Harvey Weinstein’s bail has been increased to a $5 million cash-bond from $1 million because he repeatedly and deliberately left at home a piece of monitoring technology that activates his tracking device, Prosecutor Joan Illuzzi said Wednesday. The electronic ankle monitor was a condition of the movie mogul’s bail and Illuzzi argued that the violation warranted putting him in jail. Judge James Burke rejected the prosecutor’s motion, but warned that he could issue a warrant for Weinstein’s arrest if any further issues arise. Weinstein was also ordered by Burke to surrender his passport and he is banned from traveling outside the U.S. The 67-year-old Miramax founder appeared in court Wednesday using a walker. His lawyer, Donna Rotunno, said that he will be undergoing back surgery Thursday. “If you have any further medical issues, the court will not be terribly understanding,” Burke said. 

Weinstein, who maintains his innocence on charges of raping a woman in 2013 and forcing a sex act on another woman in 2006, is set to stand trial on Jan. 6 in New York City. More than 90 women have accused him of sexual misconduct. Rotunno blamed Weinstein’s monitor violation on “technical glitches” like dead batteries, while Illuzzi shot down that claim and noted that his ankle bracelet is working just fine because of his “panic that the court might change the bail.”