Bail Reform & Pretrial Justice

Pretrial Electronic Monitoring Increasingly Shapes Bail Decisions

By · · 4 min read
Pretrial Electronic Monitoring Increasingly Shapes Bail Decisions

Electronic monitoring, once primarily a tool for post-conviction supervision, is now a routine component of pretrial release decisions in jurisdictions nationwide. Its application allows defendants to await trial outside of jail, often under conditions that include home confinement or GPS tracking. The technology is presented as a mechanism to manage risk, ensure court appearances, and provide a degree of community supervision for individuals not deemed an immediate flight risk or danger.

A recent case in Westmoreland County, Pennsylvania, illustrates this contemporary application. In April 2024, a district court judge ordered Matthew White, 49, to home electronic monitoring as a condition of his release. White, facing multiple theft and forgery charges totaling hundreds of thousands of dollars, had his bail significantly reduced, shifting from incarceration to supervised release. His attorney noted the common reality that arranging such monitoring typically requires some logistical processing time.

How We Got Here

The concept of electronic monitoring for offenders dates back to the early 1980s, pioneered by Judge Jack Love in New Mexico, inspired by a Spider-Man comic strip featuring a tracking device. Early systems relied on rudimentary radio frequency (RF) technology, primarily enforcing home curfew zones. By the 1990s, the technology began seeing broader adoption, largely for post-conviction cases like parole and probation violations, or as an alternative to short jail sentences.

Over the past two decades, technological advancements, particularly the widespread availability of GPS, revolutionized the field. GPS-enabled ankle bracelets provided real-time location tracking and exclusion zone capabilities, drastically expanding the utility and precision of electronic supervision. This shift laid the groundwork for its expansion beyond traditional post-conviction uses into the pretrial phase.

Criminal justice reforms, particularly those aimed at reducing overcrowded jails and addressing issues related to cash bail, accelerated the adoption of pretrial electronic monitoring. Advocates argued that EM could provide a humane and cost-effective alternative to pretrial detention for certain defendants, maintaining public safety while upholding the presumption of innocence.

Pretrial Electronic Monitoring Increasingly Shapes Bail Decisions

What Changed

The turning point for electronic monitoring in the pretrial context has been its integration into judicial risk assessment and bail guidelines. Instead of solely relying on financial bail or outright detention, judges now frequently have a third option: supervised release with conditions, including electronic monitoring. This allows courts to tailor conditions based on the defendant’s alleged offense, criminal history, and flight risk.

The Westmoreland County decision in April 2024 reflects this contemporary approach. Following his arrest earlier in the year in South Carolina and return to Pennsylvania on March 6, Matthew White was initially held without bond in one case, with charges for a separate incident filed on April 8. The subsequent bail reductions, granted on successive days in April, were contingent on White being placed on electronic monitoring in both theft cases. This judicial action underscores a calculated decision to permit release, albeit under strict technological supervision, rather than maintaining pretrial incarceration.

Such orders often come with additional directives. In White’s instance, his attorney indicated plans for him to live with family and address a gambling addiction upon release. Electronic monitoring, in these scenarios, is not just about tracking, but can also serve as a framework within which defendants can access services and support systems while awaiting trial.

The electronic monitoring sector has no shortage of established players. BI Incorporated, backed by GEO Group, remains one of the largest providers in the U.S. SCRAM Systems dominates the alcohol monitoring niche with its continuous alcohol monitoring ankle devices. Attenti, now under Allied Universal, serves programs in over 30 countries. Smaller vendors have carved out niches too — manufacturers offer compact one-piece GPS designs like the CO-EYE series, which features optical-fiber tamper detection and a three-second snap-on installation.

Pretrial Electronic Monitoring Increasingly Shapes Bail Decisions

What Comes Next

The future of electronic monitoring points toward further technological integration and sophistication. Development continues on devices that are smaller, lighter, and less intrusive, improving compliance and reducing stigma. Enhanced tamper detection methods, improved battery life, and more robust communication protocols are becoming standard.

Beyond hardware, the focus is shifting to smarter data analytics. Systems are being developed to provide deeper insights into movement patterns, compliance trends, and early warning signs of potential violations. Integration with other criminal justice data systems, such as court schedules and treatment program attendance, promises a more holistic approach to supervision.

As discussions around bail reform and alternatives to incarceration continue, electronic monitoring will likely remain a central component of pretrial justice strategies. The challenge for courts and correctional agencies will be to balance the benefits of supervision with concerns about privacy, equity, and the potential for technological overreach.

The field will continue to adapt, driven by evolving policy, advanced technology, and a persistent demand for effective community supervision tools.

Source: Former South Greensburg fire chief to be released while awaiting trial for alleged theft


Related Resources: GPS Monitoring for Domestic Violence Cases | Probation GPS Monitoring Guide | Parole Electronic Monitoring Guide