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would be funded; after the conclusion of a pilot program, a decision was

to be made whether to require the offender to pay all or some of the cost
(1)
of monitoring, or whether to offer EM bail at public expense.

III. Planning the Thai Judiciary EM Bail Project

The Amended Criminal Procedure Code authorizes both the police and
the courts to impose EM as a bail condition, but only the judiciary has

demonstrated interest in implementing the new legislation; Thailandûs Office

of the National Police has no plans to implement EM bail at present. The
Office of the Judiciary studied the pilot project of the Department of Probation,

accepted bids and awarded a contract for 5,000 devices from a domestic

private company. The EM bail program faced the same decisions every

program does. It chose to lease rather than buy devices. It selected GPS

for its convenience in installation. It considered using wrist-worn bracelets,
but decided on ankle-worn as less susceptible to tampering. As a pilot, EM

bail would be tested in a few courts, not implemented throughout the system,

and twenty-three courts of first instance were invited to join the project.
Juvenile courts were excluded, as Thailand law limits the use of EM to

juvenile offenders deemed to pose a substantial risk of harm to others.

It is noteworthy that EM bail was not the only project of the Office

of the Judiciary that aimed to reduce the inequality of the money bail system.

The Office also sent judges to the United States to learn how some

jurisdictions in the U.S. are replacing money bail with a cashless bail

(1)
Interestingly, the law also created a presumption of çescapeé if an EM device were to be
broken or stop working, meaning that the police could arrest as an absconder an offender

whose monitor has stopped signaling.

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