You can expect approval to serve your sentence under the electronic monitoring system (SDE) if you meet specific legal conditions and convince the penitentiary court that this method of serving the sentence is sufficient to achieve its goals. To apply for permission to serve your sentence in this manner, the prison sentence must not exceed 1 year and 6 months (Article 43la of the Executive Penal Code). Additionally, the place where you wish to serve the sentence (e.g., your home) must have the technical capabilities to install the electronic monitoring system. During the application process, the system’s technical operator confirms whether the installation and operation of the devices are feasible. Furthermore, all adult residents of the premises where you intend to serve the sentence must provide written consent. Next, the court assesses whether serving the sentence under SDE will be sufficient to achieve its goals, i.e., whether incarceration in a penal institution is necessary in your case. The court considers personal circumstances such as employment, family care, health, and the convicted person’s prior conduct, including compliance with the law.
The procedure begins with submitting an application to the penitentiary court responsible for the place of sentence execution. In addition to formal elements, the application should include a justification to convince the penitentiary court to grant permission to serve the sentence under SDE. The court may request an opinion from a probation officer or the penal institution where you are serving your sentence. The court considers the application during a hearing. The presence of a defense attorney is not mandatory but can help answer the court’s questions and present arguments in your favor.
If you have complied with the law thus far, you have a chance for a favorable decision. If you were convicted of a less serious offense or your offense does not pose a threat to others, your chances of SDE approval are higher. The court will consider whether your presence at home is essential, e.g., due to childcare or dependent care. The court evaluates whether SDE will meet the rehabilitative and resocialization goals of the sentence.
In summary, if you meet the above conditions, provide a strong justification, and the court finds that SDE is sufficient for serving the sentence, you have a good chance of a positive decision.