What are the penalties for tampering with a SCRAM bracelet?

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Question:

What are the penalties for tampering with a SCRAM bracelet?

Answer:

For the most part, tampering with a SCRAM bracelet carries penalties based on the conditions of release of each individual offender. Here’s the reasoning: SCRAM devices are employed by law enforcement, the judicial system (the courts), and corrections offices (probation officers and others) to monitor an offender before a criminal trial, during a criminal trial, or after sentencing as part of an early release, suspended sentence, or parole arrangement. As part of the conditions of virtually all suspended sentences, early releases, and other probations types, offenders are required to abstain from illegal drugs, and in certain cases, alcohol as well. By using the SCRAM detection bracelet, a probation officer or other official overseeing the release of an offender can monitor the offender’s intake of alcohol passively. In the past, random urinalysis and other testing methods (aside from showing up to probation hearings visibly intoxicated and failing a breathalyzer) failed to account for whether an offender adhered to the alcohol restrictions applicable to their release.

Therefore, if an offender sets off a SCRAM device, or by nature of tampering with the device, exhibits intent to subvert the device to prevent setting it off, the offender has violated a condition of his or her probation or parole. The penalties applicable to this offense will vary greatly, and more often than not, are determined on a case by case basis, first by the assigned overseeing corrections officer, and if necessary, second by the judge overseeing an offender’s case. Worst case scenarios include the offender being remanded back into police custody, having his or her probation or release formally revoked, and the offender must face a judge for resentencing, which could mean serving out the remainder of his or her sentence.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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