to him, including in particular protecting them against loss, destruction, damage or rendering unusable, and ensure their constant power supply;
- provide the supervising entity with the entrusted technical means for inspection, repair or replacement at any request of this entity, including allowing the employees of this entity to enter the premises where the convict is staying, or to real estate owned or managed by it;
- provide the president of the court or an authorized judge, court professional probation officer, supervising entity and entity running the monitoring center with explanations regarding the course of serving the sentence and performance of the imposed duties, and appear at the summons of the judge and the probation officer;
- remain in the place indicated by the court at the appointed time;
- receive incoming calls to a landline recorder;
- allow the court professional probation officer to enter the apartment or property where the recorder is installed;
- at their request, provide authorized persons with explanations, also using a stationary recorder.
Lifting of supervision
Electronic supervision is an obvious convenience for the convict, therefore it is important that the convict complies with the obligations imposed on him and complies with the legal order. Otherwise, the court will revoke the permit to execute the penalty of deprivation of liberty under electronic supervision, which means for the convict to serve the rest of the sentence in a prison.
It should be remembered that in the event of revoking the authorization to serve a penalty in the electronic supervision system, it is not possible to apply for such authorization again. (on the same issue, of course).
Lawyer Aleksandra Tabędzka
Apl. lawyer Agnieszka Skoracka
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