In the Prison Service, electronic monitoring is regulated under art.86.4 of Penitentiary Regulation. It is a type of open regime.

In the penitentiary field, it is regulated as a modality of open regime and it is possible after the iniciation of the sentence execution.

Adolescents are not under the Prison Service Jurisdiction.

During the covid pandemic, it had a great impact in the descend of the prison population.

They are the ones in charge of its control.

a. there is no reason to fear that the convicted person will flee or commit other offences; b. if the sentenced person has a fixed home residence address c. the sentenced person is engaged in a regular occupation, whether it be in education/school or in another private or professional regular occupation, for at least 20 hours per week ; or if he/she can be incited to do this d. if the adult members of the household have a fixed place to live d. if the adult persons living in the same household as the convicted person give their written consent, and e. if the sentenced person approves the enforcement plan drawn up for him or her.

Yes for sentences ranging between 20 days and 12 months.

Juvenile criminal law allows for the use of electronic monitoring in the following areas: a. During criminal investigations, the Juvenile Prosecutor's Office can order EM to monitor substitute measures instead of pre-trial detention. b. The Office of the Juvenile Prosecutor also uses EM to monitor contact and/or geographical rayon bans. In this case, it is a protective measure under juvenile criminal law. The Office of the Juvenile Prosecutor can order a contact ban and/or exclusion order both as a precautionary measure and after completion of the criminal investigation, i.e. during enforcement.

Ther are between 300 and 500 cases yearly of electronic montoring currently in Switzerland. We cannot estimate the real influence of this on the prison capacity.

Before: on touch with procurers office to estimate feasibility of the electronic monitoring sentence. During: constantly: probation workers are a part of all the cantonal EM monitoring offices. At the end of the sentence for discussion and followup.

The purpose for the use of Electronic monitoring EM is to enhance the convicted persons opportunities and abilities to maintain and preserve his economic and social commitments and obligations which can increase a positive progression in the execution of a unconditional prison sentence and reduce the risk of reoffending. The facts from 2021 in Norway is now risen to more than 3500 cases EM. Number of breaches are low 4,4 %. We believe that breaches must be reacted on very quickly, in worst cases or repetitive breaches there must be a transfer to prison for the rest-execution time. Selection of certain crimes which are not allowed for EM has been politically clarified, Sexual abuse, severe violence, etc. Statistics on recidivism tell that EM does not give higher but truly lower risk of reoffending, ref a recent published article in The European Journal of Criminology: "Better out than in? The effect on recidivism of replacing incarceration with electronic monitoring in Norway". By Synøve N. Andersen and Kjell Telle.

No. Electronic Monitoring is a decision taken by the Correctional service, similar to other types of execution of sentences. This is comparable to other types/alternatives given the correctional service how to execute sentences sent us from the courts - for instance transfer from closed prison conditions to open prisons, halfway houses or conditional release. An unconditional prison sentence between 15 days and 6 months imposed by the court, can be executed in society, controlled and followed up by the probation service (integrated in the correctional service).

yes.

The number of people given EM is rising to aprx 3500 a year. The effect for prison capacity is decreasing, but the average length of prison sentences have risen the last years. The total number of convicted persons with unconditional sentences has decreased the last years, while the number of sentences executed in society has increaced. Now the amount of unconditional cases is 41% and the society executions are 59 %. In 2010 the numbers were 65 % and 35% for prison verses society- executions of sentences.

Probation service is in charge of all parts of EM from the arrival of application and consent from the criminal, the judgement and decision taken to allow EM, and the execution-period, including control as well as motivational/ social work from the probation personel.

In Slovakia, the electronic monitoring / electronic detention is not a separate punishment. The court may use the electronic monitoring only to support the house arrest or to control during serving another non-custodial sentence. The sentence of house arrest, which is controlled using electronic monitoring, can be imposed by the court for up to four years on the offender (it is not a claim of the prisoner) if a) in view of the nature of the offence, the person and circumstances of the offender, the imposition of this penalty is sufficient, b) the offender has given a written promise to be present in the dwelling at the specified address at the specified time and to provide the necessary assistance in carrying out the control, c) the conditions for carrying out controls by technical means are met. It is important to note (in the context of the below questions) that the execution of the house arrest is not ensured by the prison service but by the probation and mediation officers.

The court may impose house arrest as the main penalty that is controlled using the electronic monitoring system.

The house arrest can be imposed also to adolescents.

There is no demonstrable (measurable) evidence on the impact of the introduction of house arrest on the prison population. However, in terms of overall numbers, it can be stated that the penalty of house arrest is imposed in a minimal number of cases – according to the statistical yearbook of the Ministry of Justice of the Slovak Republic, for example in 2020 it was imposed on 64 prisoners, unconditional prison sentence in the same period was imposed to 5410 prisoners.

Before sentencing, the court entrusts the probation and mediation officer with a so-called preliminary investigation – checking the technical conditions for the implementation of electronic control.