The Current Application and The Current Application and Future of Electronic Monitoring Future of Electronic Monitoring in the Criminal Justice System in the Criminal Justice System
in Taiwanin Taiwan
Wang, Nan-Jiun Wang, Nan-Jiun Visiting Scholar, EALS, HLS Visiting Scholar, EALS, HLS
(2006.09-2007.06)(2006.09-2007.06)Public Prosecutor, Taiwan Taipei District Prosecutors OfficePublic Prosecutor, Taiwan Taipei District Prosecutors Office
OutlineOutline
• Introduction
• The current application of electronic monitoring in Taiwan
• Personal opinions
• Conclusion
IntroductionIntroduction
• Background
• What is electronic monitoring (EM)?
• What is electronic monitoring program?
• Where do the concepts originate from?
Where do the concepts originate Where do the concepts originate from ?from ?
• Spiderman —Jackal and the Punisher, 1974
• Judge Love in New Mexico --sentenced the first offender to electronic monitoring in 1983
• Harvard psychologist Dr. Ralph Schwitzgebel , 1960s
How many countries use How many countries use Electronic Monitoring today?Electronic Monitoring today?
• United States, Canada, Singapore, Sweden, the United Kingdom, Australia, New Zealand, the Netherlands, and South Africa.
Why Taiwan wants to use Why Taiwan wants to use Electronic monitoring?Electronic monitoring?
--Overcrowded jails
--Community protection and reducing recidivism
--Rehabilitation enhancement
--Increasing judicial options
Overcrowded jailsOvercrowded jails Prison population- 63,206 (Jan. 2007)
capacity- 53,311
Overcrowding- 9,895
new prisoners -37,607, up 13.3% since 2005
Community protection& RCommunity protection& Reducineducin
g recidivismg recidivism
• ensure that the defendant stays away from the victims
• prevent paroled criminals from becoming recidivists.
Rehabilitation enhancementRehabilitation enhancement
--maintain employment
--attend classes, treatment, community service
--remain with their families
* an effective way to help offenders back to normal life in the society as early as possible.
Increasing judicial optionsIncreasing judicial options
EM affords judges the opportunity to customize justice in ways that could not be achieved when the only alternative was home confinement without EM.
IntroductionIntroduction -- --OverviewOverview
• inevitable trend to use EM in criminal justice systems
• cooperation of the judiciary is the key to the success of the EM program
The current application of The current application of electroelectronicnic monitoring in Taiwan monitoring in Taiwan
• Legislation• Requirements in use of EM • Devices • Cases • Social Response • Effectiveness • Future Plan
LegislationLegislation
--Sexual Assault Crime Prevention Act 20(3) (性侵害犯罪防治法第 20條第 3項 )
“With the permission from the Prosecutor and Military Judge, the guardian could supervise and control the offender, who falls into the above item 4 and 5, with technological equipment.”
Requirements in use of EMRequirements in use of EM
-- sexual offenders who are released on parole or probation
-- under preventive control by guardians*
-- be ordered to stay at an appointed accommodation or be under a curfew
-- with the permission from the Prosecutor and Military Judge.
*correction officials
The DevicesThe Devices
-- Videophone system(2005.9-2006.11)
-- Radio Frequency Identification
(RFID) system(2006.11-present)
Radio Frequency Identification Radio Frequency Identification (RFID) system(RFID) system
RFID system consists of
-- a transmitter
-- a receiver
-- a central computer
“Active system”
RFID transmitterRFID transmitter
• electronic transmitter bracelet (which may resemble a watch) around a wrist or an ankle
RFID receiverRFID receiver
• set up at the offender’s home • picks up signals• reports to a central computer
RFID central computerRFID central computer
Ministry of Justice
in Taiwan
• located in the monitoring center
• compare signal interruptions
• alert correctional officials & local Prosecutors’ Office to unauthorized absences.
Practical CasesPractical Cases
name crime EM type year
Si-hsian Pan
(潘思賢 )
sexual offender
videophone 2005
A-Ming
(阿明 )
sexual offender
videophone 2005
Lee
(李先生 )
sexual offender
RFID 2006
Social ResponseSocial Response
Mainstream thoughtsMainstream thoughts-- EM can ensure the safety of victims and commu
nity members
-- EM can prevent paroled criminals from becoming recidivists
* offenders who were assigned to be electronically monitored generally accept the new approach at the beginning and also agree that the equipment helps them control the
mselves
Offenders on EM/HC in the United States
Year Offenders on EM/HC on survey date1985 171986 951987 8261988 2,2771989 6,4901989-1995 Around 6,5001996 7,4801998 10,8272002 9,706
US Prisoners in EM Program
0
2000
4000
6000
8000
10000
12000
1985 1990 1995 2000 2005
Year
# o
f P
riso
ner
s
The Future PlanThe Future Plan
-- 40- 50 sexual offenders will be under the EM programs as soon as possible.
-- apply the EM programs to the pre-trial defendants, especially in corruption, financial crime cases.
Personal opinionsPersonal opinions
1.Pretrial release of felony defendants especially involved in significant corruptions or financial crimes should be included in EM program as soon as possible
Case in the USA: Former astronaut Lisa Marie Nowak case
Personal opinionsPersonal opinions
2. Considering GPS for future using
-- What is GPS? Global Positioning System
--Benefits and drawbacks of GPS
-- Suggestion: GPS? RFID?
Personal opinionsPersonal opinions3. When properly implemented, EM programs
are able to save jurisdictions significant sums of money
Florida --saving of more than $40 per prisoner per day ; in West Palm Beach, saved the county at least $320,000 over five years.
Personal opinionsPersonal opinions
4.EM devices are merely a way to enhance supervision of program clients, advocates should avoid exaggerating EM programs
--staff who supervise the EM clients that can make a program work; not the devices per se.
-- select well- tested equipment
Personal opinionsPersonal opinions
5.Assessing the practical impact on the family for the application of EM program
-- consider prudently if an EM program is to be used properly on the specific offender.
Personal opinionsPersonal opinions
6.A careful design for EM programs including a sliding scale of fees is necessary
Taiwan-- no charge now
The U.S.A-- 5- 15 dollars per day
Q: Should pay or not? YES.
ConclusionConclusion
EM can • Solve the problems of overcrowded jails • Be cost-effective • Protect victims• Prevent defendants from escaping• Be the most secure form of supervision other
than jail
EM is more and more popular around the world.
ConclusionConclusion
Is EM effective?
Does it reduce recidivism ?
-- Too new to evaluate and research is not adequate so far
-- one of many options in the criminal justice toolbox; an option that has a lot of promise
ConclusionConclusion
• EM is still worth trying& developing
• Need cooperation of the Judiciary
• Continuous and intensive research to find the difficulties and the way how to improve
• Not only supervise offenders with EM devices but also provide them with psychological consultation and support