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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The Ministry of Justice and Security in the Netherlands is currently undertaking a policy exploration into the possibilities of electronic detention or electronic incarceration for detainees with a short (less than three months) prison sentence. Five policy makers from different teams within the so called ‘punishment and protection’ Department are executing this exploration. We started with the exploration after a report from The Council for the Administration of Criminal Justice and Protection of Juveniles. This is a Dutch independent body established by law. The Council’s conclusion in their report is that short prison detentions (shorter than three months) have little effect and are not very meaningful. In addition, short prison sentences can lead to detention damage (loss of a job, a house or stigmatization) and are not effective in reducing recidivism. The council advises a number of alternatives to short detentions. One of these is to introduce electronic detention as a punishment imposed by a judge. This would require a change in our laws. Adding the possibility of electronic detention gives the judge a wider range of possibilities. In doing so, the court can weigh the extent to which there is a risk of detention damage against the importance of retaliation and reparation. In this way, recidivism can possibly be prevented more effectively, and savings are also expected to be achieved in terms of the required detention capacity. Background According to current Dutch legislation electronic monitoring can be imposed as part of the conditions attached to probation or to a conditional sentence. It is then mainly used to monitor whether people do not violate an order to stay in a certain geographical area or a ban on entering a certain geographical area, but there is no possibility for a judge to impose electronic detention as the main sentence. On two previous occasions, the Dutch Ministry of Justice and Security came with a proposal to introduce a form of electronic detention. In 2007 a proposal was written, but was not submitted to parliament after it was received rather negatively by the various organizations that were consulted about the proposal. In 2014 another proposal was written. This one was submitted to parliament, but was rejected in the senate. An important reason why in both cases the proposal was not received favorably was that there was a feeling that electronic detention did not have a sufficiently punitive character.
In the Prison Service, electronic monitoring is regulated under art.86.4 of Penitentiary Regulation. It is a type of open regime.
Is it possible for a judge to impose electronic detention as a main punishment (e.g. instead of a prison sentence or fine)?In the penitentiary field, it is regulated as a modality of open regime and it is possible after the iniciation of the sentence execution.
Is electronic detention or electronic monitoring used for adolescents in your country?Adolescents are not under the Prison Service Jurisdiction.
What is the effect of electronic detention on the prison capacity in your country?During the covid pandemic, it had a great impact in the descend of the prison population.
How and at what stage are probation workers involved when a detainee is eligible for electronic detention?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.
Is it possible for a judge to impose electronic detention as a main punishment (e.g. instead of a prison sentence or fine)?Yes for sentences ranging between 20 days and 12 months.
Is electronic detention or electronic monitoring used for adolescents in your country?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.
What is the effect of electronic detention on the prison capacity in your country?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.
How and at what stage are probation workers involved when a detainee is eligible for electronic detention?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.
Is it possible for a judge to impose electronic detention as a main punishment (e.g. instead of a prison sentence or fine)?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).
Is electronic detention or electronic monitoring used for adolescents in your country?yes.
What is the effect of electronic detention on the prison capacity in your country?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.
How and at what stage are probation workers involved when a detainee is eligible for electronic detention?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.
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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.
Is it possible for a judge to impose electronic detention as a main punishment (e.g. instead of a prison sentence or fine)?The court may impose house arrest as the main penalty that is controlled using the electronic monitoring system.
Is electronic detention or electronic monitoring used for adolescents in your country?The house arrest can be imposed also to adolescents.
What is the effect of electronic detention on the prison capacity in your country?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.
How and at what stage are probation workers involved when a detainee is eligible for electronic detention?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.
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1.1 Total sentence of more than 3 years: External Legal Status Act Electronic surveillance, as a sentencing method, may be imposed by the sentencing court on a convicted person who is, with the exception of six months of the time stipulated for a conditional release , if there are no counter-indications on the part of the convicted person that cannot be met by imposing special conditions. These counter-indications relate to: - the absence of a perspective for social rehabilitation of the convicted person; - the risk of the commission of further serious criminal offences; - the risk that the convicted person may harass the victims; - the attitude of the convicted person towards the victims of the crimes resulting in his/her conviction; and - the efforts on the part of the convicted person to compensate the civil party, taking into account the financial situation of the convicted person as has been changed by him/her since the commission of the offences for which he/she was convicted. 1.2 Total sentence of 3 years or less: ministerial circular As a rule, convicted persons with a total sentence of 3 years or less with the exception of (i) convicted persons serving one or more sentences for terrorist offences (ii) convicted persons for whom one or more prison sentences are being executed and are exclusively placed at the disposal of the sentencing court (iii) convicted persons who are serving substitute prison terms for electronic surveillance as an autonomous sentencing) will now be put on a quasi-automatic suspension of sentence by the prison warden until the electronic surveillance is connected, provided the convicted person agrees to this method. In case of sexual offenders with a total sentence of more than 1 year, the decision is taken by the Detention Management Directorate and counter-indications are also examined.
Is it possible for a judge to impose electronic detention as a main punishment (e.g. instead of a prison sentence or fine)?If an offence is punishable by prison term not exceeding one year, the court may impose, as the main sentence, a sentence under electronic surveillance with the same term as it would otherwise impose as the prison sentence.
Is electronic detention or electronic monitoring used for adolescents in your country?The Flemish Decree on juvenile delinquency law provides for electronic surveillance as a method of sanctioning juvenile offenders. The Flemish Government is currently defining further rules for this electronic surveillance, as well as further rules for the guidance to be combined with electronic surveillance.
What is the effect of electronic detention on the prison capacity in your country?As of 29 June 2022, there are 11,104 detainees in Belgian prisons. 2,813 convicted persons also remain under electronic surveillance (as a sentencing method). Just as the use of electronic surveillance is growing, so is the prison population. Therefore, the growth in the volume of electronic surveillance imposed has not reduced pressure on prisons. As of September 2022, the legal provisions on custodial sentences totalling 3 years or less will enter into force and the total prison population will increase further.
How and at what stage are probation workers involved when a detainee is eligible for electronic detention?Judicial assistants may be involved in the imposting phase and in the examination of any special conditions that should be linked to electronic surveillance (as a sentencing method or as an autonomous sentence). In this context, they may be instructed to draw up a brief information report or to conduct a social survey into the living environment and conditions of the convicted persons concerned. Furthermore, judicial assistants monitor the implementation of electronic surveillance and compliance with the schedule and imposed conditions.