3 Criminal Law - Criminal Procedure - Enforcement - 35 Enforcement - 354 Intercantonal Agreements - Title One - Chapter ONE Scope of Application

The execution under electronic monitoring is permissible for custodial sentences as well as for alternative custodial sentences for fines and monetary penalties.

1. Electronic monitoring is permissible provided that the sentence imposed or the total duration of sentences executable simultaneously ranges from a minimum of 20 days to a maximum of 12 months.

2. Pre-trial detention or detention for security reasons is not considered in the calculation (gross principle) [3].

3. For sentences with partial suspension, the total duration of the sentence (suspended portion and unsuspended portion) is determinative.

1 If one or more balances of sentences are to be executed after revocation of parole, the following elements are decisive for calculating the duration of the sentence

a) the balance of the sentence, if the judge has not constituted an aggregate sentence in a new case;

b) the aggregate sentence, if the judge has constituted an aggregate sentence in a new case.

**1 The following conditions must be met to benefit from electronic monitoring:**

a) a request from the convicted person;

b) no risk of flight;

c) no risk of committing further offenses;

d) admission to work, pursue training or engage in an activity as per the meaning of letter f) second sentence below [4];

e) no expulsion under Articles 66a and 66a bis of the Criminal Code (CC);

f) the continuation of a recognized professional activity or training with an occupancy rate of at least 20 hours per week. Domestic work, educational work, participation in an occupational program, or any other structured occupation are considered equivalent. The convicted person may also be assigned a job of at least 20 hours per week, without it being a right;

g) guarantees regarding the adherence to the framework conditions of execution;

h) appropriate fixed accommodation. This may also include a hostel or other long-term institutionalized housing, provided that this accommodation is suitable for electronic monitoring and the institution's management consents. By giving this consent, the management simultaneously grants the competent enforcement authority the right to access the accommodation at any time, even without prior notice, during the electronic monitoring period;

i) the fixed accommodation is equipped with a fixed or mobile telephone network for electronic data transmission;

j) the consent of the adults living under the same roof and their agreement to allow the competent enforcement authority to access the accommodation at any time, even without prior notice, during the period of electronic monitoring (EM);

k) the acceptance by the convicted person of the execution plan and weekly schedule and their agreement to allow the competent enforcement authority to access the accommodation at any time, even without prior notice, during the electronic monitoring period;

l) the exclusion of professional, family, or other important reasons that would be contrary to this form of execution, notably a conviction for domestic violence or for child sexual abuse if children live under the same roof.

The Executing Authority

a) informs the convicted person of the modalities of this form of execution, particularly the checks provided for in Article 10 of this regulation;

b) grants the convicted person a deadline to submit a request concerning this particular form of execution;

c) examines the request of the convicted person and the attached documents;

d) decides on the request and, in case of acceptance, determines the place and commencement of the execution, as well as the conditions to which it is subject, and the type of electronic monitoring.

The convicted person must submit the following documents

a) Proof of Employment or Training

Employee

A certificate from the employer or the employment contract, indicating the place of work and working hours, as well as a recent salary statement;

Self-employed

A document proving independent activity (e.g. AVS statement, social insurance certificate) indicating the place of work and working hours;

Person in Training

A training certificate indicating the place of training and course hours;

Foreign National

The convicted person with foreign nationality must also submit a certificate of their right to reside in Switzerland, as well as a certificate of their right to work or follow training if this information is not clearly indicated on the residence permit.

b) Proof of Fixed Housing (e.g. rental agreement, certificate of domicile);

c) Proof of connection to a fixed or mobile telephone network and proof of telephone expenses paid for the last two months;

d) Consent of all adult persons living in the same household (form), including their agreement that the competent enforcement authority may access all rooms of the housing at any time, even without prior notice.

1. If the convicted person does not meet the required conditions to benefit from this particular form of execution, the authority may grant them a period to request another form of execution.

2. This possibility is excluded in cases of abuse, non-compliance with the obligation to cooperate and communicate, non-observance of deadlines, submission of incomplete documents, as well as in the presence of circumstances that immediately exclude an alternative form of execution.

1. The competent authority shall establish the execution plan in agreement with the convicted person.

2. The plan shall particularly regulate

a) the weekly schedule in accordance with working or training hours, as well as other obligations;

b) the counseling and psychosocial support for the convicted person during execution.

3. For each working day [5], the convicted person may spend a maximum of 14 hours outside the residence for

c) participation in individual or group therapies.

4. The convicted person must spend at least one day per week at their place of residence.

1. If the convicted person realizes that they will not be able to comply with the established conditions, they must immediately inform the competent authority.

2. Furthermore, they must immediately inform the competent authority of any job loss, opportunity for training, or other occupation, as well as any changes in their personal situation.

3. During the execution of the sentence, the convicted person is prohibited from leaving the Swiss territory.

1. During the execution, the authority ensures that the convicted person effectively performs their activity.

2. In this regard, it takes all measures deemed useful. In particular, it may, at any time and depending on the method used

a) inform the organization employing the convicted individual or providing training that the latter is serving a sentence under the electronic monitoring regime and request them to immediately notify the absence of the said convicted person from their place of activity or training;

b) visit the place of activity or training of the convicted person.

3. The authority may delegate its competence.

1. On non-working or training days, including Saturdays, Sundays, and public holidays, the convicted person may be granted, by decision of the authority, a maximum of free time [6] per day according to the following progression

1st and 2nd month

3 h/day

3rd and 4th month

4 h/day

5th and 6th month

6 h/day

from the 7th month

8 h/day

2. The hours of free time mentioned above may be accumulated, by decision of the authority, up to a maximum of 24 hours between the 3rd and 6th months, and up to 36 hours from the 7th month. The balance of hours remains acquired.

**1. If the convicted person no longer meets the conditions set forth in Articles 2 and 3, electronic monitoring shall be terminated.**

2. If the convicted person loses their job, training, or activity, entirely or partially, without fault on their part, the competent authority may choose not to terminate electronic monitoring, provided that the convicted person finds another appropriate activity within 21 days and their support is ensured during the transitional period.

3. In the event of the revocation of electronic monitoring, the convicted person shall continue to serve their sentence in either an open or closed correctional facility or, if they meet the conditions, in semi-detention.

1. The authority may issue a warning to a convicted individual who does not comply with the conditions inherent in the electronic monitoring system or otherwise betrays the trust placed in them, particularly if they

- misuse the time spent outside the residence;

- do not adhere to the weekly schedule;

- possess or consume illicit substances;

- fail to comply with an imposed obligation (e.g., to attend therapy, to abstain from alcohol);

- tamper with or attempt to tamper with monitoring devices;

- refuse to pay the advance or the contribution to the costs.

2. The restriction of free time for the convicted person is reserved.

1. If, despite a formal warning, the convicted person persists in their behavior, the authority may revoke the electronic monitoring regime and order, with immediate effect, the execution of the remaining sentence under the ordinary regime or, if the conditions are met, under semi-detention.

2. In serious cases, revocation may be ordered without prior warning.

The authority may provisionally suspend this regime for serious reasons or as a precautionary measure (e.g., risk of committing new offenses, etc.). Execution then continues immediately under the ordinary regime. A decision is rendered within 10 days.

If a criminal investigation is initiated against the convicted person, the execution of electronic monitoring may be suspended or revoked.

1. Payments of fines and monetary penalties are allocated according to the declared intent of the convicted person. In the absence of a declaration, the authority chooses the option most favorable for the convicted person.

2. An exception to this rule is possible if the statute of limitations is near. In such a case, the allocation will be made towards the fines or monetary penalties that prescribe first.

**1. The person who benefits from this scheme must pay a contribution towards the costs of execution of the sentence.**

2. The amount of this contribution is set by the Conference.

3. The convicted person makes regular advance payments.

4. Additional fixed telephony costs incurred on site due to the execution of the sentence under electronic surveillance, as well as other costs related to any requirements of the execution plan, such as abstinence checks, therapeutic follow-up, etc., are the responsibility of the convicted person.

5. The competent authority may grant a partial exemption from the contribution to costs if the convicted person requests it and demonstrates their difficult situation, particularly if the obligation to contribute to the costs prevents them from meeting their maintenance and support duties.

The convicted person may request to forgo continuing the electronic monitoring system. In this case, the remainder of the sentence is generally executed immediately under the ordinary regime or, if applicable, in semi-detention.

Subject to Article 43, paragraph 3 of the Penal Code, the rules of conditional release (Art. 86 et seq. of the Penal Code) apply.

1. Electronic monitoring may be authorized in place of external work and/or external work and accommodation for a duration of three to twelve months.

2. It occurs as an additional phase of the progressive execution of the sentence.

The rules defined in Title I of this regulation apply by analogy, subject to the following provisions.

Electronic monitoring may, in principle, be authorized once half of the custodial sentence has been served

a) either in lieu of external work;

b) or after an initial phase of external work as defined in Article 77a, paragraph 1 of the Penal Code, in lieu of external work and housing.

1. As a general rule, the convicted person may benefit from electronic monitoring if they have satisfactorily completed at least 6 months in an open regime and have successfully completed several leave periods.

2. If an initial phase of external work has been granted, the convicted person may benefit from electronic monitoring if they have satisfactorily completed at least two-thirds of the anticipated duration of the external work (based on conditional and/or definitive release).

If electronic monitoring is revoked, the execution of the remainder of the sentence continues under the standard regime or, if the convicted person meets the conditions, through external work.

The convicted person may request to forgo continuing with the electronic monitoring regime. In this case, the remainder of the sentence is generally executed immediately under the ordinary regime or, if they meet the conditions, through external work.

1. The convicted person is liable for any damage caused (electronic monitoring equipment, property, persons, etc.). They must ensure they are insured.

2. The convicted person serving a sentence under electronic monitoring is not insured against accidents by the state.

During the execution of the sanction, the data generated by the use of a geolocation system are accessible

c) to authorized technical operators.

Regarding the remainder, data protection is governed by cantonal law.

1. This regulation shall enter into force on January 1, 2018.

2. The Conference thus invites the governments of the cantons of Latin Switzerland to adapt their cantonal regulations concerning the execution of custodial sentences under electronic surveillance.

3. Title I of this regulation is also applicable to sentences that were pronounced before its entry into force, but whose execution has not yet begun.

4. Title II of this regulation is governed by Article 388, paragraph 3 of the Swiss Criminal Code.

5. It is published on the Conference's website and by each canton according to its own procedure.