Bill 538.

Summary.

The bill establishes guidelines for using electronic monitoring devices to protect victims of domestic violence, sexual offenses, abuse of minors, personal injury, human trafficking, and other offenses that may affect their personal safety. It proposes placing the device on the ankle of a person who has been reported, named in a criminal complaint, charged, prosecuted, or convicted, following an assessment and a written statement of reasons, regardless of that person's sex or the victim's sex. A person affected by an offense is considered a victim even if there is no final judgment. The system is intended to verify presence and location and could include a device for the alleged aggressor and another device or an application for the victim.

Imposition of the measure would be subject to proportionality, reasonableness, and the presumption of innocence. The prosecutor would assess each case, including evidence concerning the reported act, previous complaints and proceedings, cohabitation or dependency, and individual risk. The prosecutor would also consider a history of substance use, criminal or police records, weapons, prior violence, mental health, differences in physical strength, a violent environment, and death threats. During the proceedings, under Article 333(2) of the Criminal Procedure Code, an audible alarm would sound if the wearer comes within 200 meters of the victim; the National Police (Policía Nacional) and the Public Prosecutor's Office (Ministerio Público) would also be notified. The victim would receive alerts through another device or an application.

If the alarm sounds, the wearer would have to leave immediately. If the wearer fails to do so, the National Police would arrest them, and the Public Prosecutor's Office would report the incident to the guarantees judge to request pretrial detention, without prejudice to proceedings for breaching protective measures under the Criminal Code. The Ministry of Government (Ministerio de Gobierno), through the Directorate of the Penitentiary System (Dirección del Sistema Penitenciario) and in coordination with the National Police, would undertake monitoring. The Public Prosecutor's Office would request the measure, and the Judiciary (Órgano Judicial) would decide whether to impose it. The Ministry of Women (Ministerio de la Mujer) would provide guidance and psychosocial support without direct access to technical data. If the perimeter is breached, the Monitoring Center (Centro de Monitoreo) would initiate the response and notify the victim; Article 9 assigns responsibility for notifying the court to the Public Prosecutor's Office.

The Executive Branch (Órgano Ejecutivo) would guarantee annual resources for the system, with possible agreements, cooperation, and payments from wearers. Tampering with or damaging the device, or failing to comply with its conditions, would lead to apprehension and a prosecutorial request for pretrial detention. Public officials who fail to respond to alerts would face disciplinary sanctions, as well as possible civil or criminal liability. Training and awareness campaigns are provided for. The wearer would cover the costs under rates set by the Ministry of Government and Justice (Ministerio de Gobierno y Justicia); if the wearer establishes insolvency, the State would advance the payment as a repayable credit. Failure to pay would not suspend the measure, and State purchases would require public bidding. Regulations would have to be issued within six months of publication in the Official Gazette (Gaceta Oficial), and the law would take effect in the following fiscal period. The bill is relevant to judicial, prosecutorial, police, penitentiary, and victim support institutions, as well as victims, people subject to the measure, and monitoring technology providers.