CCJ of the Senate approves ankle monitor for offenders
The pre-law has been sent to the Senate analyze and then to be sanctioned by the President of the Republic. The text says that the device can be used on offenders part of the open regimen, halfway houses and parole.
Jornal do Comercio - Brasilia – The Commission of Constitution and Justice (CCJ) of the Federal Senate approved on April 2nd 2009 a project that regulates the use of an electronic ankle or bracelet on offenders part of the open regimen, halfway houses with sentences that restrict schedules and go to certain places, in case of parole or temporary leave. The pre-law has been sent to the Senate analyze and then to be sanctioned by the President of the Republic. The text says the device can’t not be ostensive and it will be used to inform the offender’s location from distance, in case the Judge responsible decides to use it. If the offender tampers the device, the sentence will be more rigid.
The offenders also are obligated to meet with their Supervision Officers responsible for monitoring them electronically and also follow all the directions given as well as inform any possible problem with the device.
The Senator Demóstenes Torres (GO) Rapporteur of this pre-law said that the Judges are not obligated to enforce the use of the device, but it will help to reduce crimes. “Several times, the offender part of the halfway house is stealing, killing or raping and use the alibi that they are studying” as an example.
In this type of regimen, the offender has authorization to go to school and work, but they have to return to prison at night. In case of open regimen, the offender doesn’t have to go to prison but they might have for example to present themselves to the judge periodically.
For the Criminalist Attorney Alberto Toron, the offenders part of the open regimen ends up not being supervised if they are really at home or in an exclusion zone. He is in favor of this pre-law and believes it will be beneficial also to the offenders, that instead of being in prison, they could be free with supervised monitoring. “You may leave the prison with a much less invasive control and still have freedom. It is a measure more lenient than stay in prison” He said. The Attorney Antônio Carlos Almeida Castro is also in favor of this idea. “It is a breakthrough that could unburden the prisons e must be used in certain situations”, observed. For him, the prison shouldn’t be used in all cases, especially because it is an expensive option for the State. Last month the Government of São Paulo opens a RFP to hire a company to monitor offenders. A State law approved in April, 2008 allowed electronic monitoring of offenders.