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Introduction

This topic outlines policy and procedures regarding the temporary removal of electronic monitoring equipment for offenders subject to CD.

What may be removed

Under normal circumstances, the offender will wear the anklet throughout their sentence. However, there are some circumstances in which it may be temporarily removed.

Who is responsible?

Temporary removal of the anklet can only occur with service manager approval.

The anklet must only be removed and reattached by a staff member with CD-EM technical training.

Where the anklet may be removed

The anklet may only be removed at a CPPS office. The offender must report to the CPPS office at a pre-arranged time suitable for the removal and re-attachment of the anklet.

Removing the anklet during a curfew period

Temporary removal during curfew hours will only be approved:

  • in exceptional circumstances
  • only with an approved absence.

Reference: Volume 3B, Part lll, Chpater 4 Approved Absences.

Examples of exceptional circumstances include where an offender:

  • needs to fly (it is against aviation law for the offender to wear an anklet on an airplane)
  • is visiting a close friend or family member who is seriously unwell in hospital (the anklet may interfere with hospital equipment)
  • requires an operation or medical treatment (the anklet may interfere with the procedure).
Removing the anklet outside curfew periods

Temporary removal outside curfew hours must only be approved if:

  • there is a good reason for the request
  • the offender has demonstrated sufficient compliance with the sentence to indicate they will comply with the instruction to have the anklet reattached before the next curfew commences
  • the anklet will not have to be removed and reattached more frequently than once a week
  • the removal and reattachment can take place during CPPS office hours when staff are available.

Possible reasons for temporary removal can be described by one of the following:

  • there are exceptional circumstances as defined above
  • the offender wishes to participate in an activity that is deemed unsuitable.

Reference: This chapter, the topic Suitable Activities for Electronic Monitoring

The reasons why the approval has been granted, and who it was granted by, must be clearly documented in IOMS casenotes.

 

Steps to take

The following table outlines the steps to take for the temporary removal of the anklet.

Step

Action

1

Assess whether the offender's request for the temporary removal of their anklet meets the rule for when anklets may be removed.

If the request...

then...

meets the rule you may consider approving the request. Go to step 2.
does not meet the rule
  • notify the offender that their request is denied
  • record this in IOMS casenotes with the reason for denying the request.


2

Decide whether to approve the request in consultation with the service manager.

If you decide to ... then...
approve the request go to step 3.
decline the request
  • notify the offender that their request is denied and the reason for this
  • record this in IOMS casenotes.


3

Determine a suitable day and time for the removal and reattachment of the anklet (in consultation with CPPS technical staff as applicable).

4

Issue the offender with a written instruction to report (ITR) stating the times and dates the offender must report to have their anklet removed and reattached.

5

Record in IOMS casenotes that the request has been approved.

6

File the ITR on the offender's file.

7

Remove and reattach the offender's anklet as detailed in the Technical Guide for Community Detention.


Storing the anklet

Each anklet has a unique identifier which is linked to the individual offender and the HMU installed at the curfew address. It is therefore essential that the anklet that is removed on a temporary basis is the same anklet that is re-attached to the offender. The anklet must be clearly identified and stored securely until it is reattached.

If the offender does not attend for reattachment

If the offender does not comply with the instruction to report (ITR) to have the anklet reattached, immediate enforcement action must be considered.

Reference: This volume, Part IV Non-compliance and enforcement.


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