Placement under mobile electronic monitoring in France

The Placement under mobile electronic monitoring is a mode of execution of a sentence of emprisonment, or of an obligation imposed under the judicial control, which is likely to replace the enfermement. The principle consists in posing on the captive an inviolable electronic marking.

Several technologies are planned to obtain this result. Most known is a kind of watch bracelet which contains an electronic chip which can be located remotely by the police or penitentiary authorities. Another approach would be the insertion of an electronic chip under the skin of condemned.

The associated technological stakes are relatively clear even if their solution is not currently confirmed:

inviolability: the bracelet should not be able to be easily withdrawn or decontaminated.
detectability: the chip must be able to be easily detected by the authorities even since a long distance.
reliability: like any electronic system, the breakdown is not excluded; but its consequences undoubtedly would be badly perceived by the public.
respect of the private life: condemned must see their limited movements, to be able to be found in the event of escape; but that should not be an intrusion in the daily details of the private life of the individual.

Placement under electronic monitoring in French right

It is about a measurement either of Judicial control or of installation of sorrow comprising an electronic system of remote control of the presence or absence of a person on a place where she was assigned by decision of the courts.

Which is the competent authority for a placement under electronic monitoring?

The placement under electronic monitoring can be ordered:

is by the Examining magistrate or the Juge of freedoms and detention (JFD) within the framework of a judicial control with regard to a person put in examination;
is by the Juge of the application of the sorrows (JAP) with regard to a person condemned to a sentence of emprisonment.

The placement under electronic monitoring belongs to measurements that the director of the Penitentiary service of Insertion and Probation (SPIP) can propose with the JAP within the framework of the new procedure of installation of the sorrows instituted by the law of March 9th 2004, said " law Perben ". Since January 1st 2005, the jurisdiction of judgment can pronounce a measurement of placement under electronic monitoring as of the audience of judgment. This measurement can be together with provisional Exécution.

Who can be the subject of a placement under electronic monitoring?

Are likely to be the subject of such a measurement:

the people put in examination;
people condemned to one or more sentences of emprisonment of which the duration does not exceed a year or the people condemned with a remainder of sorrow lower or equal to one year; but which purges their sorrow apart from the prison medium.
the people who purged their sorrow, but are the subject of a socio-legal follow-up or a prohibition of stay (since a decree of the 1 âout 2007)

Which are the material conditions having to be filled?

to have a fixed residence or a stable lodging (at least throughout placement under electronic monitoring);
to have a telephone line fixes without any addition (Internet, responder…) ;
if it is necessary, to have an attesting doctor's certificate of the compatibility of the health condition of the profit person with the port of the electronic bracelet;
to obtain the agreement of the Master of the places (owner or tenant in title) of assignment if it is not the residence of the person placed under electronic monitoring and except if it acts of a public place.

These elements, in addition to the availability of the technical device and the checking of the marital status, material and social of condemned, are collected during a preliminary investigation of feasibility diligentée by SPIP.

How does the device function?

The assigned person carries to the wrist or with ankle a bracelet comprising a transmitter. This transmitter transmits frequent signals to a receiver, which is placed in the place of assignment. This receiver sends to a station control room various information (messages relating to the operation of the device and the presence of the person placed in the place of assignment).

In the event of violation of its obligations by the assigned person (non-observance of the hours of assignment, attempt at removal of the bracelet…), the system informs the station control room by an alarm.

Which is the procedure of granting?

Apart from the case of the decision of the jurisdiction of judgment, the decision of placement under electronic monitoring intervenes:

either on decision of the Examining magistrate after a interrogation in the presence of the lawyer, or on decision of the Judge of freedoms and detention after debate. The examining magistrate or the judge of freedoms and detention does not inform the person put in examination but if it would not respect the obligations of the placement under electronic monitoring, in which case it could be placed in detention pending trial. The person put in examination placed under electronic monitoring is registered in a special personal register held by the prison authorities;
is on decision of JAP, with or without debate according to whether the public prosecutor refuses or accepts measurement.

Before being placed under electronic monitoring, the person concerned must give her agreement in the presence of her lawyer. Since January 1st, 2005, the presence of lawyer is optional.

Which are the obligations of a person placed under electronic monitoring?

The placement under electronic monitoring carries, for placed, prohibition to go away from its residence or any other place indicated by the legal authority apart from the periods fixed by this one. The periods and the places are fixed by holding account:

of the exercise of an community activity by placed;
owing to the fact that it follows a teaching or a formation, carries out a training course or occupies a part-time job for its social integration;
of its participation in the family life;
of the regulation of a medical care.

The placement under electronic monitoring also comprises obligation to answer the convocations of any public authority indicated by the Juge. The condemned allowed one for the benefit of the placement under electronic monitoring can also be measured envisaged by articles 132-43 to 132-46 of the penal code. Condemned placed under electronic monitoring remains registers with the register of nut and can profit from the credit of Reduced sentence and the additional reduced sentences.

For condemned, which is the JAP territorialement qualified to ensure the follow-up of measurement and, if necessary, to pronounce its revocation?

When a measurement of placement under electronic monitoring was granted, the Juge of the application of the sorrows (JAP) territorialement qualified is that of the jurisdiction in the spring of which is the place of assignment of condemned fixed by the decision having granted measurement.

What does it do without in the event of non-observance measurement?

being a defendant, the judge of freedoms and detention can place it in detention pending trial;
being one condemned, the JAP can pronounce the suspension of measurement. In this case, it must hold the debate within fifteen day following the imprisonment of condemned which results from this suspension, in the absence of what the person is replaced under electronic monitoring if she is not held for another cause;
the JAP can also withdraw the decision of placement under electronic monitoring, either in the event of non-observance of prohibitions or obligations envisaged in articles 132-26-2 and 132-26-3 of the penal code, notorious misconduct, non-observance of the measurements pronounced pursuant to article 723-10 of the CP, a new judgment or refusal by condemned of a modification necessary of the conditions for implementation, or at the request of condemned. The decision is made after debate.

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