Prison sentence under the electronic monitoring system (SDE) – what conditions must be met?

Our office is frequently contacted by individuals who, due to either some neglect, ineffective defense, or simply because they have committed a serious crime or a crime under recidivism conditions, have been sentenced to a prison term. In addition to the institution of postponing the execution of the sentence – which is discussed in more detail in another article of the office, and which can only serve as a way to delay the starting date of serving a prison sentence, it is always advisable to consider the possibility of applying for permission to serve the sentence in the electronic monitoring system, which allows the execution of the sentence in the comfort of one’s home, often with the possibility of going to work and engaging in other activities outside the home. Additionally, this procedure does not involve the obligation to pay court fees, unlike, for example, the aforementioned postponement procedure.

When can a prison sentence be served under the electronic monitoring system?

The optimal time to begin the procedure for obtaining permission to serve a prison sentence under the electronic monitoring system is immediately after the conviction becomes final, i.e., before the individual is taken into custody and then to a prison. It is also worth considering, in each case, the attempt to obtain a suspension of the execution of the sentence while the request for the monitoring system is being reviewed, which could prevent the convict from being incarcerated behind bars before the penitentiary court even considers the request for monitoring. This is crucial because after a final conviction, in practice, an individual can be detained at any time to serve the sentence. It is important to note that since January 1, 2023, convicts no longer receive a summons to appear at the detention facility, but are instead immediately detained by the Police. However, the procedure for obtaining permission to serve the sentence under the electronic monitoring system is highly formalized, and to obtain this permission, one must meet a number of conditions. Therefore, preparing the initial request to start the procedure requires meticulousness, experience, and expertise. The primary criterion for applying for such permission is the length of the prison sentence, which must not exceed 1 year and 6 months, regardless of the type of crime for which the individual has been convicted. A sentence of 1 year and 7 months or more unfortunately cannot be served under the electronic monitoring system. Interestingly, a person convicted under recidivism conditions can also apply for permission to serve their sentence under the monitoring system, but this privilege is not available to, among others, multiple recidivists or those acting within an organized criminal group. No less important, the person applying for monitoring must have a permanent place of residence, i.e., preferably a place of residence, their everyday life center. It should also be remembered that, as a rule, the request for monitoring must include a statement of consent to the monitoring, at the place of residence, obtained from every adult person with whom the individual resides (however, if any of the cohabitants does not give their consent, we can still apply for permission for monitoring without obtaining the consent of such an adult co-resident, though this requires appropriate action and justification). An essential requirement is also the fulfillment of technical conditions regarding the number and range of transmitters, etc., which are closely related to the place of residence (i.e., the place of monitoring) and largely beyond our control. The penitentiary court is responsible for verifying this matter, but it is important to note that failing to meet the technical requirements will result in the request for electronic monitoring being left without review – this is one of the reasons why applying for monitoring should be treated as the last resort, with the primary focus being on solid defense in the first and possibly second instance courts, i.e., before the final conviction occurs. Finally, it must be remembered that in order to grant permission for monitoring, the court must be convinced that there are no circumstances indicating that the use of monitoring will prevent the achievement of the aims of the sentence, and that security concerns, the degree of demoralization, and other special circumstances do not indicate the need for incarceration in a correctional facility. These issues should be thoroughly and accurately addressed in the request for monitoring, preferably with the inclusion of appropriate documentation, which would require, of course – to ensure the highest possible chances of success – the talent and creativity of the author of the request.

Can one apply for monitoring while already in prison? Can a person under monitoring work, study, and leave the permanent place of residence for other purposes?

As mentioned, the solution that ensures the highest possible psychological comfort for the convict, as well as the comfort of the lawyer preparing the request, is to initiate the procedure for obtaining permission for monitoring immediately after the conviction becomes final, as this action gives the greatest chance of ensuring that the individual sentenced to imprisonment will not end up behind bars at all, not even for a single day.  However, if the convict is detained to serve the sentence earlier or during the procedure of obtaining permission for monitoring (which is also possible, especially if the procedure for postponing the execution of the sentence or suspending the execution of the conviction has not been initiated simultaneously), they can still request permission to serve the remaining part of the sentence under the electronic monitoring system. In short – it is never too late to change the manner in which the sentence is served, but it is essential to initiate this procedure as soon as possible. As previously mentioned, while serving a sentence under the electronic monitoring system, one can go to work and leave the place of monitoring for various other reasons, but this can only occur with prior, detailed consent from the court. As the penitentiary code indicates, the penitentiary court sets the time ranges during the day and days of the week when the convict is allowed to leave the permanent place of residence (…) for a period of no more than 12 hours per day. Therefore, such needs of the convict should be outlined and justified in the request for monitoring, and then the court must be convinced that such exceptions from the principle of staying at home should be granted to the convict under the requested conditions. The procedure for obtaining permission to serve a sentence under the electronic monitoring system is, from the perspective of court fees and – subsequently – the costs of installing the electronic equipment, etc., entirely free of charge.

Therefore, the only potential expense will be the lawyer’s fee. As for the duration of the related court procedure, the legislator has stipulated that the court should issue a ruling within 30 days from the date the request is submitted, but this is merely an indicative deadline, meaning that it is often exceeded by the courts without practically any consequences. Therefore, the timing of preparations for the request and the pace of this process, which will be ensured by the selected lawyer (who, due to the seriousness of the situation, should act as quickly as possible, with the request for monitoring being treated as a priority), are also critical.

Finally, once we obtain permission to serve the sentence under the electronic monitoring system (SDE), after serving half of the sentence, we can request, according to general rules, conditional early release from the obligation to serve the remaining part of the sentence. This means that in some cases, we can not only obtain electronic monitoring instead of being behind bars, but we can also shorten the time spent under electronic monitoring significantly. SURÓWKA Law Firm also offers professional assistance to individuals at the stage of the so-called execution procedure.

So far, we have successfully completed a number of procedures related to obtaining permission to serve a sentence under the electronic monitoring system, and we are ready to provide an initial consultation in any case potentially related to this procedure, and then – if necessary – to take immediate action to ensure the highest possible chances of success in achieving the goal.

It is worth noting that legal services in the field of criminal law Krakow are not the only area of our specialization. As SURÓWKA Law Firm, we also specialize in the following areas:

• business law Krakow,
• divorce cases Cracow.

Read also:

• How much does it cost to hire a lawyer in a criminal or civil case?
• How to check if someone has been detained by the police?
• Postponement of the execution of the prison sentence