“Electronic Monitoring ” as a Jail Alternative In Colorado
Electronic Monitoring is a form of alternative sentencing that uses an electronic device or tracker to supervise an offender in Colorado. It allows a person to remain free of jail in return for wearing an electronic monitoring device, in accordance with the rules set forth by the court.
In this article, our Colorado criminal defense lawyers will address the following key topics:
Electronic monitoring devices vary widely, but a few common types are frequently used in Colorado courts.
1. Electronic Monitoring
Electronic Monitoring is a form of alternative sentencing that uses an electronic device or tracker to supervise an offender in Colorado. It allows you to:
remain free of prison
in return for wearing an electronic monitoring device
so long as you follow the rules set forth by the court. 1
Being on an electronic monitoring program allows you to:
stay out of jail or prison;
work at your job;
attend school;
take care of your family;
attend and participate in alcohol / drug classes, community service, and counseling appointments;
go to medical appointments;
participate in any other activity approved by the court.
During that time, and within the restrictions set by the court, you will wear some form of electronic device that will track your movement or some other aspect of your person.
2. Types of Devices
There are many different types of electronic monitoring devices, but the following are some of the most common:
radio frequency (RF) monitoring transmitters, connected with a landline or cellular base station;
electronic pagers paired with an automatic number identifier (ANI); and
curfew checks using a random call generation program.
GPS Tracking Device
A GPS tracking device is placed on the offender, usually around the ankle (“ankle monitor”) to detect where and when a person travels.
Using a combination of GPS and wireless internet technologies, these devices:
transmit data on a 24-hour basis;
allows monitoring of specific inclusion and exclusion zones; and
It can map and track a person’s location and their past movements.
These devices are commonly used to enforce restrictions based on “territory,” meaning where a person can or cannot go. They can be exact, so it is essential to know where you are allowed to be, and more importantly, where you are not allowed to be.
Alcohol Monitoring Device
An alcohol monitoring device is used to detect whether a person has consumed alcohol. These are typically placed on an offender when:
he or she has committed an offense in which alcohol was involved (for example, DUI);
he or she is forbidden from consuming alcohol while under supervision;
the court wishes to ensure that any alcohol consumption is immediately caught; or
the court wants to help a person addicted to alcohol not to drink by providing a deterrent.
The SCRAM device (Secure Continuous Remote Alcohol Monitor) can detect the concentration of alcohol in your blood through your skin (transdermally). It doesn’t track your location, unlike a GPS monitor.
If a person consumes alcohol, the device will notify the monitoring agency, which will then notify the court.
Multiple Devices
Sometimes courts will require multiple kinds of devices. That can be expensive, so courts tend to avoid placing multiple devices on offenders; however, if a court wants to ensure that a person avoids a particular area and refrains from drinking, both devices may be installed on an offender.
3. Types of Restrictions
While on supervision with a device, you may be restricted from:
drinking any alcohol;
consuming illegal drugs or prescription drugs (except those prescriptions from a doctor and approved by the court); and/or — among other restrictions —
socializing or otherwise communicating with a certain individual or individuals (for example, protective orders).
You may also be required to:
be home at a certain hour (curfew);
follow restrictions about where you may travel (for example, work, school, family, etc.); and/or — among other requirements —
check in with your probation department.2
These are not the only types of restrictions or requirements that may be imposed on an offender. A court is given a great deal of discretion in creating terms and conditions during the probation period.
Penalties for Violating Restrictions
The device’s primary function is to detect violations of the restrictions imposed by the court in exchange for avoiding incarceration. Courts take violations very seriously, and you could face:
You may also have your entire probation revoked, which will likely result in your imprisonment. A revocation hearing will be held terminating your probation.3
In addition to any penalties listed above, a court is less likely to grant you a time-out from prison in the future. The court may decide that you are not trustworthy enough for supervision rather than time behind bars.
4. Requesting Electronic Monitoring
Electronic monitoring is imposed at the court’s discretion. However, with the help of an experienced attorney, you can request monitoring in place of incarceration as a part of:
With a proper request, courts are more likely to allow electronic monitoring, possibly keeping you from spending time in jail or prison.
5. Who pays?
In Colorado, the offender must pay for the costs of electronic monitoring in most cases. If an offender is gainfully employed and their income (excluding necessary expenses) is sufficient, the costs of electronic monitoring will be taxed to the offender during supervision.4
Electronic monitoring can be expensive. But it is almost certainly less than the cost of not working due to incarceration. If you have questions or concerns about the costs or if you are unable to pay, your attorney can help you work with the court to address your financial problems.
Don’t assume you have to do time just because you may have trouble paying for electronic monitoring.
Additional Reading
For more in-depth information, refer to these scholarly articles:
In this article, our Colorado criminal defense lawyers will address the following key topics:
