“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:

• 1. Electronic Monitoring
• 2. Types of Devices
• 3. Types of Restrictions
• 4. Requesting Electronic Monitoring
• 5. Who pays?
• Additional Reading

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;
• global positioning system (GPS);
• continuous alcohol monitoring transdermal alcohol detection (TAD);
• electronic pagers paired with 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) is able to 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, but if a court wants to ensure both that a person avoids a particular area and does not drink, 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 kinds of restrictions or requirements that can be placed 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 jail or prison. Courts take violations very seriously, and you could face:

• revocation of your “house arrest” or home detention;
• extension of the probationary period;
• ineligibility for community corrections programs;
• sentence to jail or prison;
• fines; or
• having additional restrictions placed upon you.

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 occurs at the discretion of the court, meaning the court decides when to impose it. However, with the help of an experienced attorney, you can request monitoring in place of incarceration as a part of:

• a plea deal;
• a recommended sentence; or
• an addiction treatment plan.

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 his or her income (minus necessary expenses) is sufficient, then the costs of electronic monitoring will be taxed to the offender on 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:

• Home as Prison: The Use of House Arrest – Federal Probation.
• Between the ‘Home’ and ‘Institutional’ Worlds: Tensions and Contradictions in the Practice of House Arrest – Critical Criminology.
• House Arrest: A Critical Analysis of an Intermediate-Level Penal Sanction – University of Pennsylvania Law Review.
• A Brief History of House Arrest and Electronic Monitoring – Northern Kentucky Law Review.
• Exploring the Option of House Arrest – Federal Probation.

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