Anyone sentenced to an unconditional custodial sentence does not necessarily have to serve it in prison. Since 2010, Austrian law has provided for electronically monitored house arrest, commonly known as the “ankle monitor” (Fußfessel). Since 1 September 2025, this form of serving a sentence has been available to significantly more convicted persons. This article explains in plain terms who can apply for the ankle monitor, which requirements apply, how the procedure works and what the consequences of violations are.
What is the electronic ankle monitor in Austria?
In brief: In Austria, the ankle monitor is a special form of serving a prison sentence. The convicted person serves the custodial sentence in their own home, pursues suitable employment and is monitored electronically. The statutory term for this form of enforcement is “enforcement of sentence by way of electronically monitored house arrest” (§§ 156b to 156d of the Austrian Penal Enforcement Act – StVG).
Legally, house arrest remains a custodial sentence – just served outside the prison. As a rule, the person concerned may only leave their home to go to work, to obtain essential necessities, to seek necessary medical care or for other reasons specified in the conditions (§ 156b para 1 StVG).
How does the ankle monitor work technically?
A base unit is installed in the home and connected to a server via the mobile network or a landline. This unit communicates by radio with a waterproof plastic band worn around the ankle, which is not visible under normal clothing. This makes it possible to register whether and when the person is at home. Any attempt to remove the band or tamper with the unit triggers an alarm that is immediately forwarded to the competent prison. A triggered alarm may result in an on-site check by prison officers or a police search. If necessary, monitoring can be supplemented by voice, facial or alcohol checks.
In which cases is the ankle monitor possible?
Rule of thumb: In Austria, the ankle monitor may be considered if the (remaining) term of imprisonment to be served does not exceed 24 months. For serious violent, sexual and terrorist offences, the limit remains 12 months. In practice, the ankle monitor regularly comes into consideration for property and white-collar offences, fraud, breach of trust or financial and tax offences – i.e. precisely in areas where convicted persons are often socially integrated and in regular employment.
Front door or back door: which options are there?
The ankle monitor can be obtained in two ways:
| Front-door option | Back-door option | |
| Timing | Before the start of the sentence, after receipt of the summons to begin serving it | From ongoing imprisonment in the prison |
| Applicant | Convicted person | Prisoner |
| Scope | Serving the entire sentence at home | Serving the remainder of the sentence at home |
| Special feature | A timely application suspends the order to enforce the sentence | Since 2025, ex officio review before the pre-release stage |
Can the court rule out the ankle monitor?
Yes. In its judgment, the criminal court may declare that electronically monitored house arrest is not an option for a certain period – at most until the date of a possible conditional release – if specific facts give reason to fear that house arrest would not be sufficient to prevent further offences (§ 266 of the Austrian Code of Criminal Procedure – StPO). This pronouncement forms part of the sentence and can be challenged by way of appeal. It is therefore worthwhile considering the later form of enforcement as early as the criminal proceedings.
What requirements must be met for the ankle monitor?
If all requirements of § 156c para 1 StVG are met, house arrest must be granted. The person concerned must, in Austria:
- have suitable accommodation,
- pursue suitable employment – such as gainful employment, education or training, childcare, community service or a comparable activity serving reintegration,
- earn an income sufficient to cover their living expenses,
- have health and accident insurance cover.
In addition, the written consent of all persons living in the same household is required. Finally, after an assessment of the living conditions, the social environment and any risk factors, it must be assumed that the person will not abuse this form of enforcement.
What role do victim protection and domestic violence play?
In cases of violent and sexual offences, the interests of the victims must be given particular consideration. For offences against family members in the context of domestic violence, the ankle monitor is generally only an option if accommodation separate from the victim is available. In the case of convictions for sexual offences, an opinion from the Assessment and Evaluation Unit for Violent and Sexual Offenders must be obtained before a decision is made.
Which authorities and bodies are responsible?
Decisions on approval and revocation are not made by the court but, as a rule, by the head of the prison in which the custodial sentence is being or would be enforced (§ 156d StVG). Other parties involved are:
- Social workers: assess the requirements (housing, work, social environment) and support the person during house arrest.
- Prison officers: they respond to alarms and carry out on-site checks where necessary.
- Criminal court: it may temporarily rule out house arrest in its judgment and decides on house arrest during pre-trial detention.
How does the application procedure for the ankle monitor work?
In four steps:
- Step 1: application to the competent prison,
- Step 2: assessment of the requirements,
- Step 3: decision by the prison management, including determination of the conditions,
- Step 4: installation of the equipment and start of house arrest.
When should the application be filed?
In front-door cases, the application should be filed immediately after receipt of the summons to begin serving the sentence and in any event within the deadline stated therein. If the application is filed in time, the order to enforce the sentence must be suspended until a decision has been made. Those already in custody can file the application at any time while serving their sentence.
Which documents should be enclosed with the application?
The application should be accompanied by meaningful supporting documents, in particular:
- Proof of suitable accommodation: certificate of residence registration (Meldebestätigung), tenancy agreement and details of the home, e.g. a floor plan,
- Proof of suitable employment: confirmation of employment or training stating working hours,
- Proof of income sufficient to cover living expenses: evidence of income such as payslips,
- Proof of health and accident insurance and
- Written declarations of consent from all co-residents.
The more complete and coherent the application, the faster the prison can decide. Preparation by an attorney helps to avoid gaps and to substantiate a positive prognosis that the arrangement will not be abused.
How much does the ankle monitor cost?
Cost contribution: For electronically monitored house arrest, EUR 22.00 is payable per calendar day or part thereof (§ 5 of the House Arrest Ordinance – HausarrestV). Costs are payable monthly in arrears by the fifth day of the following month. The obligation to pay does not apply to the extent that it would jeopardise the necessary maintenance of the convicted person and their dependants (§ 156b para 3 StVG). It is therefore advisable to provide evidence not only of income but also of financial obligations (rent, operating costs, maintenance obligations).
Which rules apply while wearing the ankle monitor?
Together with the approval, the prison sets individual conditions governing the person’s daily life. These regulate, in particular:
- the times to be spent at home,
- working hours, which should correspond as closely as possible to normal working hours,
- permitted outings, e.g. for shopping, medical appointments or exercise outdoors, and
- where applicable, further conditions such as alcohol checks or contact bans.
During house arrest, the person is supported, where necessary, by persons experienced in social work. The support staff explain the nature of house arrest and help the person comply with the conditions. One advantage over imprisonment: the job, home and family environment are preserved, and house arrest does not lead to the suspension of social security benefits.
What happens in case of a breach of the conditions?
Important: Anyone who seriously breaches the conditions of the ankle monitor, or breaches them despite a warning, loses house arrest. The remainder of the sentence must then be served in prison.
Pursuant to § 156c para 2 StVG, house arrest must be revoked if
- a necessary requirement ceases to apply (e.g. loss of job or home),
- an order or condition is seriously breached or not complied with despite a formal warning,
- the person is more than one month in arrears with the cost contribution – renewed approval is only possible once the arrears have been paid,
- the person declares that they are no longer able to comply with the conditions, or
- there is a strong suspicion that a new intentional criminal offence has been committed during house arrest.
Figures from the Ministry of Justice show how relevant this is: in 2025, the ankle monitor was withdrawn from 126 persons – 49 for breach of conditions, 58 for criminal offences, 17 for failure to meet the statutory requirements and two for other reasons. In total, 1,194 persons were in electronically monitored house arrest in 2025.
Is the ankle monitor also available during pre-trial detention?
Yes, although rarely in practice. Pursuant to § 173a StPO, pre-trial detention can be continued as house arrest at the request of the public prosecutor or the accused. This requires that detention cannot be replaced by less severe measures, but that its purpose can also be achieved through house arrest because the person lives in stable circumstances and consents to electronic monitoring. The court decides on the application at a detention hearing; the probation service reports on the person’s living conditions in advance. The home may only be left by the most direct route for work or training, errands and medical care.
Conclusion: the right preparation is key to obtaining the ankle monitor
The ankle monitor makes it possible to serve a custodial sentence of up to 24 months at home – while keeping one’s job, home and family. Since the 2025 reform, significantly more convicted persons benefit from it. What matters is a timely and complete application, a convincing presentation of one’s living circumstances and strict compliance with the conditions. As the 2026 amendment to the Penal Enforcement Act may bring changes, an early assessment is advisable.
What other alternatives to imprisonment are there in Austria?
In brief: The ankle monitor is not the only way to avoid prison. Austrian law also provides for other alternatives, such as community service instead of a default custodial sentence or “therapy instead of punishment” under the Narcotic Substances Act. Which option comes into consideration depends primarily on the stage of the proceedings, the potential penalty and the prognosis.
Can community service be performed instead of imprisonment?
Yes – especially if a fine cannot be paid. A default custodial sentence is not enforced if the convicted person instead performs community service (“sweating instead of sitting”, § 3 para 1 in conjunction with § 3a StVG). The rule is: four hours of community service correspond to one day of imprisonment; once the service has been performed in full, the sentence is deemed served. The person’s willingness must be notified to the court within the deadline for beginning the sentence; an agreement with a suitable institution must then be reached within one month. This option is excluded for custodial sentences of nine months or longer. If the service is not performed in full, the remainder of the sentence must be enforced.
Does this also apply in administrative financial criminal proceedings?
Yes. A default custodial sentence under the Austrian Financial Criminal Act (FinStrG) is likewise not enforced if the sanctioned person performs community service pursuant to § 3a StVG (§ 179 para 3 FinStrG). If the sentence was imposed by the financial criminal authority, that authority takes the place of the court in this procedure. The service is only arranged at the request of the sanctioned person. If it is not performed in time, the deferral is revoked and the default custodial sentence is enforced (§ 3a para 4 StVG in conjunction with § 179 para 3 FinStrG).
What does “therapy instead of punishment” mean?
For drug-dependent convicted persons, § 39 of the Narcotic Substances Act (SMG) provides for a special deferral: the enforcement of a fine or of a custodial sentence of up to three years for a drug offence or an offence committed to fund a drug habit must be deferred for a maximum of two years if the person undergoes a necessary health-related measure – where applicable including inpatient therapy of up to six months. Certain forms of drug trafficking are excluded (§ 28a paras 2, 4 or 5 SMG). For custodial sentences exceeding 18 months, the person’s dangerousness must not preclude the deferral. If therapy is discontinued or there is a further relevant conviction, the deferral may be revoked (§ 39 paras 1 and 4 SMG).
Contact
The attorneys at KINDL.trusted support you in the area of Legal Defense with assessing the requirements, filing the application and in the event of an impending revocation – discreetly and with a focus on solutions. Contact us for an initial consultation:
