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It is unfortunate that many people who reach out to a bail bonds company about securing bail may not plan to show up for their court dates. When you fail to appear for your court hearing after securing a bail bond, the bail bonds company risks losing a lot of money. Previously, a bail bond company would send a bounty hunter to find you. But this process can be time-consuming and costly, often yielding only minimal success and causing legal headaches.

Using electronic monitoring bail for releases offers a more practical solution. This technology allows bail bond agencies and courts to keep tabs on where you are, ensure you follow the court’s rules, and show up for court. If you or your loved one has to wear one as a bail condition, here’s what you should know about how it works.

What Is Electronic Monitoring?

Electronic monitoring is a technology that the criminal justice system uses to keep an eye on people who are on pretrial release, parole, or probation. They use GPS devices, ankle monitors, or similar technologies that track where you are and where you go.

These devices help ensure that you follow the rules of your release, like curfews, by sending real-time information to monitoring agencies or your bail bondsmen. Electronic monitoring provides a less intrusive way to ensure you stick to your bail conditions. It also enables you to keep your job and care for your family while waiting for trial.

Types of Electronic Monitoring Programs

Electronic monitoring programs differ. However, most participants must have a special ankle monitor or bracelet that tracks some of their movements.

These monitors will use one of three types of tracking technology:

  • A radio-frequency transmitter that alerts authorities if you leave your home

  • SCRAM (Secure Continuous Remote Alcohol Monitoring), which detects any alcohol consumption, and the court commonly uses it for alcohol-related offenses

  • GPS (Global Positioning System) keeps track of all your movements and locations

Below are the different types of electronic monitoring programs available in California:

Home Detention

Home detention monitoring is the simplest form of EM. It usually involves an ankle bracelet and a home monitoring unit that uses GPS technology or radio frequency (RF). These ankle bracelet bail conditions ensure you remain within the court-approved boundaries. You can set this up with a power outlet and access to a home phone line or cellular signal. Some devices even use radio frequencies.

Typically, you’ll need to cover the costs of using the electronic monitoring device, but you won’t be excluded from the program just because you can’t pay.

Bail bond agencies might partner with various private companies for home monitoring, but all systems generally work the same way.

The bracelet sends a continuous signal to the monitoring agency, allowing them to track any unusual activity in real-time. Since your location is always known, you usually don’t have to check in with your bail bondsman as often.

“Irregularities” with your monitor can include things like:

  • Tampering with the device

  • Violating location restrictions

  • Breaking curfew

The court can adjust house arrest programs to include random drug tests, home visits, and in-person office meetings.

SCRAM Devices

The SCRAM device is an electronic monitoring tool that some people get as a penalty for drunk driving in California. SCRAM stands for Secure Continuous Remote Alcohol Monitor. It serves as a way to keep tabs on alcohol consumption.

This device is an ankle bracelet that doesn’t track your location. Instead, it checks the alcohol levels in your skin, rather than through breath or blood tests. If you drink alcohol, the device sends an alert to the monitoring agency, which then informs the court handling your case. When you wear a SCRAM device, you can go wherever you want, but you can’t drink alcohol.

Drug Patches

If you get arrested for breaking California drug laws, you might have to wear drug patches to keep an eye on you. The authorities swap these patches out weekly. When they take them off, they get tested for signs of substances like marijuana, heroin, cocaine, and methamphetamines. If the monitoring agency finds traces of these drugs, they will inform the court in charge of your case.

GPS Tracking

GPS monitoring for bail is another way to monitor people electronically. A GPS device sends out your location 24/7 using cell networks. This data helps a monitoring center set up specific areas where you can and can’t go, so they can keep track of where you are.

Who is Eligible for Electronic Monitoring?

Generally, bail bondsmen and courts reserve alternative sentencing for low-risk offenders who haven’t committed:

  • Serious crimes

  • Multiple crimes

  • Violent crimes

Eligibility only includes people who aren’t high-risk offenders who could endanger themselves or the public. You can usually get electronic monitoring if you:

  • Are a nonviolent offender

  • You don’t have a track record of violent offenses

  • Agree to follow all the rules for supervised electronic monitoring

  • Have a home phone

  • You have complied with the previous electronic monitoring rules

Common Rules For Electronic Monitoring

There are some rules that the court or bail bondsman could order you to follow when you’re out on bail:

You Must Wear a GPS Ankle Monitor At All Times

Your electronic monitoring device must stay on 24/7, whether at home or out engaging in approved activities outside.

Your home should also have a unit that connects to your phone line and communicates with a monitoring center. The unit sends data from your ankle bracelet and alerts your officer if you leave your property. If that happens, the authorities have the authority to arrest you.

The authorities enforce ankle bracelet bail conditions strictly. If you tamper with or remove the monitor, you will violate your house arrest rules. That could lead to your bail forfeiture and subsequent return to custody.

You Must Stay Away From Alcohol and Drugs

If you had been arrested for drunk driving or driving while intoxicated with drugs, the rules would usually obligate you to avoid alcohol and drugs. That is particularly true if your home detention is due to a possession charge or a DUI case.

Typically, an officer will check your home for alcohol or drugs during scheduled or surprise visits. They may also ask you to perform random drug tests to ensure you follow the rules.

In some situations, you might need to have adhesive patches or a SCRAM device that detects alcohol or drug use, along with your ankle monitor. If you tamper with or remove these devices, it would be considered a violation of your conditions.

You can’t leave the house without getting permission first.

The main rule of house arrest is that you need to stay at home. But it’s not true that you can never step out. You just have to ask for and get approval before going anywhere.

Here are some things you might be allowed to do while under home detention:

  • Go to religious services

  • Visit your regular doctor for medical appointments

  • Attend counseling sessions with your usual therapist

  • Go to work.

  • Attend school.

  • Participate in required alcohol or drug treatment programs

  • Complete community service tasks

If you leave the house without permission, you break the house arrest rules. Even if it’s an emergency, you must show it was a valid reason.

Obey the Curfew Orders

You usually have to stick to a curfew when you're under home detention. Curfews restrict your ability to participate in scheduled activities outside your home at certain times. However, the curfew times can be adjusted if you have important responsibilities that run late, like overtime.

Benefits of Electronic Monitoring

If the court electronically monitors you, it might lower your bail amount based on your situation. Monitor devices give both the court and the community reassurance about your release. These systems let judges know you’re following court orders and aren’t likely to flee.

Monitoring can be crucial for high-risk offenders who are released from jail before trial, since it adds an extra layer of security for the court. It ensures that the authorities track your movements accurately.

Judges might also be more open to reducing high bail amounts if you agree to GPS monitoring for bail as part of your release conditions. Your bail bondsman or court can include that in the bail agreement, which could affect the overall cost.

Are There Disadvantages of Electronic Monitoring as a Condition of Bail?

There are many disadvantages of electronic monitoring, including:

  • You might incur user fees, in addition to setup charges. This practice unfairly transfers the financial burden of incarceration from the government to the individuals and their families

  • Electronic monitoring can also make it hard for you to go for job interviews or even engage in daily activities

  • Exclusion zones can also block you from visiting family homes, going to school, attending religious services, or getting to work

  • Responding to emergencies becomes complicated as well. You risk returning to prison if you make unauthorized movements, for example, when taking a sick child to the hospital that is outside the allowed zone

  • Electronic monitoring can disrupt work activities, mostly for jobs in landscaping, construction, or delivery services. Some buildings, like warehouses, can interfere with GPS signals, forcing individuals to leave work to regain the signal

  • Unexpected overtime or sudden changes in work schedules can also lead to violations that could result in reincarceration

  • Reading and language translation issues can make it tough for some people under electronic monitoring to fully understand and follow the strict rules of electronic monitoring

  • Strict rules can result in jail time and higher costs due to technical violations. For instance, if you come home late from work because there was traffic on your route, your bail could be forfeited

  • Like all technology, electronic monitoring devices have their flaws. They can experience technical failures and trigger false alarms. For instance, GPS tracking devices might lose their signal, which can set off an alarm and lead to an arrest warrant

  • You need to plug these devices in for an hour twice a day, and some batteries don’t last the full 12 hours they should

What Happens If You Tamper With Your Electronic Monitor?

If you tamper with your EM device, you might get rearrested and forfeit your bail.

Typically, you have the right to a court hearing where a judge will determine if you infringed the terms of your supervised release. If they decide you did, they could take you back to jail.

A criminal conviction for trying to escape can lead to felony penalties.

Can Electronic Monitoring Replace Bail in Court?

In many instances, electronic monitor bail serves as a condition for release rather than a substitute for bail. Judges often implement monitoring to oversee defendants discharged on bail, particularly when there are concerns about them fleeing the region or missing court appearances.

So, you might still need to pay your bail even though you’re wearing the EM.

In certain situations, a judge might decide to release you on your own recognizance or under pretrial supervision with a wrist or ankle monitor rather than imposing bail. That generally varies depending on the offense type and your community connections.

When the court releases you on O.R., you may not need to post bail, but you must still adhere to strict court regulations.

If you’re under electronic monitoring as part of your pretrial release, you’ll probably need to stay on it until your trial. However, a judge may consider changing your bail conditions if you demonstrate that you’re not a flight risk by following all the rules and attending court dates.

Find a Seasoned Bail Bondsman Near Me

Deciding between paying traditional bail and other alternatives like electronic monitoring bail can be tough. Each release option comes with its own benefits and drawbacks. Knowing about these alternatives can help you make smart decisions for yourself or loved ones.

At King Stahlman Bail Bonds, we focus on helping families in California find the best option for release. Our bail bondsmen will ensure you can return home to your loved ones while you wait for your trial. We can help you get through this tough time with ease. Call us today at 619-232-7127 to find the best option for your loved one’s situation.