Electronically Monitored House Arrest (Ankle Bracelet)

Electronically Monitored House Arrest (Ankle Bracelet)

Electronically monitored house arrest is colloquially referred to as an ankle bracelet.

In Austria, electronically monitored house arrest is permitted under certain conditions during imprisonment and pre-trial detention. In this case, instead of imprisonment in a correctional facility, the sentence is served in the form of house arrest in a domestic accommodation of the person concerned. The person concerned also receives an electronic ankle bracelet to monitor their whereabouts.

The advantages of the ankle bracelet are that social contacts and the job are retained. This allows the family to be provided for and taxes, social security contributions or compensation to the victims to be paid. In this way, electronically monitored house arrest serves the goal of the most rapid possible reintegration of offenders.

Sebastian Riedlmair
Harlander & Partner Attorneys „Wir verfassen Ihren Antrag auf Bewilligung des elektronisch überwachten Hausarrests. Die Kosten für die Einreichung des Antrages belaufen sich auf zumindest € 990,00 (inkl. USt).“

Electronically Monitored House Arrest in Imprisonment (Ankle Bracelet)

In Austria, electronically monitored house arrest offers convicted offenders the possibility of serving all or part of their sentence in the form of electronically monitored house arrest.

Application for House Arrest (Ankle Bracelet)

Electronically monitored house arrest is a measure provided for in criminal law, which is only possible under special conditions stipulated by the court and provided for by law.

The court may stipulate in the judgment that an electronic ankle bracelet is not an option for a certain period of time.

Unless the court has stipulated anything in this regard, the application for electronically monitored house arrest can be submitted before the start of the sentence, provided that the sentence to be served does not exceed twelve months. If the sentence to be served lasts longer than twelve months, then the application can be submitted during the execution of the prison sentence, provided that the remaining sentence to be served does not exceed twelve months.

The decision on the application is made by the head of the destination prison. The destination prison is the prison in the district of the regional court in which the accommodation of the prisoner or convict is located, and which also has facilities for electronic monitoring.

Approval of House Arrest (Ankle Bracelet)

The execution of a prison sentence in the form of electronically monitored house arrest with an ankle bracelet is to be approved upon application if

• the sentence to be served (before the start of imprisonment) or the sentence still to be served (during imprisonment) does not exceed twelve months or is not expected to exceed it (conditional release),
• the convicted person is in Austria
  • has suitable accommodation,
  • is engaged in suitable employment,
  • receives income with which he can support himself,
  • enjoys health and accident insurance coverage,
• the written consent of the persons living with him in the same household is available, and
• after examination of the living conditions, the social environment and any risk factors, and if the conditions of life outside the institution are observed, it can be assumed that the offender will not abuse this form of execution.

In the event of approval of the execution of the sentence in the form of electronically monitored house arrest with an ankle bracelet, the prisoner

• the conditions of his life outside the institution are to be determined,
• the amount of cost reimbursement to be paid by him is to be prescribed and
• if necessary, he is to be granted support by a person experienced in social work.

Special Regulations for Sexual Offenders

In all cases of conviction for a sexual offense or a sexually motivated violent offense pursuant to § 52a para. 1 StGB, a qualified favorable prognosis must be available before electronically monitored house arrest can be approved. This means that there must be special reasons which justify the assumption that the offender will not abuse the electronically monitored house arrest.

In addition, the victims of sexual offenses and sexually motivated violent offenses pursuant to § 52a para. 1 StGB are granted a right to be heard regarding the electronically monitored house arrest of the offender. This right to be heard serves primarily to inform the victims. It is therefore limited to victims who have submitted an application to be notified of the impending release or a freedom measure.

For offenders who have been convicted on the basis of sexual offenses pursuant to §§ 201, 202, 205, 206, 207, 207a or 207b StGB, half of the prison sentence, but at least three months, must also have been served before approval of electronically monitored house arrest is permitted.

Conditions of Life outside the Institution

The execution of the sentence in the form of electronically monitored house arrest means that the prisoner

• must stay in his accommodation,
• must pursue suitable employment, in particular gainful employment, training, childcare, community service or a comparable activity serving reintegration, and
• must submit to reasonable conditions of his life outside the institution.

The prisoner is prohibited from leaving the accommodation, except

• to carry out his employment,
• to procure the necessary means of subsistence,
• to make use of necessary medical assistance or
• for other reasons mentioned in the conditions of life outside the institution.

The prisoner is to be monitored by suitable means of electronic supervision and supervised to the extent necessary to achieve the educational purpose of the punishment.

The head of the destination prison must determine the conditions of the prisoner’s life outside the institution within the scope of the approval of electronically monitored house arrest. These conditions should ensure a way of life that serves the purposes of imprisonment and prescribe the following points.

1. the accommodation
2. the time of mandatory presence in the accommodation, taking into account necessary travel times
3. type, place and time of employment, whereby the employment or the sum of the employments should preferably reach a duration of 38.5 hours per week in total
4. the times for procuring the means of necessary subsistence
5. the times for other recurring medically, socially or therapeutically related absences from the electronic monitoring area
6. Notification and reporting obligations in the event of changed circumstances that may lead to a modification of the supervision profile
7. Obligations to cooperate in admission, release and control measures
8. Support measures
9. Control measures and guarantee of access to the accommodation at any time
10. Guarantee of being reachable at any time via a mobile phone to be operated by the monitored person
11. special obligations of conduct, in particular contact bans or prohibitions to stay in certain places
12. the consent of the monitored person to the automated processing of his personal data for the purpose of carrying out the electronically monitored house arrest

Revocation of House Arrest (Ankle Bracelet)

The detention in electronically monitored house arrest is to be revoked if

• a prerequisite necessary for its order ceases to exist, whereby § 145 para. 3 applies mutatis mutandis,
• the prisoner does not comply with an order or a condition imposed on him either in a serious manner or despite a formal warning,
• the prisoner is more than one month in arrears with the payment of the cost contribution, whereby a renewed approval is not considered before the outstanding cost contribution has been paid,
• the prisoner declares that he can no longer comply with the conditions, or
• there is an urgent suspicion against the prisoner of having committed an intentional criminal offense during the electronically monitored house arrest or an intentional or negligent criminal offense, the conviction of which under para. 1 Z 4 would preclude approval of imprisonment by electronically monitored house arrest, or of intending to evade further imprisonment.

Electronically Monitored House Arrest in Pre-Trial Detention (Ankle Bracelet)

In Austria, pre-trial detention can also be continued in the form of electronically monitored house arrest upon application. The application for an order of house arrest is to be decided in a detention hearing.

Order of House Arrest (Ankle Bracelet)

This is permissible if

The order of house arrest is permissible if

• the pre-trial detention is not lifted against less severe measures and
• the purpose of the detention can be achieved by the execution of the pre-trial detention in the form of house arrest, because
  • the accused is in orderly living conditions and
  • he allows himself to be monitored by an electronic ankle bracelet.

Effect of House Arrest on Pre-Trial Detention

In regular pre-trial detention, the court is obliged to check the existence of the detention requirements ex officio at very short intervals. Thus, the first detention hearing must take place no later than 14 days after the arrest, the next detention hearing after one month, and thereafter a detention hearing every two months.

From the time of the order of house arrest, however, no more detention hearings take place ex officio. The decision on the continuation or lifting of the pre-trial detention can therefore be issued in writing without a prior oral hearing.

Conditions of Life in Pre-Trial Detention

Leaving the accommodation is not permitted, except

• to reach the place of work or training,
• to procure the necessary means of subsistence and
• to make use of necessary medical assistance on the shortest route in each case.

Revocation of House Arrest (Ankle Bracelet)

The court must revoke the house arrest and order the further execution of the pre-trial detention in the correctional facility if the accused declares that he revokes his consent to suitable means of electronic supervision.

Likewise, the house arrest can be revoked by the court upon application by the public prosecutor’s office if the accused violates the conditions contrary to his oath or if the purposes of the detention cannot be achieved by the house arrest.