Electronic MonitoringA guide for criminal justice professionals

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Introduction

Electronic Monitoring, or ’tagging’, is an established and key tool for criminal justice agencies by monitoring people in the community who are subject to a curfew.

It provides a robust, disciplined and cost-effective means of monitoring subjects who are carrying out community sentences, are on bail pending a court hearing, or who have been released from prison or youth custody and are subject to licence conditions.

Content

1. Sentencing purposes Page 4

2. Changing lives: Page 6 Multi-requirement Community Order

3. How electronic monitoring works Page 8

4. Changing lives: Page 11 Single-requirement Community Order

5. Myth busting Page 12

6. Targeted curfews Page 15

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1. Sentencing Purposes

Curfew with Electronic Monitoring (EM) is appropriate for the following:

Punishment Curfew with EM can be a significant punishment for offenders:

■ Restricts liberty

■ Movement is confined to the specified address

■ Can be used with other requirements

■ Hours and length can be tailored to be proportionate to the punishment

■ Can be used as an effective breach penalty for other requirements, such as Unpaid Work

■ Immediate application - most curfews are installed on the night of the sentence thereby linking cause and effect in the offender’s mind

Public Protection Curfew with EM helps protect the public and hours can be tailored to address specific offending patterns:

■ Immediate application - most curfews are installed on the night of sentence

■ Breaches are dealt with swiftly

■ Curfews can fit patterns of crime to protect the victim or public

■ Contributes to risk management strategies

■ No restrictions for bail – up to 24 hours per day, 7 days a week

Crime Reduction Curfew with EM provides an opportunity for offenders to turn their lives around in a controlled way and change their offending behaviour by allowing them to access work, education, family life and society:

■ Evidence to suggest that crime is suppressed

■ Keeps subjects off the street and reduces pro-criminal association

■ Helps avoid peer pressure to offend

■ Restricts opportunities to offend

■ Curfews can be tailored to interrupt offending patterns

Rehabilitation of OffendersCurfews with EM are flexible and allow opportunities for employment and education; they provide structure and can work in conjunction with other requirements to assist with rehabilitation:

■ Help increase compliance with the intervention designed to aid rehabilitation

■ Allow time and space for other interventions to work

■ Allow time and space for the offender to establish an alternative pro-social lifestyle

■ Provide structure and discipline for the chaotic offender

■ Encourage long-term changes through enforcing short-term cessation of offending

■ Targeted curfew hours facilitate attendance at other requirements

■ Help improve family relationships

■ Flexible enough to cater for study and employment commitments

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Having been in and out of prison a number of times since the age of 32, Simon believes that being on tag has helped him enormously. In fact, he actually wrote to the judge who put him on tag to thank her for allowing him to “make a fresh start.”

Profile Name: Simon Rutherford Age: 45 Region: North West Order type: Multi-requirement Community Order

2. Changing Lives

“The idea to open a car washing and valet service came after I thought why should people drive three extra miles into town for this, when I can run one from here that is more convenient for people.”

His friend, who had supported Simon throughout, agreed to let Simon use one of the units to run his business from. He also lent Simon a small amount of cash to start up. Simon arranged business meetings at his house starting at 8pm, so he would be in for his curfew.

Equipment was purchased, flyers produced and signs created. Within four weeks of the initial idea ‘Finishing Touch’ was up and running.

Every week Simon valets the minibus of the local elderly people’s home free of charge and allows other local businesses to advertise at his unit, also free of charge. He is now hoping to branch out by opening a convenience store in the unit next to his car washing and valeting business.

“Being on tag has allowed me to build strong relationships with my family and friends - I wouldn’t recommend prison to anyone. Being on tag has helped me sort my head out and get my life on track.”

Simon acknowledges that the majority of his offences stemmed from alcohol and his quick temper. He admits he would regularly drink to excess, causing him to become violent and often leading to fighting and his arrest. Many of Simon’s offences involved assaulting a police officer.

For his latest offence, Simon was expecting to receive another custodial sentence. However, the judge told him that custody clearly wasn’t working for him and gave him an electronically monitored curfew order instead. This was to run concurrent with probation supervision and included 120 hours’ unpaid work, and attendance at an alcohol awareness programme.

Simon’s elderly mother was initially very apprehensive about his curfew, but when Simon explained it would keep him out of prison, she was extremely relieved. Simon’s 8pm curfew meant he was no longer able to go out drinking in the evenings or mix with certain friends:

“I realised who my real friends were – some were only there for the moment, but true friends have stuck around.” Throughout his curfew period, Simon attended weekly meetings with his probation officer and carried out unpaid work as part of his multi-requirement order.

He also attended anger management sessions and an alcohol course to address some of his issues. In fact, since being on tag, Simon has become teetotal.

One day, Simon was helping a friend who owned some units on an industrial estate and started to think about setting up his own business:

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Predictive dialler system: ■ The EMS predictive dialler system

automatically calls the home monitoring unit if a subject is not at their specified address at the start of their curfew, or appears to have left the specified address during the hours of their curfew

■ The home monitoring unit will ring for a minimum of 27 seconds

■ If the call is unanswered, the EMS monitoring system will record “Called No Answer By Predictive Dialler”. If the call is answered, the person answering the call is connected to a member of the EMS Monitoring Centre

Events: ■ If the tag is not present at the

specified address at the start of the subject’s curfew, the EMS monitoring systems will display an “Out Past Curfew” event and the predictive dialler will call the subject’s home monitoring unit

■ If a subject returns home after the start of their curfew, the EMS monitoring system will display a “Return Home Late” event. EMS staff will then call the subject’s home monitoring unit to investigate the reason for the absence

Monitoring range: ■ When the monitoring equipment is

installed, it is adjusted to ensure the subject can go anywhere within the specified address without going out of range

■ Unless otherwise specified on the curfew order, the subject will be ranged from the front door to the back door and for all internal living space of the specified address

Reliability of the equipment: ■ The technology used (radio frequency

transmissions) has been proven to be reliable over many years

■ The monitoring equipment is extremely robust and reliable and meets the stringent specifications laid down by the Ministry of Justice. The monitoring equipment is also rigorously tested and audited by EMS, an independent body, and the Home Office Scientific Branch

■ Tags are waterproof and having a bath, shower or swimming will not interfere with monitoring

■ Considerable effort is required to break the strap of a tag - it cannot be done accidentally (straps for youth subjects are designed to break at a load of 25 - 30kg; adult subjects at a load of 25 - 40kg)

■ The tag is designed so that once fitted it can only be removed by deliberately cutting the strap - tags do not simply fall off

■ People wearing tags can still ride a bike, play football, rugby, etc without the risk of pulling off the tag

■ The tag strap will not stretch by more than 5% of the original length - this is not enough length to slip off the ankle or wrist

3. How Electronic Monitoring Works

Electronic monitoring equipment is used to check whether a subject is at the specified address during the hours of their curfew.

How the equipment works: Curfew with EM can be a significant punishment for offenders:

■ A tag is fitted to the subject’s ankle (or wrist if there is a proven medical condition)

■ The tag is a transmitter sending signals to the home monitoring unit located at the specified address

■ The home monitoring unit sends information to the EMS Monitoring Centre using the mobile phone network - there is no need for a separate phone line

■ The home monitoring unit has a corded handset so EMS can ring the home monitoring unit to contact the subject, and the subject can lift the handset and press one button to contact EMS, 24 hours a day, every day of the year

■ The EMS computer-based monitoring system alerts EMS to any event that constitutes a breach of the curfew. EMS staff will then call the subject’s home monitoring unit and, if necessary, visit the subject’s specified address

■ The tag and home monitoring unit have unique serial numbers. On installation, these numbers are linked to the subject and are updated if any equipment is added, removed or replaced by EMS

■ Where required, larger properties are monitored by installing multiple home monitoring units

■ The home monitoring unit and tag have tamper mechanisms and will report any tamper event to EMS

■ Any tamper that interferes with the functioning of the equipment is always detectable, will constitute a breach and will be acted upon

■ EMS monitors all activity of the tag and the home monitoring unit 24 hours a day, every day of the year

■ EMS will report any breach to the relevant authorities when required

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Tamper mechanisms and back-up: ■ Any tamper that interferes with

the functioning of the equipment is always detectable, will constitute a breach, and will be acted upon

■ The monitoring equipment is fitted with a number of anti-tamper mechanisms. This means that removal or attempted removal of the tag, damage to or movement of the home monitoring unit, or unplugging the home monitoring unit from the mains power, are all automatically reported to EMS

■ In the event of a loss of mains power, the home monitoring unit has a backup battery, which will allow the unit to function normally for up to 36 hours; the loss of power is automatically reported to EMS

■ The tag strap contains fibre optic cables. If the strap is cut or forcibly removed, the fibre optic cables are broken and this will transmit a tamper alert to EMS

■ The tag strap cannot be removed without physical signs of forced removal

■ If the tag is tampered with outside the specified address, the tamper message is transmitted to EMS as soon as the tag comes back into the range of the home monitoring unit

■ When the equipment is installed, test calls are made to ensure the home monitoring unit has a mobile phone signal

■ If the home monitoring unit loses its mobile phone signal, the subject’s compliance with the curfew is still recorded in the unit’s memory. These details are transmitted to EMS as soon as the signal returns so all events will still be monitored and recorded

Rigorous enforcement: ■ Any tamper that interferes with

the functioning of the equipment is always detectable, will constitute a breach, and will be acted upon

■ Any other breach of curfew is similarly reported promptly to the relevant criminal justice agency and acted upon as appropriate:

o Community Order breaches are reported to and enforced by the relevant agency (i.e. NPS, CRC or YOT)

o Bail Curfew breaches are immediately reported to the Police; the Police may then arrest the subject and return them to court

o HDC breaches are dealt with by the Public Protection Casework Section (PPCS) and the subject may be recalled to prison

■ In all breach cases, the relevant agency will be fully supported with evidence and advice provided by EMS

4. Changing Lives

Being on tag was a chance for Sarah to look at her own life and focus on the direction she wanted to go in. She quit drugs and joined a volunteer group.

ProfileName: Sarah Manchester Age: 18 Order type: Single requirement Community Order

Sarah pleaded guilty to her public order offences and was given a 100-day electronically monitored curfew.

“My mum was mortified; she wouldn’t come to court, she couldn’t even look at me. Dad was OK about it really. He knew I was sorry and he knew I was being punished with the tag. My brother and two sisters were really awful to me – you’d think I’d killed someone! I think it’s because I am the youngest – I guess I am a bit spoilt at times.”

In the past Sarah went to college during the days and hung out with her mates in the evenings and at weekends.

“My mates are a crazy bunch but we never did anything mega. We just had a few drinks and dabbled with drugs.”

Whilst Sarah was on curfew, she had plenty of time to think about how she had let both herself and her family down and the direction her life was heading. She knew she had to quit her recreational drugs use and, with the help of her sister, she developed a much healthier lifestyle.

Sarah completed her order despite a set back in September when she breached her curfew. Sarah had been on tag for over a month and the initial shock of the punishment was beginning to wear off.

Being very late home at the start of her curfew resulted in Sarah being breached and she received a summons to reappear at court. Once again Sarah realised that she had let herself and her family down. The summons was the sharp shock that Sarah needed to get back on track and she went on to successfully complete her curfew.

Being on tag had a longer term impact on Sarah’s life - she was one of twelve young volunteers who went on a three-week trip to Bulgaria, where they refurbished a run-down orphanage.

“Whilst being on tag I would sit and talk to my parents about what I wanted to do with my life. Dad suggested that I joined the Prince’s Trust. When the project came up to help the children’s orphanage in Bulgaria I knew it was something I wanted to do. It was an amazing experience, just to see how happy the children were with the work that had been carried out. It makes you appreciate much more what we have.”

Sarah has completely kicked her drug habit and hasn’t re-offended. She still lives with her parents, is continuing her studies and hopes to go to university.

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5. Myth Busting

These tagging myths have done the rounds with subjects, the press and criminal justice professionals. Customers still come to us with enquiries about stories they have heard, concerned that they may be true and unable to counteract them with the facts.

When sentencing offenders, being equipped with the knowledge to dismiss such untruths is essential. We have therefore collated some examples of the questions we answer regularly:

The Myth “I have had offenders in breach courts claiming that the tag had got trapped in the pedal when riding a bike and had come off, or that the tag had been pulled off while playing football.”Source: Magistrate during a visit to our Monitoring Centre

The Facts ■ The tag is designed so that once

correctly fitted, it can only be removed by applying immense force to break the strap or by deliberately cutting the strap off

■ Tags do not simply fall off

The Myth “The monitoring unit has a battery backup, so you can move the unit anywhere you like.”

Source: Subject

The Facts ■ The monitoring unit has numerous tamper alerts. If anyone

attempted to move the unit, this would be flagged to our Monitoring Centre and enforcement action taken

The Myth “I read a funny story in the press about someone who took their tag off, put it on the dog and went out. What would stop them putting it on another person?”

Source: Police Sergeant in a regional CJ meeting

The Facts ■ Tags cannot be removed without

the system reporting it to our Monitoring Centre

■ If someone did remove the tag and place it on their dog, for example, we would know that the tag had been removed and take enforcement action

5. Myth Busting

The Myth “In a recent session a young offender boasted to other offenders in the group that they had stretched the strap by heating it with a hairdryer until they could slip the tag off. Is that possible?”

Source: Youth Offender Worker

“An offender in my caseload was breached for tampering with their tag strap, claiming it had stretched during a hot bath. I allowed them to plead ‘not guilty’ in court because as far as I knew it was possible.”

Source: Offender Manager at a Probation workshop

The Facts ■ This is not possible as the strap

is made from material that is designed to stretch no further than 5% of the original length. This would not provide enough length to slip the tag off the ankle or wrist

The Myth“You can wrap tin foil round your tag so it can’t send signals.”

Source: Subject

The Facts ■ If a subject used anything to block

the radio signal, the monitoring unit would simply not receive any transmissions from the tag and would alert the Monitoring Centre that the subject was out

■ This would achieve nothing for the subject, as they would be showing as out even though they were actually in!

The Myth An offender I was working with would go out during curfew hours but claim to be in the bath. Is it true that the signal is disrupted by having a shower or a bath?”

Source: Offender Manager, Probation

The Facts ■ Tags are waterproof and having a

shower or bath does not interfere with monitoring

■ In a few cases, cast iron baths can interfere with the tag’s signal, but it is extremely rare that the signals are totally blocked

■ As part of the installation process, we specifically test to see if the bath affects monitoring and adjust the placement of the monitoring unit accordingly to resolve any issues

■ If the problem reoccurred and it was not possible for the person to have a bath or shower outside of curfew hours, we would take revocation action. However, we are not aware of any instances where we have ever had to take revocation action because of a bath

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5. Myth Busting

The Myth “Culprits are often using cigarette lighters to burn the band attaching the device to their leg.”

Source: Daily Mail

“A resident in the hostel I was in while on tag, used a cigarette lighter to remove his tag. What is to stop me doing that?”

Source: Subject

The Facts ■ Tags are designed to be removed

with the use of a sharp instrument

■ While it may be possible to burn through the strap with a cigarette lighter or cigarette, the likelihood of the wearer being burned in the process would be high and the tamper would still be reported

■ Whether or not the strap is successfully burned, once the tag has been tampered with or removed, the information is immediately reported to our Monitoring Centre

■ We would take enforcement action as a result of the tamper

The Myth “I know that tagging now uses mobile technology, rather than landlines. But is it true that if the mobile signal strength is low, it interferes with the monitoring?”

Source: Magistrate during court presentation

The Facts ■ Mobile signal strengths only affect

our ability to download information to our Monitoring Centre in real time. They do not interfere with monitoring

■ Fluctuations are usually only for short periods and our equipment continues to monitor offenders and store events. Once the mobile signal is restored, the event information is retrieved and automatically sent to the Monitoring Centre

6. Targeted Curfews

Curfews controlled by electronic monitoring help bring much-needed stability, structure and supervision, whilst still serving as a method of punishment for those who have broken the law.

Most people tend to think of curfews as a standard 7pm - 7am requirement. In fact, 75% of curfews monitored by EMS are in force at night for 7 nights of the week, spanning a 12-hour period. However, curfews can be used far more creatively to help break offending patterns and behaviours, or support other requirements.

Curfew hours can be broken up in any way; curfew days can be alternated and can also change week by week. By varying the times, days and length of the curfew, it is possible to establish a more targeted approach to best control the behaviour of the subject.

The examples below briefly detail cases where curfews with EM have been used in a targeted way.

Supporting Other Requirements Recommending a curfew the night before an unpaid work session or programme to enforce a routine can help aid compliance. It ensures the offender is at home throughout the night and therefore more likely to get a good night’s sleep and attend the next day.

Protecting Victims In a harassment case a subject was curfewed between 8am and 10am, between 11.30am and 1.30pm and again from 4pm until 6pm. This gave his victim some respite and allowed her to get to work, have her lunch and get home without being bothered by him.

Disrupting Offending A prolific shoplifter received a curfew order, which reduced her opportunity to steal, but still allowed her to fulfil her family commitments. She was given two curfew periods of 9am to 2pm and 4pm to 9pm. This kept her away from the shops, but gave her time to take her children to and from school.

Multiple Addresses A 14-year-old was given a curfew at two addresses on alternative week days and weekends to fit around his parent’s custody arrangements.

Summary Curfews do serve as an effective punishment, while helping to bring about change in a subject’s life. Through careful targeting of the curfew hours, by varying the times, days and length, curfews can have an even greater impact.

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Contact Details For more information or to arrange free training on any aspect of Electronic Monitoring, please email enquiries@ems.co.uk or call 0161 862 1000

EMS PO Box 170 Urmston Manchester M41 7XZ

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