What Crimes Require an Ankle Monitor?
An ankle monitor, also known as a GPS tracking device, is a common form of electronic monitoring used by the criminal justice system. It's not a punishment in itself, but rather a tool used for supervision and monitoring, often as a condition of bail, probation, or parole. The specific crimes that may lead to an ankle monitor are highly variable and depend on several factors including the severity of the crime, the offender's criminal history, and the judge's discretion. There's no single list of crimes that automatically require one.
What Types of Offenses Often Result in Ankle Monitoring?
While many crimes could potentially lead to ankle monitoring, certain types are more commonly associated with its use. These include:
-
Domestic Violence: Given the potential for repeat offenses and the need to protect victims, individuals convicted of or charged with domestic violence frequently are mandated to wear ankle monitors. This allows for monitoring of proximity to victims and adherence to restraining orders.
-
DUI/DWI (Driving Under the Influence/Driving While Intoxicated): Repeat DUI offenders or those with particularly high blood alcohol content (BAC) levels are often required to wear ankle monitors as a condition of probation or bail. This helps ensure they remain sober and comply with restrictions on driving.
-
Drug-Related Offenses: Individuals facing charges or convictions for drug possession, distribution, or manufacturing may be ordered to wear ankle monitors, particularly if their offenses involve significant quantities of narcotics or if there's a high risk of recidivism. This allows for monitoring of compliance with drug testing and treatment programs.
-
Violent Crimes (in certain circumstances): While less common for serious violent crimes like murder or rape (which often result in incarceration), ankle monitoring might be used in some cases, particularly for less serious violent offenses or as a condition of parole following incarceration.
-
Sex Offenses (in certain circumstances): Similar to violent crimes, ankle monitoring is more likely in cases of less serious sex offenses or as a part of parole conditions after serving a prison sentence. Its use in these cases often includes restrictions on proximity to schools, parks, or other places where children congregate.
-
White-Collar Crimes: In some instances, individuals convicted of white-collar crimes like fraud or embezzlement may be ordered to wear ankle monitors, especially if there's a risk of flight or further criminal activity.
What Factors Influence the Judge's Decision?
The decision to impose ankle monitoring isn't simply based on the crime itself. Judges consider several factors:
-
Risk Assessment: A thorough risk assessment is typically conducted to determine the likelihood of the individual committing further crimes or fleeing.
-
Criminal History: A history of prior offenses significantly increases the chance of ankle monitoring being imposed.
-
Nature of the Offense: The seriousness and details of the current crime play a substantial role.
-
Community Safety: The judge will consider the impact the offender might have on the community.
-
Availability of Resources: Ankle monitoring programs require resources; availability can influence a judge's decision.
Is an Ankle Monitor Always Required for These Crimes?
No. It's crucial to understand that ankle monitoring is not an automatic consequence of committing any of the crimes mentioned above. The decision rests solely with the judge and is influenced by the individual circumstances of each case.
What Are the Alternatives to Ankle Monitoring?
Alternatives to ankle monitoring may include house arrest, intensive probation, regular check-ins with a probation officer, or, of course, incarceration. The choice depends on the judge's assessment of the risk and the availability of resources.