Monitoring devices are used in 40 states. Some County uses it only on a voluntary basis. In other words, the court can not compel an offender to use a device without the permission of the offender. The offender pays the complete cost for the device, which has approximately average cost per day. Examples of how or can be used are:
- Bond reductions on felony DUI cases have been granted where the offender requests to wear the device.
- Second time DUI offenders have been offered a reduction of the charge to Reckless driving in exchange for the offender wearing a device.
– Jail sentences have been reduced in exchange for the offender consenting to wearing a device.
– Summary suspensions have been cancelled in exchange for the offender wearing a device.
– Defense attorneys have requested devices as a means of obtaining evidence of moderation for mitigation, and for proving moderation for Secretary of State Reinstatement hearings.
If the device detects alcohol, which increases the follow-up periods of at least every 30 minutes. This procedure is planned to detect unusual spikes that can occur if someone, such as alcohol spills in the bracelet. The large peaks in the theory to show that the spike is not associated to alcohol consumption.
Drug monitoring devices also work in the same way as alcohol monitoring devices. It detects the presence of drugs on the offender.
The courts use Electronic Home Monitoring (EHM) in DUI cases often. In extreme cases, the court may impose EHM as a condition of release, while the case is pending. That means a defendant is limited to DUI arrest until it concludes criminal court, either a settlement or a trial. This often occurs with DUI defendants who have past criminal history. The arrest is also a mandatory punishment for offenders of DUI for the second and third.
House arrest restricts an individual to their home, but allows the individual to attend work or other functions like substance abuse treatment or medical appointments. The individual must wear a monitoring ankle bracelet at all times. The ankle bracelet communicates with a receiving device located inside the house of the person. This device has a limited scope and receiving can not be moved. Any tampering is immediately reported to a monitoring station. The receiving device also reports that the ankle bracelet is within the range or when it disappears in its range.
All these activities are reported from the receiving device through the phone lines to a monitoring station. The monitoring station records all activity and report, any suspicious behaviour to the criminal court. Some teams of house arrest, even has a breath test device accessories. Each time the person comes home from work that is required to provide a breath sample. If the receiving device detects alcohol on the breath will be informed immediately.
There are many benefits of Home electronic monitoring program. It encourages compliance with court lifestyle restrictions, offers an alternative to jail confinement and makes sure public safety by monitoring the alcohol consumption of those offender of alcohol related crimes.