When people get into legal trouble and face criminal charges, they do not always go to jail. Government authorities often look to sentencing alternatives that can deliver punishments while avoiding prison overcrowding. Electronic monitoring is somewhat common in Pennsylvania, and it may apply in various criminal cases.
Electronic monitoring involves using electronic devices to track the locations and movements of those convicted of certain crimes. This is a common penalty for those confined to house arrest or convicted defendants released on probation or parole. The court usually imposes specific terms and conditions on the convicted defendant, including travel restrictions. If the convicted defendant leaves a designated area, the electronic monitoring device, such as an ankle bracelet, will alert the authorities, who may then make an arrest.
Contact our Philadelphia, PA criminal defense attorneys for a free, private legal review of your case by calling Kenny, Burns & McGill at (215) 423-5500.
When is Electronic Monitoring Employed in Pennsylvania?
Electronic monitoring is not used in every criminal case. It often comes up when a defendant is serving a sentence outside of jail or prison, such as parole or probation. If you are unsure how electronic monitoring works in your specific situation, ask your lawyer for help.
House Arrest
Many people serve terms of house arrest while under electronic home monitoring (EHM). This is an alternative to incarceration that allows a defendant to serve their sentence from home rather than jail. County probation officials manage EHM, so you should contact the probation office in your county about EHM.
The defendant is under very strict travel restrictions, and EHM helps enforce these restrictions. A person may leave their home only under very specific conditions. For example, you may be allowed to leave your home for work or to run essential errands, but nothing more. There may even be a designated time you can leave and a route you must take.
If you leave your home when you are not supposed to, or you fail to return home after leaving for work, the electronic monitoring device – likely an ankle monitor – will alert the authorities.
Probation and Parole
Electronic monitoring is also frequently used in probation and parole cases. A convicted defendant may be released from jail or prison on parole. However, they are not home free just yet. While on parole, defendants usually must abide by certain restrictions, including travel restrictions. This often means an electronic ankle monitor, or a similar device, will be equipped.
Defendants sentenced to a term of probation may face similar restrictions. Remember, probation and parole might not include house arrest. Some defendants are free to leave their homes, but they must avoid certain areas or abide by strict curfews.
Alcohol Monitoring
Not all electronic monitoring devices track a person’s location. People convicted of certain alcohol-related offenses, such as DUIs, may be required to wear alcohol monitoring devices.
These devices are called Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelets. They are constantly, passively testing for alcohol in the wearer’s system. If the device detects alcohol, the authorities will be immediately notified.
How is Electronic Monitoring Used in Pennsylvania?
Electronic monitoring may be used for various reasons, but they are almost always used in criminal cases as an alternative to incarceration.
Location Tracking
One of the most predominant reasons for electronic monitoring is location tracking. When a criminal defendant is sentenced to house arrest, probation, or released on parole, they are often equipped with electronic monitoring devices that track their whereabouts using GPS.
The purpose of location tracking or GPS monitoring is often to enforce travel restrictions. A person on house arrest may not leave their home, barring special circumstances, and electronic monitoring devices help enforce these restrictions.
Alternative to Incarceration
Electronic monitoring often serves as an alternative to incarceration. Keeping every convicted defendant behind bars can be expensive, and overcrowding in jails and prisons is a serious problem across the country. Electronic monitoring allows the authorities to restrict the movements of convicted defendants while keeping them out of jail or prison.
Our Bucks County, PA criminal defense attorneys may be able to help you avoid time in jail or prison if electronic monitoring is available.
Supervision and Accountability
Electronic monitoring helps keep defendants accountable for their actions and allows greater supervision. If someone with an electronic monitoring device leaves the state or violates the travel restrictions imposed as part of their sentence, the authorities will know almost immediately.
It is also harder for defendants to escape accountability for their actions when the authorities know exactly where they are at all times.
Who Pays for Electronic Monitoring in Pennsylvania?
Electronic monitoring is not free. There is a cost associated with it, and someone must foot the bill.
Who is Responsible for the Costs of Electronic Monitoring?
Unfortunately, defendants who are ordered to submit to electronic monitoring are usually responsible for paying the costs. Exactly how much you pay and how you must make payments will vary by county. If you are worried about affording electronic monitoring, talk to your lawyer about what to do.
Costs of Electronic Monitoring
The costs of electronic monitoring may depend on what kind of monitoring you are ordered to have, the duration of your probation, and various other factors unique to your case. Some counties require upfront payments from defendants, while others charge a monthly fee, and defendants pay it like any other monthly bill.
For example, Allegheny County assesses costs according to a fee schedule. If you are sentenced to electronic monitoring by a Common Pleas Court Judge or Magisterial District Judge, you must first pay a $100 installation fee. After that, costs are assessed per day and are based on the defendant’s gross income. The highest level – those earning at least $50,000 per year, must pay $25 per day.
What Happens if I Fail to Pay for Electronic Monitoring?
Failing to pay for electronic monitoring may be a serious violation. It is not just a missed bill, it is a violation of a court order. Defendants who fail to pay or refuse to pay may be arrested, and their probation terms may be adjusted or revoked in full.
FAQs About Electronic Monitoring in Pennsylvania
What is Electronic Monitoring?
Electronic monitoring is often used for defendants as an alternative to incarceration. Many forms of electronic monitoring track the defendant’s location, helping the authorities to enforce travel restrictions. Other forms of monitoring, like SCRAM bracelets, track alcohol consumption and are often used for defendants convicted of alcohol-related crimes, like DUIs.
How is Electronic Monitoring Used in Pennsylvania?
Electronic monitoring is used in Pennsylvania to keep defendants out of jail or prison while keeping them accountable for their behavior. It is often used in cases where defendants are convicted of less severe crimes. Those convicted of serious or felonies are often not eligible for incarceration alternatives. Defendants on house arrest may be placed in an electronic home monitoring (EHM) program managed by the county probation department.
Is Tampering with an Electronic Monitoring Device a Crime?
Yes. If a defendant tries to remove their electronic monitoring device or tamper with it in any way, they may be arrested and charged. Most devices have a failsafe that alerts the authorities if the device is removed, damaged, or destroyed.
When is Electronic Monitoring Typically Used?
Electronic monitoring is typically used for those on probation or parole. It is also very common, if not required, in cases where a defendant is placed under house arrest with an EHM device. Electronic monitoring often uses GPS technology to track a person’s location.
How Long Do I Have to Wear an Electronic Monitoring Device?
How long a person must be monitored depends on the terms of their probation or parole. Some might have to use an electronic monitoring device for a few months, while others might have the device for longer. Exactly where a person can and cannot go while wearing the device also depends on the court-imposed terms and restrictions.
Contact Our Pennsylvania Criminal Defense Lawyers for Help Now
Contact our Ardmore, PA criminal defense attorneys for a free, private legal review of your case by calling Kenny, Burns & McGill at (215) 423-5500.
