Electronic monitoring is a modern system for serving a prison sentence outside of prison. A transmitter installed on the leg or wrist is used to monitor the execution of the sentence and record its entire course, while a monitoring device will be installed at the place where the sentence is served. These devices will specifically monitor whether the inmate is staying at the court-designated place for serving the sentence during the hours specified by the court. In the event of absence, tardiness, or other violation of the court-mandated daily schedule, the monitoring device immediately sends information to the Monitoring Center, which accurately records the entire sentence and all incidents, particularly violations of the terms of serving the sentence determined by the penitentiary court.

A transmitter installed on the leg or wrist is used to monitor the execution of the sentence and record the entire course of its execution, and the monitoring device will be installed at the place where the sentence is served.

Initially, in accordance with the wording of the Act of 1 July 2015 on the execution of a prison sentence outside a prison under the electronic monitoring system, electronic monitoring was a form of serving a restriction of liberty sentence, however, on 15 July 2016 an amendment to the Act, including the Executive Penal Code, entered into force and it again became a form of serving a prison sentence, not a restriction of liberty.

Technical devices

• The transmitter, which looks like a watch, is attached above the ankle unless medically contraindicated. It can also be worn on the wrist. The transmitter continuously transmits signals to identify whether the inmate is in the place where they are serving their sentence.
• The monitoring device is located in the inmate's home or other place where the sentence is served and requires a constant electrical power supply. It receives messages from the transmitter and communicates with the Monitoring Center via the cellular network. If the transmitter or monitoring device is damaged, or if the inmate attempts to damage or dismantle it, the Monitoring Center will be immediately notified.
• The monitoring centre is a computer centre equipped with tools for processing personal data in order to record, collect, reproduce, store, secure and transmit to authorised bodies information relating to the convict's compliance with the obligation imposed on him by the court to remain at the monitoring site, as well as the obligation to refrain from staying in certain places or the prohibition to approach a specific person.
• The IT system is a set of computer terminals connected to the monitoring centre, through which the entity operating the monitoring centre, the supervising entity, courts, professional probation officers and other authorized entities process information related to the organization and control of the execution of penalties in the electronic supervision system.

Regulation of the Minister of Justice – specifies detailed technical conditions and functional requirements that should be met by technical means used to perform electronic supervision, as well as the manner of functioning of the communication and monitoring system, including the method of transmitting data within this system.

The condition for granting permission to serve a prison sentence under the electronic monitoring system is the imposition of a prison sentence not exceeding one year.

Conditions for granting permission to serve a prison sentence under electronic monitoring

1. The convicted person was sentenced to a term of imprisonment not exceeding one year, and the conditions provided for in Article 64 § 2 of the Penal Code (so-called multiple recidivism) are not met,
2. This is sufficient to achieve the purposes of punishment,
3. The convicted person has a specific place of permanent residence,
4. Adults living together with the convicted person have expressed their consent as referred to in Article 43h § 3 (concerning the written consent of adults living together with the convicted person)
5. Serving a prison sentence under electronic monitoring is not prevented by the technical conditions referred to in Article 43h § 1 (these are technical conditions including, in particular, the number and range of available transmitters and recorders and the organisational possibilities of their operation)

The above conditions must be met cumulatively.

A convict who has not started serving his sentence in a penal institution may be granted permission to serve his sentence of imprisonment under electronic monitoring if security reasons and the degree of demoralization, as well as other special circumstances, do not justify the need to place the convict in a penal institution.

A convict who has already begun serving his sentence in prison may be permitted to serve the remaining part of his sentence under electronic monitoring if the convict's previous attitude and conduct support such permission.

If the motion concerns a convicted person already serving a prison sentence, the penitentiary court hearing will be held at the prison where the convicted person is being held. The court will hear from a representative of the prison administration, with the mandatory participation of a prosecutor.

Before issuing a decision to grant the convicted person permission to serve their prison sentence under electronic monitoring, the penitentiary court hears the convicted person or his defence counsel.

Stationary, proximity and mobile surveillance

According to the provisions of the Executive Penal Code, there are three types of electronic monitoring:

1. Staying by the convicted person on specific days of the week and at specific times in a place indicated by the court (stationary supervision) ;
2. The current place of residence of the convicted person, regardless of where the convicted person is staying (mobile supervision) ;
3. Maintaining a specified minimum distance by the convicted person from a person designated by the court (proximity supervision) .

In the case of a prison sentence, stationary supervision applies, while in the case of penal and security measures, proximity or mobile supervision applies.

Application for granting permission to a convicted person to serve a prison sentence under electronic monitoring

Such a request may be submitted in writing by the convicted person, their defense attorney, a prosecutor, a probation officer, or the prison director. The justification for the request should include a reference to the conditions for granting the permit and, if applicable, the consent of an adult residing with the convicted person. This consent should also cover monitoring activities performed at their place of residence by an authorized entity (e.g., monitoring the functioning of an electronic recording device). The penitentiary court issues a decision within 30 days of receiving the request.

In matters relating to granting permission to serve a prison sentence under the electronic monitoring system, the competent court is the penitentiary court in whose district the convicted person is staying.

In 2017, there were 35,000 applications for permission to serve a prison sentence under electronic monitoring, and in 2018 – 37,000.

In 2018, 5,000 people served their sentences under electronic supervision, while in the first half of 2019 – 5.2 thousand people.

Costs of electronic monitoring

Currently, neither submitting an application for electronic monitoring nor serving the sentence in this system entails any costs for the convicted person. Importantly, there is no need to apply for this free service, as it is provided for by law.

A prison sentence served under the Electronic Monitoring System (SDE) currently costs the state budget approximately 440 PLN per month. The cost of a single prisoner's stay in prison is much higher: 3,200 PLN.

Even more effective rehabilitation is possible. The system allows the convicted person to leave prison, where time spent there doesn't always bring improvement, and remain under supervision while participating in social life. The convicted person doesn't abandon their family, doesn't abandon their job, and above all, supports themselves.

Planned amendment to the Executive Penal Code

The amendment to the provisions of the Executive Penal Code was proposed in draft document number 3451, available on the website of the Sejm of the Republic of Poland. However, the draft was referred to the Constitutional Tribunal in June 2019 by the President of the Republic of Poland.

Issues concerning amendments to the Act returned with the announcement issued by the Ministry of Justice on March 19, 2020, in connection with the epidemic caused by the SARS-Cov-2 coronavirus causing the COVID-19 disease.

The main change is to increase the penalty threshold at which it will be possible to use the Electronic Monitoring System for up to one year and six months.

As we read in a press release from the Ministry of Justice, "The draft also envisages changes to the Penal Code, which significantly expand the current application of the Electronic Monitoring System (EDS). It is proposed to increase the upper limit of penalties imposed or the sum of prison sentences required for serving a prison sentence under electronic monitoring to 18 months. Currently, EDS applies to sentences of up to one year of imprisonment.

The regulations developed by the Ministry of Justice will be incorporated into a special act on specific solutions related to the prevention, counteraction, and combating of COVID-19, other infectious diseases, and the crises caused by them. The draft, along with the justification, has been submitted to the Ministry of Development, which is coordinating all work related to amending this act.

Bibliography:

1. Act of 6 June 1997 – Executive Penal Code (Journal of Laws of 2019, item 676).
2. Act of 6 June 1997 – Penal Code (Journal of Laws of 2019, No. 1950).
3. Regulation of the Minister of Justice of 26 May 2015 on the specification of detailed technical conditions and functional requirements to be met by technical means used to perform electronic supervision and the manner of functioning of the communication and monitoring system (Journal of Laws of 2015, item 797).
4. Draft Act amending the Penal Code and certain other acts – Form No. 3451.
5. Announcement of the Ministry of Justice of March 19, 2020 – link .
6. Information for convicted persons subject to the electronic monitoring system – Electronic monitoring as a non-isolation system for serving a prison sentence.

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