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Monitoring People and Their Behavior
Tuesday, 15 June 2010 12:43

Gainesville EntertainmentCraig DeThomasis, adjunct University of Florida professor and lawyer, describes different devices that can be used to keep watch over your alcohol consumption. Stay in the know about these mechanisms that can be used on you.

By Craig DeThomasis; Photo provided to INsite

Increasingly, the courts have been using various technologies to monitor people and their behavior. Whether monitoring is imposed as a condition of probation or is ordered as a condition of release while awaiting trial, the courts are relying on devices described below to help assure people comply with their orders.
You should be aware that if the courts subject you to monitoring, you could be required to pay the cost for the equipment, as outlined below.

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SCRAM
An individual's use of alcohol can be monitored 24 hours a day using a device known as SCRAM (Secure Continuous Remote Alcohol Monitor). Relying on the science of transdermal alcohol testing, the SCRAM device consists of an ankle bracelet which automatically tests the wearer up to 48 times per day to determine if the person has consumed any alcohol. Studies have found that sufficient quantities of ethanol are excreted through the skin and can be tested and monitored through this device. The results are uploaded to a central database and a report will be generated to show any use of alcohol or any attempts to tamper with the device.
The SCRAM device can assist the court to assure a person’s sobriety and, along with traditional counseling, it is a tool which may motivate an individual to remain alcohol free.
The costs of utilizing a SCRAM monitor include a set up fee and approximately $170 every two weeks.

IGNITION INTERLOCK
An ignition interlock is a device that is installed in a vehicle that will require a person to submit a breath sample by blowing into it to establish the person not been consuming alcohol prior to the car being started. Additionally, at various times while driving, the device will prompt the driver to submit an additional breath sample to determine the driver has not consumed alcohol.
In Florida, anyone convicted of a first offense DUI, with breath or blood test results in excess of .15, will be required to install an ignition interlock in their vehicle for a minimum of six months. Any person convicted of a second offense DUI must install an ignition interlock device in their vehicle for a period of one year, or if they have breath or blood test results in excess of .15, for a period of two years.
The approximate costs of an ignition interlock include $70 for installation and training of the driver, with additional payments of approximately $70 per month for rental of the device, which includes the monitoring and periodic inspection of the unit.

ELECTRONIC MONITORING DEVICES
Electronic monitoring devices which rely on GPS technology have been increasingly utilized by the courts to track a person's location at all times. In addition to monitoring a person’s location, the electronic monitoring device can be programmed to alert officials when an individual enters any pre-programmed area or location that is off limits to the offender.
If an offender is directed by the court to stay away from certain locations, several “hot zones” can be programmed into the device which will activate an alarm and send notification to officials that an individual has entered a forbidden location. Generally, an electronic monitoring device will consist of an ankle bracelet and a separate monitoring box that is worn on a belt.
The court will require a probationer to pay for these monitoring services as well. Costs could be as much as several hundred dollars per month.

RESTRICTIVE SOFTWARE
Another trend in criminal sentencing is to either deny a person access to the Internet or, if allowed access, to restrict a person’s access by installation of certain software programs.
There are a growing number of individuals who are court ordered to install software that will monitor and record all searches on the Internet and all sites which have been visited. Additionally, there are programs that will forward alerts to the probation office if someone accesses a restricted site.
As technology improves and additional devices which monitor and restrict a person’s behavior are brought to market, the court system appears prepared to respond by embracing these advances.

About the Author

Craig C. DeThomasis is a partner at DeThomasis & Buchanan, P.A., and has been an adjunct professor/lecturer at the University of Florida College of Law since 1990. He has been representing individuals accused of crime since 1983. He can be reached at reasonabledoubt.org. As always, he welcomes input from readers regarding issues of concern to you.

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