Sentencing Alternatives: Electronic Monitoring



Posted: Monday, June 05, 2006

by
THE KAVINOKY LAW FIRM







Electronic monitoring, also known as “house arrest" allows the convicted DUI offender to stay at home instead of being incarcerated in the county jail. There are many types of electronic monitoring devices. Some attach to the wrist, others to the ankle. Either the device will send a signal to a computer at the probation office or the manufacturer’s business. Another type of monitoring device involves equipment which is strapped to the DUI offender. Some programs require the DUI offender to respond to random phone calls to insure compliance with house arrest. Other programs involve the use of global positioning systems (GPS) which monitor the location of the defendant via satellite. The devices provide surveillance of the DUI offender’s presence within a certain vicinity of an assigned area, such as the home or workplace. Electronic monitoring may include the ability to work during the day, with the requirement that the DUI offender remain at home during the evening, which statistically reduces the likelihood of alcohol-impaired driving at night, which is when most DUI arrests occur.



Incarceration in the county jail is sometimes discretionary and sometimes a mandatory sentence for a DUI offense. The California Vehicle Code delineates the sentencing schemes for first-time and multiple DUI offenders. A first-time DUI offender is eligible to receive up to 6 months in the county jail, however no minimum jail time is required. On the other hand, multiple offenders, those who get another DUI within a ten year span from the prior DUI, are required to serve a mandatory period in the county jail. Studies have proven that jail is among the least effective means of punishment for reducing recidivism among DUI offenders. In addition, the cost of incarcerating the DUI offender in jail is astronomical and adds to the already overcrowded and overburdened jail system.



The cost of being on an electronic monitoring program varies, and is paid for by the DUI offender. There are many different programs and companies who are licensed to provide electronic monitoring. These companies strive to make it as easy and stress-free as possible.



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