Electronic Monitoring Special Conditions - Corrections Department NZ

Special conditions relating to electronic monitoring (EM) of periods during which an offender is restricted to their residence may be imposed on ES orders. During these periods the offender's presence at or absence from the address is electronically monitored. This topic covers the criteria and process to follow for recommending EM special conditions.

Types of EM

The table below describes the three types of special conditions which are electronically monitored.

Type	Description	Legislative reference
Residential restrictions at all times (full RR)	The offender is restricted to their address for 24 hours a day, 7 days a week, and is only allowed to leave during approved absences. Full RR may only apply for up to 12 months.	Section 33(2) - (ii) and section 107K Parole Act 2002.
Residential restrictions at times specified by the NZ PB (partial RR)	The offender is restricted to their address for specified periods. Note: There is no provision for authorised absences (other than on humanitarian grounds) during these periods, and this must be taken into account when recommending the specified periods. Partial RR may apply for up to the duration of the ES order (i.e. no time limit imposed by the legislation).	Section 33(2) - (i) and section 107K Parole Act 2002.
Electronically-monitored restrictions on whereabouts	The offender is subject to a special condition prohibiting them from entering or remaining in specified places or areas, at specified times or at all times, and the NZPB also imposes an EM condition in relation to this condition. Electronically-monitored restrictions may apply for up to the duration of the ES order (i.e. no time limit imposed by the legislation).	Section 15 and section 107K Parole Act 2002.

Criteria for considering EM

EM may be considered for offenders who meet all the following criteria:

pattern or history of offending, or identified risk, of accessing victims outside the home at known times of day.
risk that can be mitigated by confining the offender to known locations (e.g. residence, employment) during specific periods of the day (e.g. over night, periods during which children are travelling to and from school, 24 hours).
intellectual capacity to comprehend and comply with the EM equipment and regime.

Process for EM

The following table describes the process for recommending EM.

Stage

Description

After preparing for the ES report interview (but before the interview), if the probation officer is considering EM, the probation officer advises the ES operations adviser.

If, after discussion with the ES operations adviser, the probation officer is still considering EM, the probation officer:

discusses this with the service manager, and
proceeds with the usual ES interview and enquiry process.

If an address has been identified, then the probation officer conducts enquiries for electronic monitoring.

Reference: Appendix for Electronically-monitored Sentences/Orders.

The service manager writes a memo to the area manager:

setting out how the offender meets the EM criteria, and
seeking approval for EM.

If an address…	then the memo…
has been identified	should include the results of the enquiries for EM.
has not been identified, or does not meet the EM requirements checked during the enquiries for EM	should seek approval in principle for EM.

The area manager forwards the memo to the regional manager, noting whether they support the recommendation for EM.

If the regional manager…

then the regional manager…

supports EM

forwards the memo to the ES operations adviser, noting that they support the recommendation for EM.

does not support EM

conveys this decision to the probation officer via line managers.

The ES operations adviser:

checks the EM proposal
refers the proposal to the regional manager for revision if necessary, then
forwards it to the general manager, CPPS, for approval.

The general manager, CPPS, either approves EM or not and conveys the decision to the probation officer via line managers.

The probation officer writes the ES report as per usual process. This includes submitting the draft report to the ES operations adviser for feedback.

Reference: ES Report and Application Process.

If EM was…

then the report should include…

approved

details of how the offender meets the EM criteria above
the specific times and days of the restriction, and
the EM appendix, if available.

not approved

a statement that EM was considered but was not deemed appropriate and the reasons why.

When the final report is received at the CPPS head office, the ES coordinator will submit it to the general manager, CPPS, along with a cover memo for the general manager, CPPS, to approve the report's recommendations.

If an address has not been identified, or the proposed address has not met the EM requirements checked during the enquiries for EM, then once an address has been identified, the probation officer:

carries out EM enquiries
writes the EM appendix, and
sends it to the NZPB as an addendum prior to the hearing or as a variation after the hearing.