By Ann H Crowe
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Extra info for Offender supervision with electronic technology: A user's guide
He did not comply with these requirements and also left his home at an unauthorized time. Because of this, his probation was revoked and the appellate court affirmed the revocation (Skelton, 1999a). In another Texas case (Medlock v. State, 1996 Tex. App. LEXIS 1375, 1996), the probationer complained the electronic monitoring did not fit his schedule and he did not want to be on the monitor. The probation officer told the probationer that he could not force him to be monitored. To this, the probationer replied, “Well, I’m going to take this thing off,” whereupon he took scissors and cut the device off his leg.
The authority for supervising probation was properly delegated to the Community Supervision and Corrections Department, and the revocation was upheld (Skelton, 1999a). Violations Involving Electronic Supervision Equipment. A New Mexico probationer (State v. M. 1997) had his probation revoked and also was prosecuted for embezzlement for destroying electronic supervision equipment. He removed the electronic monitoring device, damaged it, and threw it into a field. He was charged with a fourth degree felony and was convicted of felony embezzlement, which was affirmed by the appellate court (Skelton, 1999a).
It is in this area that some writers believe challenges to electronic supervision might occur and where program administrators must plan carefully. It is common for agencies to charge offenders some or all of the cost of the electronic supervision. This usually includes equipment costs and also may include the costs for monitoring and staff time. When indigent defendants, who otherwise would be eligible for release on electronic supervision, are incarcerated because they cannot afford to pay, the program may face legal challenges (Del Carmen & Vaughn, 1986).