Effective aftercare following a final conviction is at least as important as the best possible defense during the preliminary or main proceedings. In the event that an unconditional custodial sentence has been imposed or even for the duration of pre-trial detention, since September 1, 2010 there has been the possibility of imprisonment in the form of electronically monitored house arrest ("ankle bracelet"). I have summarized more details on this in the following article.
When is electronically monitored house arrest ("ankle bracelet") possible?
In order for the application for electronically monitored house arrest to be approved, it is necessary that the
- (remaining) sentence does not exceed twelve months; and
- suitable domestic accommodation;
- suitable employment;
- sufficient income to cover living expenses;
- health and accident insurance cover; and
- the written consent of persons living in the same household
can be presented and there is no risk of abuse of the electronically monitored house arrest (Section 156 c (1) StVG). In addition to gainful employment, training, childcare, community service or a comparable activity serving the purpose of reintegration is also considered proof of employment.
For sex offenders, however, there are further criteria that are necessary for the approval of electronically monitored house arrest. For example, they must have served half of their prison sentence, but at least three months, before electronically monitored house arrest can even be considered. In addition, in the case of a conviction for a sexual offence or a sexually motivated violent offence, there must be a qualified favorable prognosis that justifies the assumption that the convicted person will not abuse the electronically monitored house arrest. (Section 156 c (1 a) StVG).
Where should the application be submitted and who decides on it?
As electronically monitored house arrest is not a new "type of punishment", but rather a special form of imprisonment, the head of the competent prison decides on this. For this reason, the application must also be submitted to the respective competent and accommodating prison.
Due to the strict decision-making practice, the application should only be submitted once all conditions have been met and all documents and certificates have been submitted in full. The application for an ankle bracelet can be submitted both before the start of the sentence and during the execution of the sentence.
Is the start of the sentence suspended until the decision?
Yes, the execution of the sentence is suspended until the legally binding decision on the granting of electronically monitored house arrest (Section 156 d (4) StVG). This means that the application is also a reason for postponing the execution of the sentence, which effectively delays the start of the sentence. Depending on the federal state and prison, the decision on the granting of electronically monitored house arrest can take several (many) months.
Is there a charge for electronically monitored house arrest?
Yes, the applicant has to pay a contribution of (currently) EUR 22 per day for electronically monitored house arrest; this is due in particular to the close supervision and monitoring of this special form of detention.
Under certain conditions, no contribution to costs is required. No costs are to be reimbursed for electronically monitored house arrest instead of pre-trial detention.
How does the practical process work once the "anklet" has been approved?
A base station is installed in the person's accommodation to transmit the transmitter's radio signals and to make control calls. It is also possible in individual cases for the person being monitored to be asked to take a breath analysis at the base station and for an alcohol test to be carried out in this way without major effort.
The person to be monitored wears a radio transmitter around their ankle, which is connected to the base station within range; only the times they are present and absent from the accommodation are monitored. Permanent monitoring only takes place in exceptional cases. The recordings are used to record the specific times and locations of the day, in particular the permitted periods of absence from the accommodation, in an individual monitoring profile. The system is monitored at a monitoring center in Vienna.
Is it advisable to seek advice from a lawyer?
In view of the strict case law on the approval of electronically monitored house arrest, the large number of forms and documents required for this and the experience required for the application and approval process, it is advisable to seek advice from a lawyer before submitting an application.
As an experienced lawyer specializing exclusively in criminal law, I am happy to be there for you!