Les cantons se félicitent de l'arrêt de la Cour fédérale sur la surveillance électronique
Published: Thursday, May 2nd 2024, 05:50
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The change in practice by the Federal Supreme Court regarding the use of electronic ankle cuffs could bring relief to overcrowded prisons in the cantons. Although electronic monitoring costs less, it requires more personnel.
The cantons have been given more room for maneuver as a result of the Federal Supreme Court ruling, according to the prison concordats of the north-western, central and eastern Swiss cantons. In addition, the change would probably lead to prisons being relieved of some of their workload.
Space is "very tight" in practically all cantons. The occupancy rate in prisons rose to its highest level for ten years at the beginning of the year. At the end of January, 6881 people were in prison in Switzerland, seven percent more than a year ago.
Semi-captivity versus ankle bracelet
However, electronic monitoring - monitoring by ankle bracelet outside the prison walls - is in direct "competition" with the semi-prison form of imprisonment, a spokesperson for the concordats said.
The Federal Supreme Court's change in practice could therefore lead to cases being executed via electronic monitoring instead of semi-detention. Any places that become available in the specialized institutions that carry out semi-detention could not be reused for closed detention.
Lower costs than a stay in prison
According to the spokesperson for the prison concordats, it is currently difficult to estimate the impact on the costs of the prison system. It is true that the use of ankle bracelets costs "significantly less" than a place in prison and the sentenced person must contribute to the costs of execution. However: "In relation to the overall costs of the prison system, the potential savings are only minor."
The canton of Aargau broke down the cost issue even further: It was foreseeable that personnel costs would rise, according to the responsible Department of Economic Affairs and Home Affairs. The reason for this is that the support required for electronic monitoring is "significantly" higher than that of semi-prison. A cost contribution from the sentenced person is incurred for both forms of imprisonment.
15 cases of semi-captivity in the canton of Aargau
According to the cantonal Department of the Interior, there were around 15 cases of semi-detention in the canton of Aargau in 2023. A "considerable" proportion of these could probably be replaced by electronic monitoring. Although it is theoretically possible that electronic ankle bracelets will not only be used as a replacement for conventional semi-custody, this is "unlikely" due to the similar conditions for semi-custody and electronic monitoring.
The change in practice by the Federal Supreme Court only affects a specific part of the execution of sentences: if the unconditional part of a prison sentence is a maximum of twelve months, execution with electronic monitoring can be considered, as was stated in a ruling published in mid-April. Previously, this was only permitted if the total custodial sentence did not exceed one year. In doing so, the Federal Supreme Court aligned its case law with that on semi-custodial sentences.
To be eligible for electronic monitoring, there must be no risk of absconding and there must be no risk that the person in question will commit further crimes. Furthermore, they must be in regular work, training or employment of at least 20 hours per week or it must be possible to assign them to such a job. Last but not least, adults living in the same home as the convicted person must consent to electronic monitoring.
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