WHAT IS THE ELECTRONIC SURVEILLANCE SYSTEM (SDE)?
WHAT IS THE ELECTRONIC SURVEILLANCE SYSTEM (SDE)?
Electronic supervision (colloquially ‘bracelet’) allows the convicted person to serve his sentence (including penal and protective measures) outside prison while remaining under the constant control of the authorities, using technical means. Fixed supervision consists of attaching a bracelet to the prisoner's leg and installing a special device at the place of residence which continuously reads the signal from the bracelet.
WHO CAN SERVE A SENTENCE UNDER THE ELECTRONIC SUPERVISION SYSTEM (SDE)?
The court may allow a convicted person to serve a sentence under the electronic supervision system if:
-the convicted person has been sentenced to a term of imprisonment not exceeding one year and 6 months or a custodial sentence of less than 3 years and who has a maximum of 6 months remaining to serve in prison, and the conditions provided for in Article 64 § 2, Article 64a or Article 65 § 1 and 2 of the Code of Criminal Procedure do not exist.
-there are no special reasons indicating that, if the sentence is served in the SDE, the objectives of the sentence will not be achieved;
-the convicted person has a specified place of residence;
-the adults living together with the convicted person have consented to the serving of the sentence in the SDE by the convicted person (but the court may grant permission despite the lack of such consent if the serving of the sentence clearly does not involve excessive difficulties for the adult living with the convicted person, and violates their privacy only to a minor extent)
-the serving of the sentence is not prevented by technical conditions indicated by the law.
If the convicted person has already started to serve the sentence in prison, the court may grant permission to serve the remaining part of the sentence in the SDE if the convicted person's attitude and behaviour so far support this.
If the convicted person has not yet started serving his sentence in prison, the court may grant permission to serve the sentence in the SDE if security considerations and the degree of demoralisation, as well as other special circumstances, do not support the need to incarcerate the convicted person in prison.
The provisions indicated shall also apply to a convicted person who has been imposed two or more non-cumulative custodial sentences to be served consecutively:
1) not exceeding a total of 1 year and 6 months,
2) the sum of which is less than 3 years and who has a portion of that sentence of not more than 6 months remaining to be served in prison
- and no sentence has been imposed for an offence committed under the conditions provided for in Article 64 § 2 or Article 64a of the Penal Code.
Moreover, the Penitentiary Commission may permit a convict to serve a sentence of imprisonment in the SDE if the convict has already started to serve a sentence in prison, but a sentence of imprisonment not exceeding 4 months has been imposed on the convict, and the convict's previous attitude and behaviour while serving a sentence of imprisonment support the granting of the permit. At the same time, the conditions mentioned in the above paragraph should be met.
There are three types of electronic supervision:
→ STATIONARY SURVEILLANCE consisting in the convicted person's staying at a place indicated by the court or the penitentiary commission at a certain time,
→ MOBILE SURVEILLANCE, consisting of monitoring the current whereabouts of the convicted person, regardless of where they are,
→ PROXIMITY SURVEILLANCE, i.e. the convicted person keeping a specified minimum distance from a person indicated by the court.
In the system of residential supervision, a sentence of imprisonment is served, while punitive and protective measures are carried out as proximity or mobile supervision.
CAN THE PRISONER MOVE AWAY FROM HOME?
The court or the penitentiary commission shall determine the intervals during which the convicted person may move away from the place of residence for a period not exceeding 12 hours, in particular in order to carry out work, to perform religious practices, to communicate with his attorney, to maintain ties with his family, or other circumstances indicated by law.
If you would like to make an application for an electronic surveillance sentence, please contact me on 722 751 747 or email kancelaria@ad-adwokat.pl.